[Ontario Surrogate's Records] [Index to Book 14]


Ontario County Wills & Administrations

Book 14 (1819-1822)


Page 44

[On 11 August 1819 the last Will and Testament of Jemima Wilkinson or the Universal Friend was presented; Rachel Malin and Margaret Malin were appointed administrators thereof by Stephen Phelps, Surrogate.

John Collins swore to witnessing the will, which bore date the 7th day of the 7th Month in 1818, along with Ann Collins and Sarah Gregory.

On the same day James Brown Jr. also affirmed that he saw the said Jemima Wilkinson or the Universal Friend deceased in the additional execution of her last Will and Testament, and that he, Thomas R. Gold and John Briggs signed their names to the said additional Execution.

Stephen Phelps, Surrogate

There is no copy of the aforesaid Will recorded in this book. Pages 45 and 46 appear to be missing, at least from the microfilm from which this transcription was taken.]

Page 100

[17 September 1819

The will of Samuel McKay is presented; administration is granted to Christiana McKay, named executrix in the will.]

In the name of God Amen—

I, Samuel McKay of Benton being weak in body but of sound and perfect mind and memory, do make and publish this my last Will and Testament in manner and form following, (that is to say),

first I give and bequeath unto my beloved wife Christiana McKay the farm that I now live on during her natural life provided there is a deed procured for the same and if not the use of the money which I have paid towards said farm, during her natural life—

I do also give and bequeath to my trusty and beloved friends William A. Weed, Hiram Weed, James Weed & Thomas E. Weed, each one quarter of said land or the avails thereof after the decease of my beloved wife Christiana.

I also give and bequeath unto my wifes daughter Nancy Anderson my bed and bedding and a Heifer—

And lastly as to all the rest and residue and remainder of my personal estate, Goods & Chatels of what kind and nature soever I give and bequeath the same to my beloved wife Christiana McKay after paying my debts whom I hereby appoint sole executrix of this my last Will and testament hereby revoking all former wills by me made.—

In witness whereof I have hereunto set my hand and seal this seventh day of January eighteen hundred and eighteen.

Signed, Sealed, published and de- his

clared by the above named Samuel Samuel X McKay (seal)

McKay to be his last will and Tes- mark

tament in the presence of us who have

hereunto subscribed our names as

witnesses in the presence of the Testator—

Abner Woodworth

John Weed

Jehiel C. Griswold

[Abner Woodworth personally appeared and swore to witnessing the will, along with John Weed and Jehiel C. Griswold, 17 September 1819. Proved by Stephen Phelps, Surrogate.]

Page 140

[5 April 1821

The will of Samuel Raymond is presented; administration granted to Joseph Smith and Nathan P. Cole, executors named in the said will.]

In the name of God Amen.

I Samuel Raymond of Benton Ontario County and State of New York, being weak in body but of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last will and Testament, in manner and form following (that is to say)

After paying all my honest debts funeral charges &c I give and bequeath unto my beloved wife Froanna Raymond the use of one equal third part of all my Estate both real and personal during her natural life.

I do also give and bequeath unto my son David Raymond the use of thirty five Acres of my real estate, it a part of Lot No. one hundred and Sixteen in Township No. Eight in the first Range of Towns in the County of Ontario, to be set off from my farm in such manner as will make equal in value to the remaining part of said Farm. The said David Raymond is to have the exclusive use of the said thirty five acres during the natural life of the said David Raymond and also the natural life of his wife Mary Raymond, and then the thirty five acres of Land is to be equally divided between the heirs of the said David Raymond except Ayres Raymond who is herein provided for.

I do also give and bequeath unto my grand son Ayres Raymond all the residue of my real Estate which is the remaining part of the farm above described all which is hereby devised unto the said Ayres Raymond.

Also after my decease and decease of my wife, I give and bequeath unto my son David Raymond my clock and case.

I do also give and bequeath all the remaining part of personal property to my beloved wife Froanna Raymond,

and lastly I do hereby constitute and appoint Joseph Smith and Nathan P. Cole joint Executors of this my last will and Testament, hereby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal the 7th day of February in the year of our Lord one Thousand eight hundred and twenty one.

Signed sealed published and

declared by the said Samuel Samuel Raymond (seal)

Raymond to be his last will

and Testament in the presence

of us who have hereunto sub-

scribed our names in the presence

of the Testator as witnesses—

James Wilkins

Cyrus Buel

David H. Buel

[5 April 1821, Cyrus Buel appeared personally and swore to witnessing the will, along with James Wilkins and David H. Buel. Proved by Stephen Phelps.]

Page 144

[26 April 1821

The will of Timothy Griswold is presented; David Burke and Betsy Griswold are granted administration.]

I Timothy Griswold of the town of Italy County of Ontario and State of New York, considering the uncertainty of this Mortal life and being of Sound & perfect mind & memory blessed be the Almighty God for the same do make & publish this my last will & testament in the manner following:

First, I give & bequeath to my wife Mary Griswold and my youngest Daughter Betsy Griswold all my landed property of whatever tittle name or Nature during their Natural lives granting unto them the above Named my beloved wife Mary Griswold and my youngest daughter Betsy Griswold full power and authority to sell grant remise & release any part or parts of said Landed property for their own personal comfort and support and at the decease of my wife Mary Griswold and my youngest Daughter Betsy Griswold the above Named Landed property or all remaining part of it of whatever name or Nature they may be to my Grandson Erastus Griswold son of my son William Griswold his heirs & assigns forever.

I bequeath also to my son William Griswold the sum of twelve Dollars & fifty Cents to be paid him in personal property;

also to my Daughter Sarah Stone the like sum of twelve Dollars & fifty Cents to be paid in like manner & at the same time (viz) one year after my decease;

also to the above Named Erastus one yoke of four year old Cattle now on the premises and now at his disposal,

and all the remains of personal property to the above Named my wife Mary Griswold and my Daughter Betsy Griswold forever.

And I hereby appoint David Burke and my Daughter Betsy Griswold Executor and Executrix of this my last will & testament, hereby revoking all other will by me made.

In witness whereof I hereunto set my hand & seal this the sixth day of March in the year of our Lord one thousand eight hundred & twenty one.

Signed sealed and Timothy Griswold (seal)

Delivered in presence of

Randal Hewit}

Stephen Taylor} Witnesses

Randal Hewit Jnr Signed by the special order.

and of the Testator

[26 April 1821

Randal Hewit swears to witnessing the will, along with Stephen Taylor and Randal Hewit Junior; proved by Ira Selby, Surrogate]

Page 200

[27 May 1822

The will of Ephraim Parker is presented; Betsy Parker is granted administration.]

In the name of God Amen.

I Ephraim Parker of the town of Middlesex in the County of Ontario and State of New York being weak in boddy but of sound mind and memory do make and Publish this my last will and testament in manner and form following (that is to say):

I Bequeath to my beloved wife Betsy ten acres of land described as follows Seven Acres of improved Land beginning at the road south west of my house so as to run one rod west of my house and run north until it strikes the Brook thence East far enough to make up seven acres, also three acres of wood Land Beginning at the south east corner of my Land thence running North until it Reaches the Brook thence west far enough to contain three acres;

also I do bequeath one Cow and ten sheep also all my Houseold furniture and farming utensils during her life;

the remainder of my property I bequeath unto my children (that is to say) unto Lydia fifty cents the remainder of my property to be divided between my six youngest children equally that is Betsy, Hannah, Eunice, Lucinda, Chancy and Joseph;

also I do hereby appoint my beloved Wife Betsy sole executrix of this my last will and testament hereby revoking all former wills by me made in witness whereof I have hereunto set my hand and seal the twentyeighth day of January in the year of our Lord one thousand Eight hundred and seventeen.

Signed Sealed published delivered by the above named Ephraim Parker to be his Last will and testament in the presents of us who have hereunto subscribed our names as witnesses in presence of the testator.

Nathan Loomis} Ephraim Parker (seal)

Stephen Loomis}

Sally Loomis}

[27 May 1822

Nathan Loomis swears to witnessing the will, along with Stephen Loomis and Sally Loomis; proved by Ira Selby]

Page 240

[10 October 1822

The will of Daniel Brown is presented for probate; Daniel Brown Jr is granted administration.]

In the name of God Amen.

I Daniel Brown of the town of Jerusalem in the County of Ontario and state of New York being of sound and perfect mind and memory do make and publish this my last will and testament in manner and form following that is to say:

First. I give devise and bequeath unto my grand son Alfred Brown being the son of my son Daniel Brown Junior and to his heirs and assigns forever two hundred acres of land to be taken off of the East end of the farm on which I now live in the town of Jerusalem afore said the said two hundred acres of land hereby divised and bequeathed to the said Alfred Brown and his heirs and assigns to be taken off of the said East End of said farm so that the west line of the said two hundred acres shall come parrellel with the East line thereof across the whole of the said farm.

Secondly. I give divise and bequeath unto my Grand Daughters Anna Brown and Polly Brown daughters of my said son Daniel Brown Junior and to their heirs and assigns forever all the rest and residue of my said farm messuage or tenaments situate being and lying in the town of Jerusalem and on which I now live and which has not heretofore been divised and bequeathed to my said Grand son Alfred Brown together with all my other freehold estate whatsoever to be Equally divided between my said grand daughters Anna Brown and Polly Brown to hold to them the said Anna Brown and Polly Brown their heirs and assigns forever and in case Either of my said grand daughters Polly Brown and Anna Brown shall die before they arive at the age of twentyone years and without lawful issue then the share or proportion so divised and bequeathed to them shall go and belong to the survivor of them and the said Alfred Brown their heirs and assigns to be equally divided between them.

Thirdly. All my personal estate goods and chattels of what kind or nature soever I give and bequeath unto my said grand children Alfred Brown, Anna Brown and Polly Brown to be equally divided between them after the payment of all my first debts [and] funeral charges.

Lastly. I do hereby appoint my son Daniel Brown Junior sole executor of this my last will and testament.

In witness whereof I have hereunto set my hand and seal the thirtieth day of March in the year one thousand Eight hundred and twentytwo.

Daniel Brown L.S.

Signed seal published and declared by the above named Daniel Brown to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and of each other.

Ezra Martin

Joseph S. Cogswell

Allen Housel

[10 October 1822

Joseph S. Cogswell swears to witnessing the will, along with Ezra Martin and Allen House [sic]; proved by Ira Selby.]

Page 310

[4 October 1821

The will of John Dorman is presented; Sybil and Joel Dorman and William M. Oliver are granted administration.]

In the Name of God Amen.

I John Dorman of Milo in the County of Ontario considering the uncertainty of this mortal life and being of Sound and perfect mind & memory Blessed be almighty God for the same do make and publish this my last will and Testament in manner & form following that is to say:

First I give devise and bequeath unto my beloved Wife Sybill Dorman during her natural life the Sole use occupation and control of all my Land or Village Lots lying in the Village of Penyan and the dwelling House in which I now reside with all the out houses thereunto belonging and I further give & bequeth unto my wife Sybill during her Natural life four acres of Land to be taken off of the east end of my fourteen acre Lot lying at or near Aaron Plimptons farm or Lot of Land in Milo aforesaid. And I further give and bequeath unto my said wife two of my best Cows twelve of my best sheep my Silver Watch my Black horse my one Horse Waggon & Harness together with all my household furniture and I further will give and bequeath unto my wife Sybill all my farming Utensils which are on my farm in the Town of Jerusalem and now in the possession of Alfred Hayes and one yoke of three year old Staggs one yoke of two year old steers four Cows & ten Sheep. My desire & wish is that my Wife Sybill keep the farming utensils the said Staggs Steers four Cows and the said ten Sheep for the improvement of the said Jerusalem farm Which will be for the benefit of my son Aaron Gilbert Dorman’s heirs as will be found in a Divise herein after mentioned. And I further give Will and bequeath unto my Wife Sybill two hundred Dollars which I direct to be paid to her out of the Debts and property which I have not as yet bequeathed or Devised, by my Executors within two years after my decease.

And I do further give and bequeath unto my son Aaron Gilbert Dorman Fifty Dollars to be paid out of my Personal property by my Executors in three years after my decease. I do give and devise unto the heirs of my son Aaron Gilbert Dorman to wit Temperance Dorman John Dorman Stephen Dorman Sally Dorman Joel Dorman Isaiah Dorman and his now Infant Child and to his heirs which he may have hereafter by his present wife to their heirs & assigns forever to wit, all that certain farm which I now own in the town of Jerusalem being the farm of about one hundred and fourteen acres now in the possession of my Tenant Alfred Hayes subject however to the following Incumbrance to wit my request is that my son Aaron Gilbert wife and Family should go on and occupy and support their Family out of the proceeds and profits of said Jerusalem farm. But in Case the said Aaron refuses to go on and occupy the said farm I hereby order and direct my Executors to rent out the said farm on shares or other wise and pay over the proceeds and profits of said farm to the said Aaron or his wife for the support of said family and this order I to be done during the life of the said Aaron and wife and at their decease the above devise to their heirs shall take effect as tenants in common—

I further give and devise unto my deceased Daughter Betsy Wagener’s heirs to wit Susan Wagener and Betsy Wagener or unto the survivor of them their heirs and assigns forever all that certain fourteen acre lot of Land lying and being near Aaron Plimptons lot of Land in the town of Milo aforesaid bounded on the South by a road running from Amos C. West’s Inn to John Plimpton’s Shop—and I also give and devise unto the said Susan and Betsy in Manner aforesaid two acres of Land lying on the West side of the road running through the Village of Penyan and is opposite my dwelling house in said Village both of which devises to them is subject to the above devise and bequest to my wife Sybill—and I do give and bequeath unto my two grand children to wit Susan and Betsy Wagener the sum of one hundred and fifty Dollars each to be paid by my executors out of my personal property and debts within two years after my decease.

I do further give Will and devise unto my son Joel Dorman his heirs and assigns forever all that certain four acre Lot and Buildings in which I now reside to wit four acres of Land lying on the east side of the Road running through [the] Village of Penyan subject however to the above devise and bequest to my Wife Sybill and I do give and bequeath unto my son Joel Dorman one hundred Dollars which is to be paid in two years after my decease out of my Debts and personal property by my executors—

and I do further will give and bequeath unto my grand Daughter Temperance Dorman one Cow and ten Sheep which I order my Executors after my decease to let out on shares for her benefit untill she becomes of age—and I also bequeath unto her the said Temperance Dorman fifty Dollars to be paid two years after my Decease out of personal Estate by my Executors.

And I further give and bequeath unto my Grandson John Dorman one Cow and ten Sheep which are to be Let out on shares by my Executors for his benefit untill he becomes of age and I also bequeath unto him the said John fifty Dollars to be paid in two years after my decease by my Executors—

and I do hereby order & direct my Executors herein after Named to pay the several Legacies or sums of Money above ordered to be paid to the said respective Legatees within the respective times above limited out of debts due to me and personal property Goods & Chattels which I have not bequeathed to any one by this my last will & Testament.

And lastly as to the rest residue and remainder of any personal Estate debts Goods & chattels of what kind or Nature soever after paying my Just debts and the above legacies I give and bequeath the same to my said beloved wife Sybill

And I do hereby ordain nominate & appoint my beloved Wife Sybill Dorman my Executrix and Joel Dorman & William M. Oliver my Executors of this my last will and testament hereby revoking all former Wills by me made.

In witness whereof I have hereunto set my hand & seal this eighth day of June in the year of our Lord one thousand eight hundred & twenty one.

John Dorman L.S.

Signed sealed published and declared by the above Named John Dorman to be his last Will and Testament in the presence of us who hereunto subscribed our Names as Witnesses in the presence of the Testator.

N.B. Some interlineations made in the original which are not made in this copy but included therein—

Andrew F. Oliver

Andrew H. Bennett Witnesses to

Scofield Seely the above &c.

[4 October 1821

Abraham H. Bennett appeared and swore to witnessing the above will, along with Andrew F. Oliver and Scofield Seely; proved by Ira Selby.]

Page 318

[22 June 1822

The will of John Hall was presented; administration granted to Moses Hall and Jacob B. Hall.]

In the name of God: Amen.

I John Hall of the town of Benton in the County of Ontario and State of New York considering the uncertainty of this Mortal Life and being of sound mind and memory (blessed be Almighty God for the same:) do make and publish this my last will and testament in manner and form following that is to say:

Imprimus—It is my will and I do hereby order and direct that all my just debts and funeral expences be paid.

Second—I give and bequeath unto my beloved wife Sarah Hall all the uses, Rents and profits of my home farm in the town of Benton, and of my Village lot and eight acre out lot in the Village of Geneva in the County of Ontario for and during her natural life.

Third—I give and devise unto my son Moses Hall and to his heirs and assigns, all and singular my said Village lot situate lying and being on the North side of Seneca Street, between the premises of Richard Hogarth and those of William W. Watson in said Village of Geneva and also my said eight acre out lot in said Village: To have and to hold the same to him the said Moses Hall and to his heirs and assigns forever.

Fourth—Whereas I have heretofore advanced to my daughter Rachel Hall, wife of Jacob Hall, a certain sum of money which I deem an equivalent to her equal share of my estates and effects and have received from the said Jacob Hall her husband and now hold an accountable obligation and security for the said sum of money: Now therefore, I do give and bequeath unto the said Rachel Hall and Jacob Hall her said Husband the said sum of Money so as aforesaid heretofore advanced unto them; and I do hereby release and fully freely and absolutely discharge and acquit the said Jacob of and from all and every obligation, Mortgage, bond, bill, Note and book account in any wise touching or securing the same.

Fifth—Whereas I have heretofore advanced unto my son John Hall a certain sum of money which I deem an equivalent to his equal share of my estates and effects, for which I have received from the said John Hall and now hold an accountable obligation and security for the said sum of money: Now therefore, I give and bequeath unto the said John Hall the said sum of money as aforesaid heretofore advanced unto him the said John Hall and I do hereby release and fully, freely and absolutely discharge and acquit the said John Hall of and from all and every obligation, Mortgage, bond, bill, Note or book account in any wise touching or securing the same.

Sixth—I give and devise unto my son Joseph Hall and to his heirs and assigns all and singular a certain Tract of land containing about thirty acres adjoining the farm on which he the said Joseph Hall now resides in the town of Reading in the county of Steuben: to have and to hold the same to him the said Joseph Hall and to his heirs and assigns forever.

And whereas I have heretofore advanced unto my said son Joseph Hall a small sum of money, which it is my intention to give him, Now therefore I give and bequeath unto him the said Joseph Hall the said sum of money so as aforesaid heretofore advanced unto him, and do hereby release and fully, freely and absolutely discharge and acquit the said Joseph Hall of and from all and every obligation, Mortgage, bond, bill, Note or book account in any wise touching or securing the same.

And I also give and bequeath unto my said son Joseph Hall the sum of three hundred dollars to be made and collected from and out of a sale hereinafter directed to be made of the West half of my home farm in the town of Benton.

Seventh—I give and devise unto my son Jacob B. Hall and to his heirs and assigns all and singular a certain tract of land situate lying and being in the town of Gorham near Canandaigua, supposed to contain twenty-four acres of land, to have and to hold the same to him the said Jacob B. Hall and to his heirs and assigns forever.

And whereas I have heretofore advanced unto my said son Jacob B. Hall a certain sum of money, which it is my intention to give unto him, Now therefore I give and bequeath unto the said Jacob B. Hall the said sum of money so as aforesaid heretofore advanced unto him, and do hereby release and fully, freely and absolutely discharge and acquit the said Jacob B. Hall of and from all and every obligation, Mortgage, bond, bill, Note or book account in any wise touching or securing the same.

And I also give and bequeath unto my said son Jacob B. Hall the sum of two hundred and fifty dollars to be made and collected from and out of a sale hereinafter directed to be made of the West half of my home farm in the town of Benton.

Eighth—I give and devise unto my daughter Mary Whitaker and Stephen Whitaker her husband and to their heirs and assigns all and singular a certain tract of land supposed to contain one hundred acres of land, situate lying and being in the town of Jersey in the County of Steuben, to have and to hold the same unto them the said Mary Whitaker and Stephen Whitaker and to their heirs and assigns forever—

And whereas I have heretofore entered into an article of agreement in writing with a man of the name of Butler, but whose christian name I do not now recollect, for the sale of the said hundred acre tract to the said Butler upon certain conditions in the said article of Agreement contained and set forth: Now therefore, I do hereby order and appoint, and it is my express will and intention, that my executors hereinafter named shall pay unto the said Mary Whitaker and Stephen Whitaker all such sum and sums of money as are now due and owing or hereafter shall become due and owing from the said Butler by or on account of the said Article of agreement for the sale of said land, as fast as they the said executors shall collect and receive the same and that whenever the said Mary Whitaker and Stephen Whitaker shall have received the whole amount so due and to become due as aforesaid from the said Butler for said Land that then and in that case the said Mary Whitaker and Stephen Whitaker shall execute a deed of conveyance of the said land to the said Butler his heirs and assigns, according to the true intent and meaning of the said Article of agreement; but in case it shall so happen that the said Butler his heirs or assigns shall not pay unto my said executors, nor unto the said Mary Whitaker and Stephen Whitaker the said sum and sums of money so due and owing and hereafter to become due and owing in and by virtue of the said Article of Agreement according to the true intent and meaning thereof, then and in that case the said Mary Whitaker and Stephen Whitaker shall be exonerated and discharged from any obligation to execute a deed of conveyance for said land to the said Butler, or to his heirs or assigns. But they the said Mary Whitaker and Stephen Whitaker may in such case enter in and upon the said tract of land and the same have, hold, possess and enjoy in the same manner as I myself might or could lawfully do if living, at the time of default being made in the payment of the said sums of money as aforesaid.—

And I do also give and bequeath unto my said daughter Mary Whitaker the sum of five hundred dollars to be paid her by my daughter Catharine Bruen and Amzi Bruen her husband, at the time and in the manner hereinafter directed and appointed.—

Ninth I give and devise unto my daughter Catharine Bruen and Amzi Bruen her husband and to their heirs and assigns, the one equal east half of my home farm in the town of Benton, to have and to hold the same unto them the said Catharine Bruen and Amzi Bruen and to their heirs and assigns forever; upon this express condition nevertheless, that they said Catharine Bruen and Amzi Bruen shall pay unto the above named Mary Whitaker the sum of five hundred dollars, which shall become due and payable to her the said Mary Whitaker immediately on the receipt by the said Catharine Bruen and Amzi Bruen of the share of the said Catharine Bruen of and in the said sale of the West half of the said home farm in Benton herein after directed to be made, together with interest, on the said five hundred dollars to be computed from the end of one year from and after the decease of my said wife Sarah Hall, which said interest shall be paid immediately after the commencement thereof.

Tenth—It is my will and I hereby order and direct that my executors hereinafter named and appointed to wit, Moses Hall and Jacob B. Hall, shall sell the west half of my said home farm in the town of Benton, as soon as they may deem it expedient and proper, and within a reasonable time after the decease of my said wife Sarah Hall, and I do hereby authorize, appoint, substitute and empower my said executors to wit: the said Moses Hall and Jacob B. Hall, and the survivor of them, in case of the previous death of either of them, to execute and deliver unto the purchaser or purchasers of the said West half of my said home farm, good and sufficient deed or deeds in the law in fee simple for the same, hereby granting and declaring the said deed or deeds so to be executed as aforesaid to be valid in the law to all intents and purposes as if I myself had in my lifetime executed the same.

And I do furthermore will, order and direct that out of the monies arising from and out of the said sale of the west half of my said home farm, my said executors shall pay, first the two following legacies, that is to say, to the above named Joseph Hall the sum of three hundred dollars herein above bequeathed to him the said Joseph Hall; and to the above named Jacob B. Hall the sum of two hundred and fifty dollars herein above bequeathed to him the said Jacob B. Hall: And secondly that after those two legacies are paid, and my estate settled and the expences attending the settlement thereof fully paid, that then my said executors shall pay the remainder and residue of the said monies so arising as aforesaid from the sale of the West half of the said home farm, unto all my above named children to wit: Moses Hall, Rachel Hall, John Hall, Joseph Hall, Jacob B. Hall, Mary Whitaker and Catharine Bruen in equal proportions share and share alike to each of them.

Eleventh—I give and bequeath unto my Grandson Charles Hall son of Jacob Hall and Rachel Hall two hundred dollars to be paid, laid out and expended by my said executors for and in the support and education of the said Charles Hall and not otherwise; which two hundred dollars is to be collected out of the monies which may be and remain due and owing unto me at the time of my decease.

Twelfth—And as to all the residue of the monies which may so remain due and owing unto me as aforesaid, and also all the ready money on hand and all and singular my goods and chattels and personal estate of whatsoever name and nature which may remain at the said time of my decease, I give and bequeath the same and every part and parcel thereof to my said wife Sarah Hall as of her own proper goods and chattels without any reservation or limitation in any manner whatsoever.

Thirteenth—I do order and appoint, and hereby declare my express will and intention to be, that if any dispute, question or controversy shall be moved, arise or happen concerning any gift, devise, bequest, matter or thing in this will given, devised or bequeathed, expressed or continued, that then no suit or suits at law or in equity or otherwise shall be brought, commenced or prosecuted for or concerning the same, but that the same shall be referred wholly to the award, order and determination of my friends Henry Dwight, Gavin L. Nicholas and David Hudson all of the town of Seneca in the County of Ontario or any two of them; and that whatsoever they or any two of them shall order direct or determine therein shall be binding and conclusive to and upon all person and persons in any wise therein concerned.

And lastly—I do hereby appoint my two Sons Moses Hall and Jacob B. Hall Executors of this my last will and testament; hereby revoking all former wills by me made.—

In Witness whereof I have hereunto set my hand and seal on this twelfth day of September in the year of our Lord one thousand eight hundred and twenty one.—

John Hall L.S.

Signed sealed and published and declared by the above named John Hall, to be his last will and testament, in the presence of us who have hereunto subscribed our names as Witnesses in the presence of the Testator—

W.W. Watson

Perez Hastings Jr.

Joshua Gray

[22 June 1822

William W. Watson and Joshua Gray appear and swear to witnessing the above will, along with Perez Hastings Jr; proved by Ira Selby.]

Page 354

[28 December 1822

The will of Terry Owen is presented; administration granted to Charles Roberts, David Briggs and Joseph Hollowell.]

The last will and testament [of] Terry Owen of Milo in the county of Ontario.

I, Terry Owen, considering the uncertainty of this mortal life, and being of sound mind and memory (blessed be Almighty God for the same) do make and publish this my last will and testament, in manner and form following:— (that is to say):

First, I give bequeath and devise unto my beloved wife, Mary Owen my black horse, seven cows and forty-six sheep.

I further will, give, and devise unto my wife Mary Owen all that certain piece of land or farm, on which I now live; being one hundred and forty three acres of land, being parts of lots number thirteen and four in the town of Milo in the county of Ontario, during her natural life; and on her death I will and devise the above one hundred and forty-three unto my two sons Daniel Owen and Isaac Owen in common, and to their heirs and assigns forever, or unto the survivor of them forever.

I further will, give and devise unto my son Ira Owen, and to him and his heirs and assigns forever, one hundred acres of land, to be taken off of the northwest part of lot number six in the town of Milo, to begin at the north west corner of said lot and run near two hundred rods south on the road, thence east so far as to contain the said one hundred acres of land—and the same is devised unto my son Ira upon condition that he pay unto my executors the sum of one hundred dollars, within three years after he is of lawful age.

I further will, give and devise unto my son William Owen and his heirs and assigns forever, forty-one acres of land to be taken off of the southeast part of lot number six in the town of Milo aforesaid, beginning at the southeast corner and run west to the big gulley on the line—and north and so to the place of beginning—to contain forty one acres of land.

I further will, give and devise unto my daughter Hannah Owen and to her heirs and assigns forever, fifty acres of land being the equal undivided one half of one hundred acres of land situate in lot number six in Milo, lying and being between the lands above devised to Ira and William, and bounded on the west by lands of John Jacway, on the east by George Nicholas.

I further will, give, bequeath and devise unto the children or issue (to wit, of Mary, Sally and John) of my daughter Julia (wife of Benjamin Rawalt) and unto the issue that she now has, or may hereafter have, and to their heirs and assigns forever, fifty acres of land lying in lot number six in the town of Milo aforesaid, and is situate between the premises above devised to Ira and William and bounded to the west by John Jacway and on the east by George Nicholas.

But my express will is, and the above devise is made subject to the following charge upon the premises last above devised, that is to say—My executors hereinafter named are hereby directed to let unto my said daughter, or if they think proper, unto her husband, the lot of fifty acres last above devised, for any term of years not to exceed her natural life, free from all rent and charge—or if my said executors should judge it not right or proper, or not for the good and comfort and wellfare of my said daughter Julia, to rent out the above lot to her or her husband, or if they should so rent the same to her or him, and they should have the possession of the said lot, then I order my said executors or a major part of them, to rent out the said lot and to pay out unto my said daughter Julia, a sum equivalent in amount to the rent which they shall receive for the use as aforesaid unto her, during her natural life—and in case she should die before the said Mary, Sally or John, or issue that she may hereafter have, shall be of age, then my executors or any two of them shall pay over the use or rent of the said lot aforesaid unto such issue or the survivor of them, or their heirs then living.

I further will, give and devise unto my son Nathaniel Owen and to his heirs and assigns forever, eighty five acres in lot number seven in Milo being eighty five acres in which he is in possession of forever, and also fifteen acres in the same lot in his possession forever upon condition he pay to my executors within one year from my death the just sum of two hundred dollars.

I further will, order and declare that the bequest and devise first above made unto my wife Mary and unto my sons Isaac and Daniel, is made to them, or the longest liver of them, or their heirs or assigns, upon the express condition and not otherwise:--and that condition is that they pay unto my daughter Mariah the sum of four hundred dollars free and clear when she comes to the age of eighteen years. and I do hereby make the said sum of four hundred dollars a charge on the said land—and my executors are hereby directed to collect and pay the above legacy to my said daughter Mariah when she comes of age as aforesaid, and my said executors receipt shall be a full discharge to them or the survivors of them—and further, if the said sum of four hundred dollars is not paid to my said daughter, or to my said executors, and a receipt to be by them given for the same, then my further will and devise is as to the said one hundred and forty-three acres, that my said daughter Mariah shall be a tenant in common to the amount of this legacy of four hundred dollars.

I further will, give and bequeath unto my son Jonathan Owen to be paid [by] by executors in five years after my death—and my further will and direct my executors to pay unto my son William one hundred dollars when the same is collected from Ira—and my executors are requested and directed to take the charge of all debts due me and pay the same out on debts that I owe, and soon as possible after my death; and if there should be any money or property remaining after paying all my just debts, then the same they are directed to pay over unto my wife Mary—and the amount due from Jonathan my son, and from all or any of the above persons mentioned as having any sum to pay to my said estate, they are directed to collect the same when due—and in case my said son Nathaniel does not pay the said two hundred dollars above mentioned within the time above mentioned, then and in that case I do hereby direct & empower my said executors to sell and convey the same to assist in the payment of my just debts.

And I do hereby nominate and appoint and do make Charles Roberts, David Briggs and Joseph Hollowell executors to this my last will and testament.

And lastly as to all the rest, residue and remainder of my personal estate, goods and chattels of whatever kind and nature soever, I give and bequeath unto my beloved wife Mary—hereby revoking all former wills by me made.

In witness whereunto I have set my hand and seal this thirteenth day of June in the year of our Lord one thousand eight hundred and twenty-two.

Signed, sealed, published & declared by the above named Terry Owen to be his last will and testament, in the presence of us who have hereunto subscribed our names as witnesses, in the presence of the testator.

Wm. M. Oliver Terry Owen (seal)

Charles Roberts

Jephthah F. Randolph

[28 December 1822

Charles Roberts appears and swears to witnessing the will, along with William M. Oliver and Jeptha F. Randolph; proved by Ira Selby]