Miscellaneous notes:

Will of Luther Gay, Washington, Dutchess Cty, NY June 6, 1821

Submitted by Margaret Williams

Record of the Last Will And Testament of Luther Gay deceased proved and
recorded as a will of real & personal estate before Edmond N. Pendleton Esq,
First Judge of the county of Dutchess acting as surrogate of said county
this seventeenth day of September one thousand eight hundred thirty two.

The Last Will and Testament of Luther Gay of the town of Washington,
Dutchess County.

I Luther Gay 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 to my
beloved wife Rebecca all my personal property and effects of every kind and
description.

Item. I give devise and bequeath to my said Beloved Wife Rebecca all my
personal property and effects of every kind and description.

Item. I give, devise and bequeath to my said Beloved Wife Rebecca and to her
heirs forever the one equal half part of all my real estate in fee simple.

Item. I give devise and bequeath to my said beloved wife Rebecca during her
life the full use improvement and enjoyment of all the rent residue and
remaining part of my real estate.

Item. Upon and after the death of my said wife I give devise and bequeath
the one half of my real estate of which my said wife is to have the use
during her life as above directed to my brothers and sisters and their heirs
in fee simple forever in equal shares & proportions that is to say - To
Edward Gay of Franklin in Delaware County and to his heirs forever the equal
one-eighth part thereof. To Calvin Gay of Sharon, Connecticut, and to his
heirs forever, the equal one-eighth part thereof. To John B. Gay, of
Pleasant Valley and to his heirs forever, the equal one-eighth part thereof.
To Electa Pardy of Sharon Connecticut, the wife of Isaac Pardy, and to her
heirs forever, the equal one-eighth part thereof. To Margaret Barnum, wife
of Thomas L. Barnum of the City of New York, and to her heirs forever, the
equal one-eighth part thereof. To Lucy Gay of Sharon, Connecticut and her
heirs forever the equal one-eighth part thereof. To Eliza Elmore, wife of
James T. Elmore of Ulster County and to her heirs forever the equal
one-eighth part thereof and to Lucretia Gage, wife of Doctor Samuel R. Gage
of Sharon Connecticut and to her heirs forever the remaining equal
one-eighth part thereof.

Item. I do further order and direct and my will is that in case of the death
of either or any of my said brothers and sisters before they would be
entitled to the devise herein given them that then & in such case the child
or children of such deceased brother or sister shall have and hold in fee
simple forever the share as hereinabove devised and bequeathed to the parent
of such child or children respectively if such brother or sister should die
leaving issue and if such brother or sister should die without issue, then
the share of such brother or sister so dying without issue shall go to the
other brothers and sisters and their heirs and to the children of such
others as may be deceased the children always taking the share of the parent
who may be deceased. And I hereby constitute and appoint my aforesaid
beloved wife Rebecca executrix and her brother Freeborn G ___ of Skaneateles
and my aforesaid brother Calvin Gay executors of this my last will and
testament hereby revoking all previous wills by me heretofore made.

Luther Gay (S.S.)

In witness whereof I have hereunto set my hand and seal the sixth day of
June 1821. Signed, sealed, published and declared by the above named Luther
Gay 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

James Hooker
E. Willoughby
Wm Henry Butkley

State of New York, Dutchess Surrogate Court before the first judge of
Dutchess acting as surrogate in the matter of proving the Last Will &
Testament of Luther Gay, deceased.
Dutchess County, James Hooker of Poughkeepsie in said County being duly
sworn & examined doth depose and say that the deponent was well acquainted
with Luther Gay, late of this town of Washington in the County of Dutchess,
deceased. That this deponent was present as a witness and did see the said
Luther Gay subscribe at the end thereof the instrument now produced & shown
to the deponent purporting to be the Last Will & Testament of the said
deceased bearing date the sixth day of June in the year of our Lord one
thousand eight hundred twenty-one. That the said testator at the same time
declared the instrument subscribed by him to be his Last Will & Testament
that thereupon the deponent & William H. Butkley & Elijah Willoughby
severally subscribed their names at the end thereof as witnesses thereto at
the request of the said testator in the presence of that said testator at
the time of executing & publishing said Last Will & Testament was of full
age of sound mind memory and not under any restraint that said Elijah
Willoughby one of the said subscribing witnesses has since deposed this ___
____ first named subscribed as a witness to said will was subscribed by him
in his own proper hand writing Upon this 17th day of September 1832 before
me, Edmond H Pendleton, first judge, DC .

James Hooker (S)

State of New York Dutchess Surrogate Court before the first judge of
Dutchess acting as surrogate in the matter of proving the Last Will &
Testament of Luther Gay deceased. Dutchess County, William H. Buckley now of
the city of New York but formerly of Poughkeepsie in Dutchess County being
duly sworn & examined doth depose & say that he deponent was well acquainted
with Luther Gay late of the town of Washington in the County of Dutchess
deceased. That this deponent was present as a witness & did see the same
Luther Gay subscribe , _____ affirm and acknowledge that he did subscribe at
the end of the instrument now produced ____ with the deponent purporting to
be the Last Will & Testament of the said deceased bearing date the sixth day
of June in the year of our Lord one thousand eight hundred twenty one that
the said testator at the same time declared the instrument subscribed by him
to be his Last Will & Testament that thereinfore the deponent and Elijah
Willoughby & James Hooker severally subscribed their names at the end
thereof as witnesses thereto at the request of the testator in his presence
& that said testator at the time of executing & publishing said last will &
testament was of full age of sound mind & memory and not under any restraint
that said Elijah Willoughby one of said subscribing witnesses has since
deposed this _____ his name subscribed and which said will was subscribed by
him under his own proper hand writing and sworn this 17th day of September
1832.

William H Buckley (S)

Before me, Edmond H. Pendleton, First Judge, DC

Dutchess County Surrogate Office Recorded the preceding Last Will &
Testament of Luther Gay dec. together with the proofs ____ is taken ____ as
the Last Will and Testament of the real & personal Estate of said dec. which
Record is hereby signed & certified by me pursuant to the provisions of the
____ statues this seventeenth day of September one thousand eight hundred
thirty two.

Edmond H. Pendleton
First Judge Acting as Surrogate

Source: Sampubco.com
Dutchess County NY Will Book Volume I, page 217
Written: June 6, 1821
Recorded: September 17, 1832