Will
of Nathaniel Gay, Preble,
Submitted Margaret Gay Williams
Proof of the Will of Nathaniel Gay
At a surrogate court held at the surrogates office in the town of Homer in
and for the County of Cortland on the thirteenth day of October 1834 before
Townsend Ross, Surrogate of said County, for the purpose of proving the last
will and testament of Nathaniel Gay, late of the town of Preble in said
County deceased that the same may be recorded as a will of real and personal
property and that letters testamentary thereupon on the application of Mary
Gay, widow of the said Nathaniel Gay, deceased, and executrix in said will
named at which time and place aforesaid the said Mary in her own proper
person appeared and also number of the heirs of the said Nathaniel Gay
deceased and a renunciation of Jacob J Van Hosen an executor in the said
will of the said Nathaniel Gay deceased named by which the said Jacob J Van
Hosen renounced all right of serving as executor in said will and wished the
said will proved and recorded. No objection being made - whereupon the said
Mary proved the due service of the notices and citations on the heirs at law
of the said Nathaniel Gay to attend the proving the said will at the time
and place aforesaid. It was also proved that the said Nathaniel Gay was a
resident of the town of
life in said County and left personal property in said County and that Mary
Gay had the custody of said will until delivered the surrogate. It was
further proved at the time and place last aforesaid by Jabez
B Philips,
Jehial Webster and John W Coop the subscribing
witnesses to the said will
that they subscribed their names as witnesses to an instrument in writing
which was produced in court and shown there to each of them and which
purported to be the last will and testament of Nathaniel Gay deceased
bearing date the thirteenth day of September one thousand eight hundred and
twenty eight that they heard the said Nathaniel Gay declare the same to be
his last will and testament and that each of them did subscribe their names
as witnesses thereto at the request of the said Nathaniel Gay and further
that at the time thereof the said Nathaniel Gay was of sound mind and memory
of full age and not under any restraint. The foregoing proofs and
examinations taken before me the surrogate aforesaid at the time and place
aforesaid and the depositions of the respective witnesses were by them
respectively subscribed after having been carefully read over to them and I
the surrogate being satisfied upon the proof taken that the said will was
duly executed that the said testator at the time of executing the same was
in all respects competent to make the same and not under any restraint I the
surrogate aforesaid do allow said will to be recorded - I do therefore order
that letters testamentary ____ thereon witness Townsend Ross Surrogate
aforesaid the day and year first aforesaid.
The last will and testament of Nathaniel Gay
In the name of God, Amen. I, Nathaniel Gay, of Preble
in the County of
Cortland and State of New York, viewing the certainty of death and being of
advanced age and infirm in body of a sound mind and memory blessed be
Almighty God for the same do make this my last will and testament in form
following, to wit, I commit my soul to God believing in the Lord Jesus
Christ and in hope of a blessed immortality and my body to the dust to
buried in a decent Christian manner, and as respect my earthy effects which
it has pleased God to bestow on me and shall remain at my decease. I give as
follows –
First, I give to my bellowed wife Mary, all my real and personal property so
long as she remains my widow or lives in a single state and it is my will
that my three youngest boys to wit, John, Robert M. and Albert shall work
the farm and have one-half the product of the same. And whenever she, the
said Mary, remarried or at her decease, then it is my will and I hereby give
and bequeath all my personal to the above named three boys and likewise all
my real estate to a farm on Lot No. Sixty Five in Preble containing one
hundred and nineteen acres more or less not be divided between them until my
youngest son shall arrive at the age of twenty one years and then each
retaining equal shares in the property, the farm aforesaid, is to be and I
do hereby declare it to be the property of the said John, Robert M. &
Albert
subject to the bequest here before made to my wife Mary as aforesaid and I
do hereby order and direct that the three boys as above mentioned pay the
following legacies to wit to my son Thomas - fifty dollars, to my son
William one hundred dollars one half in grain or real stock and the other
half in money to be paid in three years after the property comes into their
hands by the marriage or decease of their mother & I do hereby order the
said boys to pay to their sisters to wit, Comfort, Catherine, & Ity each one
good cow whenever they or either of them want them after one year after my
decease and the said girls Comfort, Catherine, and Ity
must be paid in
household furniture as much as I gave either of my daughters which are
married, or of my household furniture now on hand and at the decease of my
wife it is my will that all the household furniture that shall remain shall
be equally divided between my five daughters to wit, Rebey,
Comfort, Amy,
Catherine and Ity to be divided by them - and I
further order that no
interest is to be due on any legacy until said legacy becomes due then if
not paid to draw interest until payed - & further
I order that all my just
and lawful debts and funeral charges be paid by my executors hereafter named
out of the personal property _ & I hereby appoint my wife Mary & my
son-in -law Jacob J Van Hosen joint executors of this my last will and
testament - & I do further order that my three daughters that are unmarried
are to remain and live with their mother if they chose until such time as
they get married & further I hereby order my three youngest sons to wit,
John, Robert M, and Albert to pay forty dollars to each of my five daughters
one-half in grain or meat stock and the other half in money in four years
after the property comes into their hands by the marriage or death of the
mother but not interest until the legacy is due hereby revoking all former
wills by me made & declares this to be my last will and testament this
thirteenth day of September in the year of our Lord one thousand eight
hundred and twenty-eight. Nathaniel Gay S.S. Signed Sealed and declared by
the above named Nathaniel Gay in presence of us and declared the same as his
last will and testament in our hearing and presence and me having signed the
same as witness in presence of each other and in the presence of the
testators.
Jabez B. Phelps, Jehial
Webster, John M. Coop
Source: sampubco.com
Cortland County Will Book Volume A, Pg 41
Written:
Recorded:
© Copyrighted 1999-2006, Nancy Gay Crawford