WILL: Samuel A. Wallis; Puteney, Steuben Co., NY
surname: Wallis, Stoddard

submitted by Judy Hull (mmmh@voyager.net)
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Transcribed from SAMPUBCO copy by Judy Hull
 
Steuben Co NY Will Book Vol. 7 page 241

                                        SURROGATE'S COURT

In the matter of Proving the last Will and Testament of

Samuel A. Wallis Deceased.

On the 29th day of January 1859

Mercy Wallis, a deviser and named in a certain instrument in writing
purporting to be the last Will and Testament of Samuel A. Wallis late of
Pulteney in said County, deceased applied in this court to have the said
instrument, which relates to Real and personal estate proved as the last Will
and Testament of the said deceased: and thereupon the Surrogate of said county
did ascertain, by satisfactory evidence, the facts required by law; and did
issue a Citation in due form of law, directed to the proper persons, by their
respective names and stating their places of residence, requiring them to
appear before him, at the court house at Bath in the town of Bath in said
county, on the 21 day of March 1859 to attend the probate of the said
instrument. And afterwards, to wit, on the day and at the place last
aforesaid, due proof by affidavit was produced and filed in said court of the
service of the said Citation, in the mode prescribed by law; and the said
applicant appeared in person. Also Myron Wallis one of the heirs next of kin,
and the son of said will was there on said 21 day of March 1859 taken in part,
and continued till the 8th day of April 1859 to complete the same and no other
parties or persons appearing, such proceedings were thereupon afterwards had,
on the said eighth day of April 1859 that said surrogate took the proof in
support of the said instrument, as follows: 

Steuben County Surrogates Court In the matter of proving the last will and
testament

Samuel A. Wallis deceased

Steuben County, ss. Owen Riley Jr. and Sabria E. Northrup both of the town of
Pulteney

In said county witnesses produced in this matter, being duly sworn and
examined before David McMaster Surrogate of said county, depose and say that
they were acquainted with Samuel A. Wallis late of Pulteney in said County,
now deceased, and that they are subscribing witnesses to the last Will and
Testament of said deceased. And deponents further say that the said testator
did, in the presence of these deponents and each of them subscribe his name at
the end of the instrument which is now here exhibited to deponents, and which
bears date on the thirty first day of Aug in the year of our Lord one thousand
eight hundred and fifty eight. And deponents further say that the testator
did, at the time of his subscribing his name as aforesaid, at the end of said
Will, declare the same to be his last Will and Testament; and deponents and
each of them did thereupon subscribe their names at the end of said Will, as
attesting witnesses thereto, in the presence and at the request of said
testator. And deponents further say that at the time the said testator
subscribed his name to the Will as aforesaid, and at the time of these
deponents subscribing their names as attesting witnesses thereto, said
testator was of sound mind and memory, of full age to execute a Will, and not
under any restraint. And that said Will now appears in all respects as when so
executed, without any alteration whatsoever.

Subscribed and Sworn this 21 day signed by Owen Riley Jr.

Of March 1859, before me Sabria E. Northrup

Owen Riley Jr. and on the ith day

Of April 1859 by the said Sabria E. Northrup surrogate

The foregoing proofs and examinations were taken before the surrogate
aforesaid, on the 8th day of April 1859, and the deposition of the respective
witnesses were by them severally subscribed, after having been carefully read
over to them. And the said Surrogate being satisfied upon the proof taken,
that the Will is genuine and valid, and was duly executed; and that the said
testator, at the time of executing the same was in all respects competent to
devise real estate and not under restraint, doth therefore allow the said
Will, proofs and examinations to be recorded.

                                                                      
Witness: David McMaster Surrogate

Of the County of Steuben at the court house at Bath in said County

                                                                              
The 8th day of April 1859

                                                                          
Signed D McMaster Surrogate

Pg.242 hand written

The last will and testament of Samuel A. Wallis of the town of Pulteney County
of Steuben and State of New York. I Samuel A. Wallis being of sound and
disposing mind and memory, do make publish and declare this my last will and
testament as follows;

Firstly. I give and bequeath to Mercy Stoddard now Mercy Wallis, the entire
use and accupancy free from molestation or hindrance of any one, the following
described premises (towit) are of lot number fourteen in the north part of the
town of Pulteney, county of Steuben, always excepting and ______________ ,
between forty four and forty five acres of the north east part of said lot, as
hers to use and to James Pierce, for and during her natural life and no
longer.

Secondly, After the decease of the said Mercy Stoddard now Mercy Wallis, I do
give and devise to my son Willard Wallis, his heirs and assigns, all that
tract or parcel of land, situated in the north part of the town of Pulteney,
county of Steuben and being all of lot number fourteen, always excepting and
__________ between forty four and forty five acres off of the north east part
of said lot, as heretofore described James Pierce, together with all the
hereditance and appertenances thereunto belonging or in any wise appertaining,
to have and hold the premises above described to the said Willard Wallis his
heirs and assigns forever - And 

Thirdly, I give and bequeath all my personal estate goods and cattel of what
nature or kind to said Mercy Stoddard, now Mercy Wallis with the exception of
three hundred dollars of the same which I give and bequeath to my said son
Willard Wallis, after the decease for the said Mercy Stoddard now Mercy
Wallis, and not until then. And 

Lastly, I do hereby nominate constitute and appoint Elisha Doubleday, sole
executor of this my last will and testament, hereby evoking all former wills
by me made.

In witness whereof I have hereunto set my hand and seal this thirty first day
of July in the year of our Lord one thousand eight hundred and fifty eight

S. A. Wallis (seal)

The above instrument was signed sealed published and declared by the testator
Samuel A. Wallis to be his last will and testament in the presence of us who
at his request and in his presence, and in the presence of each other signed
our names as witnesses thereto

Owen Riley Jr. Pulteney Steuben Co.

Sabria E. Northrup Pulteney Steuben Co.