Allegany County ,Angelica NyArchives Wills.....Simons, David May 16, 1860 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Gary Simons gsimons@bellsouth.net May 25, 2012, 4:10 pm Source: Sampubco Written: May 16, 1860 Recorded: January 28, 1861 Record of the will of David Simons. I David Simons of the town of Angelica county of Allegany state of New York being of sound mind and memory do make, publish and declare this my last will and testament in manner following that is to say First. Shall my executor herein named out of my estate pay and discharge in full all my just debts and all funeral expenses and charges and enact and pay for a suitable monument where my remains shall repose. Second. I give and bequeath to my son John C Simons the sum of one hundred dollars. Third. I give and bequeath to May Simons wife of my son Samual C Simons the sum of one hundred and fifty dollars. Fourth. I give and bequeath to my son Henry L Simons the sum of one hundred dollars. Fifth. I give and bequeath to my daughter Delia Campbell wife of Paul Campbell my vunear(sp?) one bed, bedstead and bedding for same being the same I now use in the house now occupied by the widow and family of my deceased son William B. Simons and I also give and devise to my said daughter Delia Campbell her kin and assigns forever a parcel of land of about three fourths of an acre being in the valley of Angelica and adjoining the land on which she now lives and resides. Sixth . I give and bequeath to Adaline Simons the widow of my deceased son William B Simons the sum of one hundred dollars Seventh. After the payment of the aforesaid legacies I give bequeath and devise to my son Charles S Simons all the rest and residue of my property real and personal of every name and mature wheresoever the same may be. The payment of the legacies herein specified are hereby charged upon the lands devised to my son Charles S Simons. And it is my will that any and all debts due or to grow due to me from any or either of the legacies or devises herein named shall be paid and nothing herein contained shall be deemed a release or discharge of the same. And it is further my will that all debts and demands due or to grow due from me to any or either of the legacies or devises herein mentioned shall be paid by my executor out of my estate. And lastly: I nominate and appoint my son Charles S Simons and Daniel D Gardiner executors of this my last will testament hereby revoking all former wills by me made . In witness where of I have here unto set my hand and seal at Angelica this 16th day of May 1860. David Simons The above instrument consisting of three pages including this page and one sheet was on the date thereof signed sealed published and declared by the said David Simons as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witness thereto. Smith Davis Angelica NY Z A Trendall Angelica NY Allegany Surrogate Court In the matter of proving the last will and testament of David Simons Deceased. Allegany County S. S. Zebedee A Trendall of the town of Angelica in the county of Allegany being duly sworn and examined doth depose and say that he this deponent was well acquainted with David Simons late of the town of Angelica in the county of Allegany deceased. That this deponent as a witness and did see the said David Simons subscribe at the instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing data the 16th day of May in the year of our Lord one thousand Eight hundred and sixty. That the said testator at the same time declared the instrument so subscribed by him to be his last will and testament. That there upon this deponent and Smith Davis subscribed their names at the end of as witnesses thereto at the request of the testator in his presence and that the said testator at the time of execution and publishing the said last will and testament was of full age and of sound mind and memory not under restraint and was in all respects competent to make a last will and testament. Swarn this 28th day of January 1861 before me W Hatch Suragate. Zebedee A Trendall Allegany Surrogate Court In the matter of proving the last will and testament of David Simons Deceased. Allegany County S. S. Smith Davis of the town of Angelica in the county of Allegany being duly sworn and examined doth depose and say that he this deponent was well acquainted with David Simons late of the town of Angelica in the county of Allegany deceased. That this deponent as a witness and did see the said David Simons subscribe at the instrument now produced and shown to this deponent purporting to be the last will and testament of the said deceased bearing data the 16th day of May in the year of our Lord one thousand Eight hundred and sixty. That the said testator at the same time declared the instrument so subscribed by him to be his last will and testament. That there upon this deponent and Zebedee A Trendall subscribed their names at the end of as witnesses thereto at the request of the testator in his presence and that the said testator at the time of execution and publishing the said last will and testament was of full age and of sound mind and memory not under restraint and was in all respects competent to make a last will and testament. Swarn this 28th day of January 1861 before me W Hatch Suragate. Smith Davis Allegany County S. S. I appearing upon the proof duly take in respect to the last will and testament of David Simons late of the town of Angelica deceased, that the said will was duly executed and that the said David Simons at the time he executed the same was in all respects competent to devise real estate and not under restraint the said last will and testament. The said proof and examinations are hereby recorded signed and certified by me pursuant to the provisions of the Revised Statutes this 28th day of January in the year of our Lord one thousand eight hundred and sixty one. Wolcott Hatch Surogate This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.5 Kb