WILL: Nicholas Blish;  Middletown, Delaware co., NY 
surname: Blish, Whipple

submitted by Sue Olson (rjo723 @ charter.net) 
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Submitted Date: March 11, 2004
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Source: Transcribed From Sampubco Copy 
Delaware Co., NY Will Book Vol. I, Page 312
Written: May 20 1877
Probated: 15 August 1877

Be it remembered that a Surrogates Court held at the Surrogates Office in
Delhi in and for the County of Delaware on the 3rd day of September 1877 the
last will and testament of Nicholas Blish Middletown in the County of Delaware
deceased was duly proven before Edwin D. Wagner Surrogate of said county and
was by said surrogate adjudged valid and established as a will of real and
personal estate and the same together with the proof and examination taken on
the probate thereof and pursuant to an order of said surrogate here recorded
to wit.

     Know all men by these   That I Nicholas Blish of the town of Middletown
Delaware County New York a farmer being in ill health and of sound mind and
disposing memory doth make and publish this my last Will and testament hereby
revoking all former wills at any time hereto before made by me or directed so
to be.

     And as to my worldly estate and all my property real and personal or
mixed of which I shall die seized or possessed or in which I shall be entitled
to at the time of my decease.  I devise and dispose of as follows, my will is
that all my just debts and funeral expenses shall be paid out of my estate as
own after my decease as any Executor or Executors can conveniently do so.

     Item     I give devise and bequeath to my beloved wife Charlotte Blish
one thousand dollars in Lieu of Dower for her support and maintenance during
her natural life to be advanced to her by my Executor herein after named as
required for use and benefit from time to time as needs be in sickness or
health.  Should she not use the whole amount of said one thousand dollars the
balance or remainder if any I hereby will give and devise, so my son John
Blish, to him his heirs and assigns forever I also will and devise to my said
wife one hundred dollars worth of personal property that is in household
furniture she having the right to select the same. Should the parties fail to
agree on the price of said furniture then and in that case John Kelly the
writer of this will is to appraise the same to the amount of one hundred
dollars, as above stated, and I hereby will and give said furniture to her for
her and her heirs and assigns forever.

     Item     I give and bequeath to my daughter Mary who is now the wife of
Mr. Daniel Whipple, and goes by the name of Dan Whipple the sum of one hundred
dollars to be paid in eight years following decease without interest thereon.

     Item     I give and bequeath to my son Silas Blish one third of the
undivided part of my fifty acre wood lot on Hogg Mountain so called to him his
heirs and assigns forever.

     Item      I also give and bequeath to my son Silas Blish one third of
the hemlock timber now standing or growing on my homestead farm for his use
and benefit.  I further order that my son James Blish for considerations
herein after stated is to saw and cut in lumber the above mentioned timber
free of charge as soon as convenient after said timber is placed at the mill
ready for sawing but in case said mill is out of repair then and in that case
Silas Blish above mentioned must help to build or repair   if necessary.  Said
James Blish will be excused from sawing said logs if not requested so to do
while the mill is capable of sawing from decay, long standing or mill   down,
he is also excused from sawing lumber.

     Item     I give and bequeath to my son James Blish the one third
undivided part of my fifty acre wood lot on Hog Mountain to him his heirs or
assigns forever.  I also give and bequeath to my son James Blish one third of
all the hemlock timber now standing or growing on my homestead farm for his
use and benefit and his heirs and assigns.  I also give and bequeath to said
James Blish  my saw mill which is now standing on my homestead farm and all
fixtures thereto belonging to his heirs and assigns forever with the land and
in addition a right of way to said mill to himself his heirs and assigns
forever.

     Item     Lastly I give and bequeath to my son John Blish the one third
undivided part of my wood lot not disposed of to my other two sons to him his
heirs and assigns forever.

     Item     I order that if in case my sons can't themselves agree on the
division of the wood lot or the hemlock timber as stated hereto before in the
will John Kelly the writer of this will must divide the same which will be
final and conclusive, as between my sons Silas Blish, James Blish, and John
Blish or their heirs.

     Item     I give to my son John Blish and bequeath to him all my real
estate not otherwise disposed of which includes my homestead farm or any lands
I might at my decease to him his heirs and assigns forever all lands wherever
the same may be situated also all my personal estate of whatever name or
nature goods chattels of various descriptions on my farm or elsewhere.  All
stock tools fixtures not herein before disposed of mixed or personal to him
his heirs and assigns forever, meaning all my personal estate which I have not
disposed of by will that I may own at the time of my decease.

     But I order and direct that my son John Blish shall pay all my just
debts encumbrances on real estate legacies mentioned in this will and settle
all my worldly business out of the  . this will the balance whatever the   may
be to him his heirs and assigns forever.

     Lastly I do   appoint my two sons, James Blish and John Blish to be the
Executors of and to this my last will and testament, which will on one sheet
of paper only. 

     In testimony whereof I the said Nicholas Blish   to this my last will
and testament subscribed my name and affixed my seal this the 20th day of May
one thousand eight hundred and seventy seven.

     Will now   to Mr. Blish and he directs me to add the following I further
order and will that my Executors shall not sell the lumber or timber or
firewood of the place for years only to keep it for the use of the old
homestead farm neither shall they sell any part of the old homestead farm for
years to come.

     In witness whereof I have hereunto set my hand and seal the twentieth
day of May one thousand eight hundred and seventy seven.              
Nicholas [His Mark]
Blish
John Kelly witness to mark
At his request I sign Nicholas Blish

     The foregoing instrument consisting of one sheet was now at the date
hereof declared to me by the testator in the presence of each of us, he
Nicholas Blish, declared by him to be his last will and testament and we at
his request sign our names hereto as attesting witnesses.                      
     John Kelly of Middletown Delaware County
     William Kelly of Middletown Delaware County

Delaware County Surrogates Court
In the matter of the Probate of the
last will and testament of Nicholas
Blish late of said county deceased      Delaware County
as a will of real & personal estate

     John Kelly of the town of Middletown in the County of Delaware being
sworn deposes that he saw the above named Nicholas Blish late of the town of
Middletown in the County of Delaware deceased subscribe and execute the
instrument shown him and which  purports to the last will and testament of the
said Nicholas Blish and bears date the 20th day of May 1877 and that he knew
the heard the said Nicholas Blish declare the same to his last will and
testament and that he this deponent together with William Kelly the other
subscribing which subscribed his name as a witness to said instrument at his
request and at the time thereof the said Nicholas Blish was of sound mind and
memory of full age to make said will and not under any restraint.
Sworn & subscribed before me
this 3rd day of September 1877.    John Kelly
  Edwin D. Wagner Surrogate

Delaware County Surrogates Court
In the matter of the probate of the
last will and testament of Nicholas
Blish late of said county deceased Delaware County
as a will of real & personal estate

     William Kelly of the town of Middletown in the County of Delaware being
sworn deposes that he saw the above named Nicholas Blish late of the town of
Middletown in the County of Delaware deceased to subscribe and execute the
instrument shown him and which purports to be the last will and testament of
the said Nicholas Blish and bears date the 20th day of May 1877 and that he
heard the said Nicholas Blish declare the same to be his last will and
testament and that he this deponent together with John Kelly the other
subscribing witness subscribed his name as a witness to said instrument at his
request and at the time thereof the said Nicholas Blish was of sound mind and
memory of full age to make said will and not under any restraint.
Sworn & subscribed before
Me this 3rd day of September 1877. William Kelly
   Edwin D. Wagner Surrogate

Surrogates Court Delaware County
In the matter of the will
of Nicholas Blish deceased         

     I James Blish names as an Executor in the will of the above named
deceased do hereby renounce the appointment as such Executor.
Dated Middletown August 15th 1877       James Blish
D. D. Redmond Witness
George O. Kelly Witness
County of Delaware.  

     On this 15th day of August 1877 personally appoint before me a Justice
of the Peace of said county James Blish to me known as the proven
descendant in and who executed the foregoing instrument and who duly
acknowledged the execution thereof for the purposes therein mentioned.
                         John Kelly Justice of the Peace

     I Edwin D. Wagner Surrogate of the County of Delaware do hereby certify
that the foregoing is a correct copy of the whole of the probate of the last
will and testament of Nicholas Blish deceased together with the proofs and
examinations taken as the probate thereof, and also the renunciation of James
Blish one of the Executors named in said will.