John SAYRE Sr., 1767-1848
Temperance SAYRE, 1809-1865
James WATRUS, 1772-1841
Elizabeth (Minor) PACK, 1783-1875
SURROGATES Court - Seneca County.
Last Will and Testament of Elizabeth PACK Deceased.
Be it remembered, that heretofore, to wit: on the 22d day of May in the year of our Lord one thousand eight hundred and seventy five Henry M. PACK the executor named in the last Will and Testament of Elizabeth PACK late of the town of Ovid in the County of Seneca, deceased, appeared in open Court, before the Surrogate of the County of Seneca, and made application to have the said last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said Testator, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin of said deceased, by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate, at his office in the village of Seneca Falls in said County, on the 12th day of July, A.D., 1875, to attend the Probate of said Will, and this matter having been adjourned and antmove[?] till the Second day of August 1875
And afterwards, to wit: on the Second day of August A.D., 1875, satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law, and on that day no one appearing to oppose the probate of such Will, such proceedings were thereupon had in said Court, afterwards that said Surrogate took the proofs of said Will, hereinafter set forth, upon the Second day of August 1875, and he thereupon adjudged the said Will to be a valid Will of Real and personal Estate, and proofs thereof to be sufficient, which said last Will and Testament and proofs are as follows, that is to say:
I Elizabeth PACK of the town of Ovid in the County of Seneca and State of New York being of sound mind and memory do make publish and declare this my last Will and Testament as follows
1st I give and bequeath to my son Henry M. PACK my house and lot in the said town of Ovid being part of lot no 31 in said town. the same which he now occupies forever on this paying of all debts of mine and funeral charges
2nd I give and bequeath my grand daughter Miss Elizabeth PACK the daughter of my son Henry M. PACK my bed and bedding belonging to the same.
3rd I give and bequeath the rest and residue of my personal property to my daughter Elizabeth BALDRICH [Sarah BALDRIDGE] and my daughter in law [Jane]Ann PACK wife of my son Henry to be divided between them equally share and share alike.
4th I hereby constitute and appoint my son Henry M. PACK Executor of this my last Will and testament hereby revoking all other wills heretofore made.
In Witness whereof I have hereto set my hand and seal this seventh day of October in the year of our Lord one thousand and eight eight hundred and seventy four.
Elizabeth PACK
The foregoing instrument on the day of the date thereof was subscribed by Elizabeth Pack the testator therein named in the presence of the undersigned. The said Elizabeth PACK at the time she so subscribed the said instrument declared the same to be her last will and testament and requested us to sign the same as attesting witnesses, we accordingly sign our names as such witnesses in her presence and in the presence of each other.
O. G. WHEELER, Romulus, Seneca Co. NY
James C. KNIGHT
Surrogate's Court
In the matter of Proving the last Will and Testament of Elizabeth PACK, Deceased.
Seneca County, ss.
James C. KNIGHT and Oscar G. WHEELER being first duly sworn in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of Elizabeth PACK late of the town of Ovid in the County of Seneca, and State of New York, deceased. And these deponents do further say that the said deceased, did, in the presence of each of these deponents, subscribe her name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the Seventh day of October one thousand eight hundred and seventy four......
And deponent KNIGHT for himself further says that he drew said will as dictated by the said deceased and after it was so drawn he read the same audibly and distinctly[?] to her and that she approved the same and therefore executed the same as aforesaid and that said will now remains in all respects _____. ___ at the request of the deceased deponent esteemed[?] ______ of said will and held the same till after the death of the testatrix.
O. G. WHEELER
James C. KNIGHT
Subscribed and sworn before me this 2. day of August 1875
G. WILCOXEN, Surrogate
Seneca County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Elizabeth PACK, late of the town of Ovid, in the county of Seneca, and State of New York, that the said Will was duly executed, and that the said Elizabeth PACK deceased, 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 and the proofs and examinations, are hereby recorded, signed and certified by me, pursuant to the provisions of the Revised Statutes, this Second day of August 1875.
G. WILCOXEN Surrogate
John Sayre Sr., 1767-1848
Will of John SAYRE, Seneca Co. NY
Be it remembered that heretofore to wit on the twenty eighth day of March 1848, Edward SAYRE one of the Executors named in the Last Will and testament of John SAYRE, late of Romulus in the county of Seneca, deceased, appeared in open court before the Surrogate of the County of Seneca, and made application to have the said Last Will and testament, which relates to both real and personal Estate, proved; and on Such application the Surrogate did ascertain by satisfactory proof who were the widow, heirs and next of kin of the said deceased, and their respective residences; that is to say Sally SAYRE, widow, Coe B SAYRE, Eliza MILLER & her husband Stephen R MILLER, Edward SAYRE, John SAYRE, Elizabeth GIDDINGS and her Husband William GIDDINGS, Susan S FINTON and her husband Jonas S FINTON, all of Romulus in the County of Seneca, N.Y. Emma CARPENTER & her husband Jesse CARPENTER of Elmira Chemung County N.Y. Ann GULIC & her husband Samuel GULIC of Lodi Seneca county N.Y. William S. SAYRE of Bainbridge Chenango County N.Y. and Lucy SIMPSON & her husband Lewis SIMPSON of Owasso, Siawasse County Michigan and it appearing that the said Susan S FINTON was a minor having no general guardian, a special guardian was appointed in due form of Law to take care of her interests in the matter of proving the said Will, by an order Entered for that purpose, by said Surrogate; and said Surrogate did thereupon issue a citation in due form of Law, directed to the said Widow, heirs and next of Kin, and Special guardian, by this respective names stating their respective places of residence, requiring them to appear at the office of said Surrogate in the Village of Waterloo in Said County, on the twenty Seventh day of April then next at 10 oClock in the fore noon of that day, and attend the probate of the said Will
And afterward to exit at the time and place last aforesaid, the said Edward SAYER again appeared and produced Satisfactory proof by affidavit of the due Service of Said Citation in the mode prescribed by Law on all of Said persons Except him, the said Edward and the said William S SAYER, and the said William then and there appeared, and waived said service and prayed the said Surrogate to proceed in the matter of proving the said will; and on that day, no one appearing to oppose such probate, such proceedings were had that the said Surrogate took the proof of the said Will which is hereinafter set forth; and he adjudged the said will to be a valid will of real and personal Estate and the proofs thereof to be sufficient; and that said Last Will and testament, and the proofs and Examination, taken in respect to the same, be recorded and that the said Last Will and testament be admitted to probate in which said Last Will and testament and proofs are as follows, that is to say.
I, John SAYRE of Romulus, Seneca County New York, being of sound mind and memory, do make and declare this my Last Will and testament in the following manner. Firstly I order and direct that my Executors hereinafter named, pay all my just debts and funeral charges, as soon after my decease as conveniently may be.
Secondly. I give and bequeath to my beloved wife, if she outlives me, the annual dividends of the bank Stock owned by me in the Bank of Geneva, as long as she lives, and such household furniture as she may choose to keep, as long as she lives.
Thirdly. I give and devise to my Son Coe B SAYRE during his life time, forty acres of Land on the north side of the farm on which I now reside, to be taken off from said farm in such manner as to take in and include the house, which my son John now occupies, and the garden attached thereto and any other buildings erected, appurterianl to said house during my life time, and such a proportion of the Wood land, as the said forty acres, together with twenty acres contracted by me to Daniel B SAYRE, making in all Sixty acres, shall bear to the whole farm. And I further give and devise the said forty acres of land, after the decease of said Coe B SAYRE, to his three sons, James, John and Edward, to be equally divided between them.
Fourthly. I give & devise to my son John SAYRE Junr the remainder of the farm, not above disposed of, on which I now reside including the Eleven acres lately deeded to me by William W FOLWELL, during the life of said John; and after his death give & devise the said land to his children, in the proportion of two Shares to sons, and one share to daughters; that is, that each son shall take twice as much as Each daughter, and it is my will that his present wife Sally if she out live him shall be entitled to her dower therein in the same manner that she would be if it had belonged to him in fee.
Fifthly. I give and devise to my son Edward in fee, the fifty acres of land, which join his present farm on the East, purchased by me of Robert DILL.
Sixthly. I give & devise to my son William S in fee, the fifty acres of Land purchased by me of Peter W YATES in Lot No. Eighty in Romulus. I also give and bequeath to the said William S. Eleven hundred Dollars.
Seventhly. I give and bequeath to each of my daughters Emma CARPENTER, Ann GULICK & Eliza MILLER three hundred & fifty Dollars, and to my Daughter Lucy fifty dollars.
Eighthly. I give and bequeath to my two grand daughters Elizabeth GIDDINGS, and Susan S SWARTHOUT one hundred and fifty dollars Each.
Ninethly. I give and bequeath to Kate the coloured woman who lives with me, two hundred dollars, for her services & in lieu of any claim she may have against my Estate for Services
Tenthly, The above legacies are to be paid out of my personal Estate & the proceeds of the piece of Land, which I have hereinafter directed my Executor to sell, if there be sufficient thereof after paying my debts; if there be not sufficient, then the balance is to be made up by my sons John & Edward, three fourths of said deficiency by John and the other fourth by Edward. If there should be a Surplus, after paying debts and legacies as aforesaid I direct the balance to be divided Equally between my son John and my Three daughters first above mentioned. It is my will that not more than one half of each of the above legacies be paid to the respective legatees before the decease of my wife if she outlives me.
Eleventhly. I do hereby appoint my sons Edward SAYRE and William S SAYRE Executors of this my Last Will & testament & hereby revoke all wills by me heretofore made, and I authorize Empower and direct my said Executors to sell either at public or private Sale as they may think best the eighteen acres of land which I purchased of Plato BREWSTER in Lot No. fifty one in the town of Varick & to give the proper deed of the same & apply the proceeds as hereinbefore mentioned.
In witness whereof I have hereunto set my hand and seal the twenty ninth day of September in the year one thousand Eight hundred & forty Seven. The words "take" & in fee, on the first page interlined & some erasures not material before Execution.
John SAYRE LS
Signed Sealed published and declared by the testator to be his Last Will and testament in the presence of us, who at his request & in his presence & in the presence of Each other have Subscribed our names, as witnesses. Benjamin BARTLETT Romulus, Seneca Co. Charles H. SAYRE, Romulus.
Seneca County SS:
Benjamin BARTLETT sworn and Examined by and before the Surrogate of Seneca County testifies as follows, to wit: I was well acquainted with John SAYRE late of Romulus in the county of Seneca deceased; he died about the fourth day of March last past. I reside in Romulus aforesaid. I was present as a witness and saw the said John SAYRE sign his name at the End of the instrument in writing now produced & shown to me bearing date the twenty ninth day of September 1847, and purporting to be the Last Will & Testament of the said John Sayre. He declared said instrument to be his Last Will & testament, at the time of the Execution thereof by him as aforesaid, and at the same time requested by him as aforesaid, and at the same time requested me to sign my name as a witness thereto, which I accordingly did at the End of the memorandum which follows said instrument, as my name now appears thereto. I saw Charles H SAYRE sign his name as an attesting witness to said instrument as his name now appears he did so at the request of said John SAYRE and in his presence. At the time of the Execution of said instrument by Said John SAYRE as aforesaid he was about Eighty years of age - perhaps more - he was of sound mind & memory - was under no restraint, but acted freely so far as I have any knowledge - and I believe that he was in every respect competent to devise real Estate.
Benjamin BARTLETT
Sworn before me the 27th day of April 1848 J. K. RICHARDSON Surrogate
Seneca County SS:
Charles H SAYRE being duly sworn & Examined by & before the Surrogate of Seneca County testified as follows, to wit: I reside in Romulus, Seneca County; I was well acquainted with John SAYRE, late of Romulus aforesaid deceased. He died about the fourth day of March last past. I was present as a witness and saw the said John SAYRE sign his name at the End of the instrument in writing now produced & shown to me bearing date the 29th day of September 1847 and purporting to be the Last Will and testament of the Said John SAYRE; he at the same time requested me to sign my name as a Witness thereto which I accordingly did as my name now appears at the End of the memorandum which immediately follows said instrument; at the time of the Execution of said instrument as aforesaid by said John SAYRE he declared the same to be his Last Will and testament & then requested me to sign my name as a witness as before stated. Said John SAYRE at the time of the Execution & attestation of said instrument as aforesaid was of full age; of sound mind and memory - under no restraint to my knowledge; and I have no knowledge that he was in any respect incompetent to devise real Estate; I believe he was in every respect competent to do so. I saw Benjamin BARTLETT sign his name as an attesting witness to said instrument as his name now appears thereto; he did so at the request of the said John SAYRE, and in his presence./
Chas. H SAYRE
Sworn before me the 27th day of April 1848. J. K. RICHARDSON Surrogate
Seneca County SS:
Edward SAYRE being duly sworn and Examined by and before the Surrogate of Seneca County testified as follows: I am a son of John SAYRE late of Romulus, Seneca County deceased. He died on the fourth of March last past; within two or three days after his decease, the instrument in writing now produced & shown to me, purporting to be the Last Will & testament of said deceased, & bearing date the 29th day of September 1847, was found in a desk in the late dwelling house of the deceased, in which he kept his papers; others of the family besides myself were present; it was Enclosed in a wrapper and Sealed up; the wrapper was opened, the Will read, and I kept it in my possession until I delivered the same to the Surrogate of Seneca County for probate. It is now in the same condition, unaltered as when so found in the desk, except that the wrapper has been removed; the instrument itself is in no respect altered.
Edward SAYRE
Sworn before me the 27th day of April 1848. J. K. RICHARDSON Surrogate
Seneca County SS:
It appearing from the proofs duly taken in respect to the Last Will & testament of John SAYRE late of Romulus in the County of Seneca deceased, that the said Will was duly Executed, and that the said John SAYRE, at the time he Executed the same was in all respects competent to devise real Estate, and not under restraint, this said Last will & testament, and the said proofs & Examinations are hereby recorded, signed and certified by me pursuant to the provisions of Law, this twenty Seventh day of April, one thousand Eight hundred and forty Eight.
J. K. RICHARDSON Surrogate
Temperance (Watrus) SAYRE, 1809-1865
Surrogate's Court
Last Will and Testament of Temperance SAYRE, Deceased
Be it Remembered, That heretofore, to wit: on the Eighteenth day of July in the year of our Lord one thousand eight hundred and sixty-six John T. SAMPLE one of the Executors named in the last Will and Testament of Temperance SAYRE late of the town of Romulus in the County of Seneca deceased, appeared in open Court, before the Surrogate of the County of Seneca and made application to have the said last Will and Testament which relates to both Real and Personal Estate proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said Testator, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin of said deceased, by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the town of Ovid at the Court House in said County, on the Twenty second day of August, A.D. 1866, to attend the Probate of said Will, on which day before taking any proceedings upon the will, the said Surrogate ascertained that Susan L SAYRE and Charles E. SAYRE two of said heirs in said petition mentioned were minors having no General guardian within this State issued with said citation, wherefore the said Surrogate did by order duly entered appoint A. GILCHRIST who then and there appeared and consented in writing thereto special Guardian for said minors to take charge of their interest in the premises:
And afterwards, to wit: on the Twenty second day of August A.D. 1866, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day no one appearing to oppose the Probate of such Will, such proceedings were thereupon had in said Court, afterwards that said Surrogate took the proofs of said Will, hereinafter set forth, upon this Twenty second day of August 1866, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said last Will and Testament and proofs are as follows, that is to say:
In the name of God! Amen.
I Temperance SAYRE of the town of Romulus in the county of Seneca and State of New York of the age of Fifty five years and 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. I give and bequeath to my Daughter Susan L. SAYRE two feather beds, two bedsteads, two straw ticks, Three comfortables, Four Bed Quilts, One White Counterpaine, One Sett of Silver Tea Spoons Two Silver Table Spoons, One Sett of Knives and Forks, One Carving Knife and Fork, One Sett of White Dishes, One Sett of Window Curtains, One mirror, One Sett of Chairs, One Dinning Table, One Leaf Stand, One Wash Stand, One Wash bowl and Pitcher. One Carpet, Eight Linen Sheets, Six Cotton Sheets, Seven Linen Pillow Cses, Four pairs of Cotton Pillow Cases, Four Pillows, Two brass Candle Sticks, One Kerosene Lamp, One Melodion, Two double Coverlids, my wearing apparel, Two Rocking Chairs, Three German silver Table Spoons, Three German Silver Tea Spoons, The above named articles are the same I am now using in the house in which I now reside where I wish the articles to remain for the use of my Family until my said Daughter Susan becomes Twenty One years of age or shall marry, in which case she shall be entitled to take possession of them as soon thereafter as she may wish. At my death, the articles will be found marked with her name.
Second. I give and bequeath to my Son Charles E SAYRE, One Feather Bed, One Bed Stead, One Straw Tick, Two Comfortables, Four Bed Quilts, One Sett of Silver Tea Spoons, Two Silver Desert Spoons, One Sett Knives and Forks, One Sett of China Dishes, One Mirror and set of Chairs, One Breakfast Table, One Carpet, Four Linen Sheets, Five linen Pillow Cases, Two pairs of cotton pillow cases, One pair of Pillows, One double Coverlid, One Rocking Chair, Three German Silver Table Spoons, Three German silver Tea Spoons, One Leather Trunk. These articles I wish subject to the same conditions as my said Daughter Susan.
Third. I give and devise all my real estate and all my interest in Real Estate of every name and nature whatsoever to my said Daughter Susan L SAYRE and my said son Charlie E. SAYRE to be divided equally between them share and share alike.
Fourth. I give and bequeath to my husband John SAYRE the use of my two horses until my said children become of age with the privilege of selling them or either of them and paying the proceeds to my said children equally when they become Twenty One years of age.
Fifth. I have a promissory note made by James FERGUSON and Samuel BOWNER of Ovid Seneca County New York for the sum of Four Hundred and Fifty dollars and will become due June 17 1865 which I wish devoted to the tuition of my said children Susan L. SAYRE and Charlie E. SAYRE and I hereby commit their tuition to my executors hereafter nominated and appointed. then should be any remainder after paying for their tuition, when they become twenty one years of age I give and bequeath said remainder to my said Daughter Susan L and Charlie E. equally share and share alike.
Sixth. I give and bequeath all the rest residue and remainder of my personal estate, goods and chattels of what nature or kind soever equally to my said children share and share alike to be paid each when they become Twenty one years of age.
And lastly I do hereby nominate and appoint my friends John G. SAMPLE and Peter J. VAN VLEET to be the executors of this my last will and Testament hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal this 13th Day of December in the year One Thousand Eight hundred and sixty four.
Temperance SAYRE LS
The above instrument consisting of two half sheets was at the date thereof signed sealed published and declared by the said Temperance SAYRE as and for her last will and testament in presence of us who at her request and in her presence and in the presence of each other have subscribed our names as witnesses thereto.
Edward B. MILLER, Residing at Romulus in Seneca County.
Wm R. FOLWELL, Residing at Romulus in Seneca County.
Surrogate's Court Aug. 22d 1866
In the matter of proving the last Will and Testament of Temperance SAYRE, deceased.
Alex. GILCHRIST, guardian.
Seneca County ss.
William R. FOLWELL and Edward B. MILLER being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of Temperance SAYRE late of the town of Romulus in the County of Seneca and State of New York deceased. And these deponents do further say, that the said Temperance Sayre deceased, did, in the presence of each of these deponents, subscribe her name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to the last Will and Testament of Temperance Sayre of the said deceased, and which bears date on the thirteenth day of December, one thousand eight hundred and sixty four.
......
And deponent MILLER says he wrote the will at the request of the deceased at her home in Romulus, that he wrote it as she directed, that after it was written deponent read it to her & she read it and said it was right and then executed the same and that it has not since been altered.
Wm R. FOLWELL.
Edward B. MILLER.
Subscribed and sworn to before me this 22d day of Aug. 1866.
J. C. MILLER, Surrogate.
Seneca county, SS.
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Temperance SAYRE late of the town of Romulus in the county of Seneca and State of New York, deceased, that the said Will was duly executed, and that the said Temperance SAYRE deceased, at the time she executed the same, was in all respects competent to devise real estate, and not under restraint, the said last will and Testament and the proofs and examinations, are hereby recorded, signed, and certified by me, pursuant to the provisions of the Revised Statutes, this 22d day of August 1866.
J. C. MILLER, Surrogate.
James Watrus, 1772-1841
Will of James WATRUS, Seneca Co. N.Y.
At a surrogate's court held at the surrogate's office in Lodi in the county of Seneca on the twenty first day of March 1842, before Jehiel H. HALSEY, surrogate of said county; the will of James WATRUS late of the town of Romulus in said county of Seneca deceased, was proved by the oaths of Jonas SEELY, William HURD, and Stephen R. MILLER, who on being duly sworn and examined before the said surrogate, testified as follows:
Jonas SEELY of the town of Romulus in the county of Seneca testified that he was acquainted with James WATRUS, late of the town of Romulus in said county the testator in his will now here in court produced, and who is now deceased. That the said testator subscribed to the said will in the presence of the witness, and at the time of making such subscription, declared that instrument so subscribed by him to be his last will and testament. That he, the said Jonas SEELY, and William HURD, the other subscribing witness, signed their names to the said will as witnesses to the execution thereof by the testator as aforesaid; at the request of the said testator, in his presence and in the presence of each other. That when the said testator executed his said will as aforesaid, he appeared to be about seventy years of age, of sound mind, memory, and understanding, and not under any restraint, That he, the said Jonas SEELY, wrote the said will, at the request of the said testator, and according to his direction with the exception of an omission of the word "five" in the bequest to Paulina SIMPSON, which should have been "two hundred and twenty five dollars," instead of two hundred twenty dollars, as in the said will contained. That he has examined the said will now here in court, and it appears to be in the same form and condition that it was when it was executed by the said testator as aforesaid. That the omission of the said word five above mentioned, was by a clerical error of the witness; the testator having directed that the said bequest to the said Paulina SIMPSON should have been two hundred and twenty five dollars. That he, the said witness at the request of the said testator, took the said will into his possession, and kept it safely and unaltered, until the third day of January last, at which time he delivered the said will to Stephen R. MILLER, one of the executors in the said will named.
Jonas SEELY
William HURD of the town of Romulus in the county of Seneca testified that he was acquainted with James WATRUS late of the town of Romulus in said county, the testator in his last will and testament now here in court produced. That the said testator subscribed to the said will in the presence of the witness, and at the time of making such subscription declared the instrument so subscribed by him to be his last will and testament. That he, the said William HURD, signed his name to the said will as a witness to the execution thereof by the testator as aforesaid, at the request of the said testator, and in his presence. That when the said testator executed his will as aforesaid, he appeared to be about - seventy years of age, of sound mind, memory, and understanding, and not under any restraint.
William HURD
Stephen R. MILLER of Romulus in the county of Seneca testified that on the third day of January last, he received from Jonas SEELY, the will of James WATRUS deceased, now here in court produced; and that he kept the same safely and unaltered until he delivered it to Jehiel H. HALSEY, surrogate of the county of Seneca.
Stephen R. MILLER
James WATRUS of the town of Romulus county of Seneca and State of New York do publish this my last will and testament in manner following; that is to say - I devise to my wife the use and profits of all my real estate during her natural life. I further request & direct so much of my personal property be sold as will pay my debts, funeral charges as well as proving & recording the same as well as other incidental expenses appertaining to and executing this my will. And in case my personal property should prove insufficient to pay the above mentioned debts & charges, I hereby order & direct so much of my real estate to be sold as will be sufficient to pay the same. And the residue of my real estate be applied as above said. After the decease of my wife the residue of my estate real & personal, I give & bequeath to my son John one equal third part, to my son Vincent one equal third part, & to my daughter Temperance one equal third part. I hereby direct that my son John pay to Almira COMBS my oldest daughter two hundred & twenty five dollars to my daughter Sally COMBS two hundred twenty five dollars & to Harriet FINTON wife of Asa S. FINTON one hundred dollars. I also direct that my son Vincent pay to Harriet FINTON as above described one hundred and twenty five dollars to my daughter Paulina wife of Joshua SIMPSON two hundred & twenty dollars & to Eliza FITSIMMONS wife of Thomas FITSIMMONS two hundred dollars. And I also direct that my daughter Temperance pay to Susan SIMPSON wife of John SIMPSON my youngest daughter twenty five dollars. I hereby nominate & appoint Stephen R. MILLER & Thomas I. FOLWELL Esquires of Romulus as executors of this my last will & testament - having the utmost confidence in their capacity & integrity to execute the same, agreeable to my request, as above directed.
Given under my hand & seal this thirtieth day of December One thousand eight hundred & forty one In the presence of us who have hereunto subscribed our names as witnesses in presence of the testator & in presence of each other.
James WATRUS L.S.
William HURD of romulus N.Y.
Jonas SEELY of romulus New York
interlined in the 14 line the word my.
I certify that the foregoing is a correct record of the will of James WATRUS deceased, as the same was proved before me on the twenty first day of March 1842, and of the proofs of the said will, as the same were reduced to writing, and signed by the several witnesses on that day.
J. H. HALSEY, Surrogate