Will of Gamaliel Wilder


The people of the State of New York, by the grace of God free and independent:  To all to whom these presence shall come or may concern, send Greeting:

Know ye, that at the town of Canandaigua, in the County of Ontairo [sp.], on the third day of May, in the year of our Lord one thousand eight hundred and seventeen before Stephen Phelps, Esq., Surrogate of our said County, the last will and testament of Gamaliel Wilder deceased (a copy whereof is hereunto annexed) was proved, and is now approved and allowed of by us; and the said deceased having whilst he lived, and at the time of his death, Goods, Chattels or Credits, within the State, by means whereof the proving and registering the said Will and the granting of Administration of all and singular the said goods, Chattels and Credits and also the auditing, allowing and final discharging the amounts thereof, doth belong unto us:  the Administration of all and singular the goods, Chattels and credits of the said deceased and any way concerning his Will, is granted unto Elisha Parrish and Asa Wilder, Executors in the said will named hereby requiring you will and faithfully to administer the same, and to make an exhibit a true and perfect Inventory of all and singular the said goods, Chattels and credits and also to render a just and true account thereof when thereunto required.

In testimony whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed.  Witness Stephen Phelps, Esquire, Surrogate of the said County, at the town of Canandaigua afforesaid the third day of May in the year of our Lord, one thousand eight hundred and seventeen.

Stephen Phelps
 

The last will and testament of Gamaliel Wilder of the Town of Bristol, County of Ontario and State of New York:

I, Gamaliel Wilder considering the uncertainty of this mortal life, and being of sound mind and memory (blessed be Almighty God for the same) do make and publish this my last will and testament in manner and form following, that is to say.

First.  I give and bequeath unto my [wife] Mahitabel Wilder the sum of two hundred dollars.

Item.  I give and bequeath unto Seth Wilder, Joel Wilder, and David Wilder, sons and heirs of my son David Wilder deceased, the sum of seven hundred dollars each.

Item.  I give and bequeath unto Orpha, Gove, Thompson, Alpha, William, Polly, Betsey, Nelson and George, children and heirs of my son Daniel Wilder, deceased, the sum of one hundred dollars to be divided equal among them.

Item.  I give and bequeath unto my daughter Mahitabel Allen the sum of six hundred dollars.

Item.  I give and bequeath unto my daughter Louis Parrish the sum eight hundred dollars.

Item.  I give and bequeath unto my daughter Lucy Hatch the sum of eight hundred dollars.

Item.  I give and bequeath unto the children and heirs of my daughter Lydia Hoge, the sum of five hundred dollars to be vested by my executors either in Bank Stock or in some other safe situation (where in the opinion of the said executors this legacy may be increasing, at least by the legal rate of interest, until the oldest of the heirs of the said Lydia shall attain to the age of twenty one years, at which time the said executors shall apportion the same according to the number of heirs of the said Lydia at that time living and pay them their respective shares as they shall respectively arrive at the age of twenty one years.

Item.  I give and bequeath to the children and heirs of my son Jonas Wilder the sum of four hundred dollars to be vested by my said executors and by them to be apportioned and paid in a simular [sic] manner to the foregoing legacy to the children and heirs of my daughter Lydia Hoge.

Item.  I give and bequeath to my son, Asa Wilder and to his heirs and assigns forever all that certain piece of land lying north of my dwelling house and bounded west on mud creek east on the road and to extend south to a line to be drawn three rods north of the said dwelling House and on right angles with the road.  Also forty acres off of the south side of the barn lot, so called, being parts of lots numbers fourteen and seventeen, in township number eight in the fourth range of towns north of the center line, provided and this device is upon this express condition, that the said Asa Wilder shall pay or cause to be paid to my executors or their assigns the just and full sum of eight hundred dollars.

Item.  I give and bequeath unto my son Joseph Wilder the sum of one hundred dollars.

Item.  Whereas the first Congregational Society of South Bristol are indebted to me in divers sums of money for moneys advanced, materials furnished in aiding and assisting them to build their church in said Society, now therefore be it known that I do hereby release to the said society and acquit them in full of all such debts and demands whatsoever.  Provided the trustees of the said society shall assure to me my heirs and assigns the pews in said church which I bid off at the publick sale of pews.

Item.  I give and bequeath to the aforesaid Society and to their successors the north half of Lot number fifty one North of the center line in township number eight in the fourth range, valued at six hundred dollars; provided and upon this express condition: that the said society shall [word must be missing here] an agreement made by me with Walter Hyde dated 18th August 1814 faithfully and truly according to the letter of said agreement.

Item.  I give and bequeath to the aforesaid society, the sum of eight hundred dollars, which said eight hundred dollars and the land in Lot number fifty one afforesaid together with the sum of two thousand dollars which I have heretofore given to the said society secured by bond and mortgage on land sold by me to Pliny and Simeon Hayes, and the further sum of six hundred dollars, secured in like manner by Samuel Wheeler’s Bond and mortgage, I give and have given to the said society upon this express condition, that the afforesaid land and sums of money shall be set apart as a permanent fund, and shall be vested as far as may be by the trustees of said society, in some property which shall produce a revenue, and which revenue, and no more, shall be annually expended, for the support of the Gospel in said society; and if the said society shall appropriate at any time hereafter, the afforesaid land or moneys, or the revenue arising therefrom to any other purpose or use, then such as are hereinabove expressed, then and in that case the said land and money shall revert to my heirs and assigns and remain to their sole and proper use forever.

Item.  After all my just debts and demands shall be paid, and after all the legacies and bequests herein before mentioned shall have been paid, then and in that case I give and bequeath unto my daughters Louis Parrish and Lucy Hatch the sum of four hundred dollars each - the remainder of my Estate both real and personal I give and bequeath to my legal representatives and to their heirs and assigns to be divided among them in equal portions.  Further, I hereby constitute and appoint my son-in-law Elisha Parrish and my son Asa Wilder my sole executors of this my last will and testament.  And I hereby authorize and empower my said executors to sell and convey and give good and sufficient deeds for the same, all and singular the real property of which I may die possessed; excepting, and reserving all such property as has herein before been particularly devised.  And Lastly my express will and meaning is and I do hereby order and appoint that if any difference, dispute, question or controversy shall arise or happen concerning any gift, bequest, matter or thing in this my will given and bequeathed, that then no suit or suits in law or equity shall be brought or prosecuted for and concerning the same, but the same shall be referred to the award and determination of my friends Thomas Beals, Nathaniel W. Howell and Zachariah Seymour all of Canandaigua or any two of them and what they shall determine therein shall be binding and conclusive to all and every person therein concerned.

Bristol, November 30, 1815.

Signed:  Gamaliel Wilder

Witnesses:  Andrew Rawson, Elisha B. Strong, Thomas Beals

Codicil to the last will and testament of Gamaliel Wilder made on the 30th day of November, 1815.

Item.  Instead of eight hundred dollars bequeathed to my daughters Lois Parrish and Lucy Hatch I now direct that they be paid only seven hundred dollars each.

Item.  The bequest of four hundred dollars to my daughters aforesaid I direct not to be paid, and lastly, I do direct, that in making the final distribution of the residue of my estate among my legal representatives, that the shares that may be apportioned to my son Jonas Wilder and Lydia Hoge shall be paid to their heirs in the same manner as the bequests to them in my will afforesaid are directed to be paid.  Signed sealed published and declared as a Codicil of my last will and testament this 4th day of January, 1816.

Signed:  Gamaliel Wilder

Witnesses:   Ebenezer Davis, Nathan Andrews, Thomas Beals



Many thanks to Lynne Holton for sharing this with us.



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