Will of Jacob Windnagle

In the name of God, Amen. I, Jacob Windnagle of the town of Gorham in the County of Ontario and state of New York, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do make, ordain, publish and declare this instrument, by me executed to be my Last Will, and Testament. Viz.

First. After all my lawful debts shall have been duly paid and discharged I hereby order and direct that my estate be divided among my sons and daughters, their heirs, and assigns as follows. To my two daughters, Jane, and Mary M. each, one equal half of the crockery, glassware, and dishes belonging to me at the time of my decease. I also give grant and devise to each of my said daughters their heirs and assigns, one equal sixth part of my estate both real and personal, and also to my son John, one equal sixth part of my estate. To my son Jonas E. I hereby give, grant, and devise, one equal half of my estate, both real and personal, except of the crockery [unknown word] given to my two daughters aforesaid. To my sons Jacob, and Michael, each; I give and bequeath the sum of five dollars, to be paid to them from the avails of my personal estate.

Secondly I hereby nominate and appoint my friend Gideon Clinton Botts, and my son Jonas, Executor of this my Last Will and Testament.

In witness whereof I have hereunto subscribed my name and affixed my seal
the sixteenth day of May in the year of Our Lord One thousand and eight
hundred and sixty-five
Signed sealed published and declared
by the said Testator to be his Last Will and Testament in the presence of us
who at his request, in his presence, and in the presence of each other have
here unto subscribed our names as witnesses.
{signed} Jacob Windnagle

Certificate of proof of Will -- Repository & Messenger Print, Canandaigua
State of New York, Ontario County. ss.

Be it remembered, that on the day of the date hereof, the last will and testament of Jacob Windnagle late of the town of Gorham in said County, deceased (being the foregoing written instrument,) was duly proved before Elihu M Morse {Signed} Esq. Surrogate of the said County, according to law, as and for the last Will and Testament of the real and personal Estate of
said deceased; which said last Will and Testament, and proofs and examinations taken thereon, are Recorded in his Office.

In Testimony Whereof, The Surrogate of the said County has hereunto set his
hand and affixed his seal of office, this 1st day of July 1867
signed MMorse Surrogate of the County of Ontario

Petition and Proof of Will --- Printed by Benton & Andrews, Rochester, N.Y.

To the Surrogate of the County of Ontario:

The Petition of Samuel C. Boots of the town of Potter in the County of Yates respectfully showeth:

That Jacob Windnagle late of the town of Gorham in the said County of Ontario deceased, died in the said town of Gorham on or about the 4th day of June in the year of our Lord one thousand eight hundred and sixty seven being at that time an inhabitant of the County of Ontario; that he died, leaving a last Will and Testament, which is now produced in the Surrogate's Court of the said County of Ontario, before the said Surrogate, which bears date the 16th day of May in the year of our Lord one thousand eight hundred and sixty five and by which said last Will and Testament the said deceased nominated and appointed your petitioner and Jonas Windnagle executors thereof; that the said deceased died possessed of real and personal estate in the said County of Ontario, which does not exceed the value of $5000., and that the following named persons are all the heirs-at-law and next of kin of the said deceased, and their respective places of residence are as follows, viz:

no widow.
John Windnagle, Troy, Geauga Co., Ohio. Jacob Windnagle Potter Yates Co.,
N.Y. Michael Windnagle. Williamsville, Erie Co., New York. Mary M. Shepard,
wife of James Shepard, Italy, Yates Co., N.Y. Jane Windnagle Gorham Ont Co
N.Y. ["Your petitioner Samu" was scratched out] Jonas Windnagle Same place.

Who are all of full age

Your petitioner further shows that he is desirous of having the said Will admitted to probate and of having letters testamentary granted thereon, and also of having the said Will proved and recorded according to law as a Will of real and personal estate; and therefore prays that the same may be proved and recorded as aforesaid, and that all such process and proceedings may be had and taken thereon for that purpose, as are just and proper, and as the law may require. And your petitioner will ever pray, &c.

Dated June 13th 1867.
{Signed} Samuel C. Boots

I have transcribed the will and probate of Jacob Windnagle of Gorham,
Ontario County, from the original stored at the Records, Archives and
Information Management System for Ontario County, Canandaigua, NY.

Obtained from RAIMS Ontario County
NY-35-18 Pg 177-178

Will of Sylvanus Barden transcribed by Teresa Culver

“In the name of God, Amen! I , Sylvanus Barden of the town of Seneca county of Ontario and state of New York being weak in body but of perfect mind and memory do make and publish this my last will and testament in manner and form following that is to say’ First, I give and bequeath to my beloved wife Martha Barden the home farm containing one hundred acres of land being total 40 forty sic (3 previous words unclear), during her natural life also ten sheep and three cows. I give and bequeath to Dolly Ann Atwater my step daughter two hundred dollars in cash twenty sheep two cows also three beds and bedding and a home in my house so long as she remains unmarried. I give and bequeath to Martha Atwater my stepdaughter one hundred dollars in cash, ten sheep two cows also a bed and bedding I give and bequeath to David Atwater my stepson fifty dollars in cash and the stud horse which I now own. I give and bequeath to William Nichols who live with me at present one hundred dollars in cash and the black mare that I now own. I give and bequeath to my nephew Silvanus Barden son of my brother George Barden fifty dollar in cash. And lastly I give and bequeath to my son Silvanus Perry Barden all other my personal property not included in former bequest and all my real estate consisting of two farms the home farm as above specified to remain in the possession of my wife Martha Barden during her natural life. The above named legacies and devises to be paid to the legacies and devises to paid (previous 7 words squeezed in between lines) out of any monies that may remain after paying all just debts that may be against me and necessary expenses to the minors when they become of age and to those who are of age as soon as may be by John Martin of the town of Seneca and by John Atwater and Thomas Atwater my stepsons whom I appoint executors of this my last will and testament. In Witness whereof I have hereunto set my hand and seal this thirteenth day of January in the year of our Lord one thousand eight hundred and twenty seven.

Sylvanus Barden

Signed sealed published and declared by the above named Silvanus Barden to be his last will and testament in the presents [sic] of us who have hereunto subscribed our names as witnesses in the presents [sic] of the testator. The word [sic] Martha Barden interlined in the sixth line from the top before signing. Joseph Robson
John Robson
David Squire } Witness

Ontario County SS Be it remembered that on the twenty seventy day of January in the year of our Lord one thousand eight hundred and twenty seven before me Jard Willson Esquire Surrogate of the county of Ontario David Squire who being duly sworn did depose and say that he the deponent saw Silvanus Barden late of the county of Ontario deceased sign and seal the written instrument then shown unto him of which the aforegoing is a true copy purporting to be the last will and testament of the said Silvanus Barden – deceased bearing date the thirteenth day of January in the year of our Lord one thousand eight hundred and twenty seven that at the time thereof the said Sivanus Barden was of a sound disposing mind and memory to the best of the knowledge and belief of him the deponent and that he the deponent and Joseph Robson and John Robson subscribed their names as witnesses to the said will in the presence of each other and in the presence of the testator.
Jarod Willson Surrogate”

Submitted by Teresa Culver - many thanks to Teresa for sharing.

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