Many thanks to Emily McBride who has generously donated the following Wills and Surrogate Records. Her sharing is deeply appreciated.  Please contact Emily if you are looking for futher information.



Will and Surrogate Records of W. V. B. Newkirk




Record of W. V. B. Newkirk’s Will [Wilhelmus is written above the W]

I, W. V. B. Newkirk of the town of Seneca, County of Ontario and State of New York being of sound mind and memory do make ordain publish and declare this to be my last will and testament that is to say:  First – after all my lawful debts are paid and discharged I give devise and bequeath all my property both real and personal as follows:
2nd It is my wish and desire that that part of my real estate or farm known as the old McCanby farm in the town of Seneca Ontario County New York containing eighty acres of land more or less be sold.  And I hereby order and empower the executors of this my last will and testament to sell and give a good and sufficient title to the above named real estate or farm, and pay over the proceeds of sale of said farm as follows:  To Frederic A. Jones of Auburn New York his heirs and assigns, Five hundred dollars:  to Mary C. Fornicook of Clide Wayne County her heirs and assigns five hundred dollars.  To Mary A. Barden of Ontario County New York her heirs and assigns one hundred dollars and the rest and residue of the proceeds of sale of said real estate or farm to be paid to the above named Mary A. Barden, Joseph H. Hoffman of Buffalo New York, Charles W. Hoffman of Seneca Co., N. York and W. V. B. Hoffman of Buffalo New York their heirs and assigns share and share alike.
    I give devise and bequeath to my nephew Charles H. Newkirk of Ontario County New York his heirs and assigns that part of my real estate or farm known as the homestead and also the farm I bought of the heirs of Aaron Caton and on which farm I now reside containing in both farms one hundred and twenty acres of land more or less and also all of my personal property and estate upon the following conditions viz that he the said Charles H. Newkirk pay or cause to be paid all my lawful debts also the following named legacies.  To my niece Caroline A. Newkirk of Ontario County New York her heirs and assigns the sum of five hundred dollars within two years after my decease.  To my niece Fanny A. Butcher of Ontario County New York her heirs and assigns the sum of five hundred dollars within two years after my decease.  And to my nephew John McClure of Pittsburg Pennsylvania his heirs and assigns the sum of three hundred dollars within two years after my decease.
    4th I give devise and bequeath to John H. Wing of Steuben County New York his heirs and assigns a House and lot I own in the village of Hornellsville, Steuben County New York upon condition that the said John H. Wing pay or cause to be paid to his daughter Clara V. Wing her heirs and assigns the sum of six hundred dollars when the said Clara V. Wing shall arrive at the age of twenty-one years.  Likewise I make constitute and appoint Henry V. Barden of Ontario County New York to be executor of this my last will and testament hereby revoking all former wills by me made.  In witness whereof I have hereunto subscribed my name and affixed my seal the twenty-first day of April in the year of our Lord one thousand eight hundred and eighty one.
                                        W. V. B. Newkirk (LS)
The above instrument consisting of one sheet was at the date thereof subscribed by W. V. B. Newkirk in the presence of us and each of us he at the time of making said subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his last will and testament whereupon we then and then at his request and in his presence and the presence of each other subscribed our names as witnesses thereto [I am missing the rest]…


To the Surrogate’s Court of the County of Ontario:

    The Petition of Henry V. Barden of the town of Seneca in the County of Ontario NY respectfully shows upon information and belief:
    That Wilhelmus V. B. Newkirk late of the town of Seneca in the said County of Ontario NY, deceased, died in the said town of Seneca on or about the 8th day of April in the year of our Lord one thousand eight hundred eighty-three being a that time a citizen of the United States and a resident 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 a date the 21st day of April A.D., 1881 which affects, or purports to affect both real and personal property, and by which said last will and testament the said decedent nominated and appointed Henry V. Barden, who is your petitioner, executor thereof; that the said decedent died possessed of real and personal property in the said County of Ontario, which does not exceed in value about $16000.00 and that the following named persons are all the heirs-at-law and next of kin of the said decedent, and their respective places of residence are as follows, viz.:

Frederick A. Jones who resides at Auburn, NY.

Mary C. Forncrook who resides at Clyde, Wayne Co., NY.

Joseph H. Hoffman and Wilhelmus V. B. Hoffman who reside at Buffalo NY.

Charles W. Hoffman who resides at Sioux City, Iowa.

Fannie A. Butcher who resides at Buffalo, NY.

John H. McClure who resides at New Albany, Ind.

Mary A. Barden who resides at Seneca, Ont. Co., NY.

Charles H. Newkirk who resides at Seneca, Ont. Co., NY.

John Newkirk who resides at Seneca, Ont. Co., NY.

Caroline A. Mosey who resides at Seneca, Ont. Co., NY.

Nettie Newkirk who resides at Seneca, Ont. Co., NY.

Clara V. Wing who resides at Hornellsville, NY.

Who are all of full age and of sound mind except Clara V. Wing who is an infant.
That deceased left him surviving no widow.
That the source and grounds of petitioner’s information and belief on statements made to petitioner by Mary A. Barden who is a relative of deceased and resides in said town of Seneca and the possession and contents of a written instrument purporting to be the last will of deceased.
    Wherefore your petitioner prays, that the said last will and testament may be proved, and letters testamentary granted thereon according to law, and that the above named heirs and next of kin of said decedent may be cited to attend the probation thereof; and for such other or further order in relation to the proof of said will or the service of said citation, as may be just and proper.
    Dated April 24th 1883.
                    Henry V. Barden


To the Surrogate’s Court of the County of Ontario:

    The petition of Henry V. Barden sole executor of the last will and testament of Wilhelmus V. B. Newkirk late of the town of Seneca in the County of Ontario, deceased, respectfully showeth:  That on or about the 25th day of June 1883 your petitioner Henry V. Barden was duly appointed by the Surrogate’s court of the County of Ontario (by letters granted and issued for that purpose) sole executor of the last will and testament of the said deceased, and took upon himself the burden and office thereof; and that more than one year having elapsed since the appointment of your petitioner as aforesaid, and the issuing of letters as aforesaid, he is desirous of rendering an account of his proceedings in the administration of the estate of said deceased, and of having such accounts judicially settled, and a decree of such judicial settlement entered thereon according to law; that all the creditors of said deceased have been paid, according to the best knowledge and believe of your petitioner that said deceased left no widow him surviving.
    That the legatees and next of kin of said deceased, with their respective ages and places of residence are as follows, viz:

Charles W. Hoffman resides at Grinnell Iowa.

Joseph H. Hoffman resides at 71 Colledge St. Buffalo Erie Co. NY.

Wilhelmus V. B. Hoffman resides at Grand Rapids Michigan.

Fanny A. Butcher resides at Buffalo Erie County NY.

Mary A. Barden resides at Seneca Ontario County NY.

John Newkirk resides at Seneca Ontario County NY.

Charles Newkirk resides at Seneca Ontario County NY.

Caroline A. Mosey resides at Seneca Ontario County NY.

Frederick A. Jones resides at Auburn NY.

John H. McClure resides at New Albany Indiana.

Mary C. Fornicook resides at Clyde Wayne County NY.

Clara V. Wing resides at Hornellsville NY.

and John Wing resides at Hornellsville NY.

Nettie Newkirk resides at Seneca NY.

Who are all of full age except Clara V. Wing who is infant and resides with John H. Wing her father at Hornellsville NY.
    Your petitioner therefore prays that this said accounts may be rendered and judicially settled as aforesaid; that a citation may be issued for that purpose by the said Surrogate’s court, and that all such process and proceedings may be had and taken in the premises as are just and proper, and the law may require.  And your petitioner will ever pray, &c.
    Dated October 13th 1884
                    Henry V. Barden



Will and Surrogate Records of Jane Newkirk




Record of Jane Newkirk’s Will

        In the name of God, Amen.
    I, Jane Newkirk of the Town of Seneca, County of Ontario and State of N.Y. being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last will and testament, that it to say:
    First:  After all my lawful debts are paid and discharged, and my funeral expenses paid, then I direct my executor to erect a suitable monument to my memory, said monument to cost not less than one hundred dollars, and I also direct that my husband’s body shall be taken up and buried beside mine, the expense of which shall be paid out of my personal estate.
    2nd:  I give and bequeath to my daughter Mrs. Fannie A. Butcher fifty dollars.  Also to Mrs. Mary Reed I give twenty-five dollars, and to my grand daughter (Mis.?) Clara V. Wing I give five dollars and to my grand son Oscar Butcher I give twenty-five dollars which sum I direct shall be placed in the Savings Bank to his credit to remain in Bank until he becomes of age.
    The remainder of my money of which I may die possessed I give and bequeath to my daughter Mrs. Caroline A. Mosey.  To my grand daughter Anna Mosey I give the bed, bedstead pillows and bedding in west bedroom.
    Likewise, I make, constitute and appoint Aaron Mosey of the Town of Seneca, County of Ontario, State of NY 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 subscribed my name and affixed my seal the fourth day of February in the year of our Lord one thousand eight hundred and ninety-nine.
                                        Jane Newkirk (seal)
    The above partly written and printed instrument, was subscribed by the said Jane Newkirk in our presence and acknowledged by her to each of us; and she at the same time declared the above instrument so subscribed to be her last will and testament and we, at her request, have signed our names as witnesses hereto in her presence [I am missing the rest]…


To the Surrogate’s Court of the County of Ontario:
    The petition of Aaron Mosey of the town of Seneca in the County of Ontario respectfully shows:
    That Jane Newkirk late of the town of Seneca, in the County of Ontario, deceased, died in the said town of Seneca on or about the 18 day of July in the year of our Lord one thousand nine hundred eight, being at that time a citizen of the United States and a resident of the County of Ontario; that she 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 the date the 4th day of February, A.D. 1899.  Which affects, or purports to affect, both real and personal property, and by which said last will and testament the said decedent nominated and appointed Aaron Mosey executor thereof; that the said decedent died possessed of personal property in the said county of Ontario, which does not exceed in value about $700.00, and real property which does not exceed in value about $------, and that the following named persons are all the heirs-at-law and next of kin of the said decedent, and that their places of residence and their relationships to the decedent are, respectively, as follows, viz.:

Charles Newkirk, town of Seneca, NY.  Son.

Fannie A. Butcher, 256 Rhode Island St., Buffalo, NY.  Daughter.

Clara V. Arnold, Melstone, Montana.  Granddaughter.

Charles N. Mosey, town of Seneca, NY.  Grandson.

Anne E. Ottley, town of Seneca, NY.  Granddaughter.

Harriet Mosey, town of Seneca, NY.  Granddaughter.

Genevieve T. Mosey, town of Seneca, NY.  Granddaughter.

    Who are all of full age and sound mind, except Genevieve T. Mosey who is an infant of the age of eighteen years.
    That said decedent left no husband surviving.
    Wherefore, your petitioner prays that the said last will and testament may be proved, and letters testamentary granted thereon according to law, and that the above named heirs and next of kin of said decedent may be cited to attend the probate thereof; and for such other or further order in relation to the proof of said will or the service of said citation, as may be just and proper.
    Dated, Aug. 5th, 1908.
                Aaron Mosey



Will of Aaron J. Mosey




Last Will and Testament
    I, Aaron J. Mosey of the Town of Seneca, in the County of Ontario, and 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 – I direct that all my just debts and funeral expenses be paid.
    Second – I give and bequeath to my daughter Harriet G. Means the sum of Five Thousand Dollard the payment of which I hereby charge against that portion of my real estate hereinafter devised to my daughter Genevieve P. Campbell.
    Third – I give and devise to my daughter Genevieve P. Campbell all that portion of the real estate owned and occupied by me in the Town of Seneca, Ontario County, new York, located north of the Lehigh Valley Rail-Road, and consisting of about eighty acres of land upon which my farm buildings are located and which land is bounded on the north by the Geneva and Canandaigua Turnpike; on the west by lands of one Densmore; on the south by lands of Densmore; and on the east by the Lehigh Valley Rail-Road; but I charge against the land by this clause devised the payment of Five Thousand Dollard hereinbefore bequeathed to Harriet G. Means.
    Fourth – I give, devise and bequeath to my son Charles N. Mosey for and during his lifetime the use, benefit and income of all the real estate of which I die seized located south of the Lehigh Valley Rail-Road, being between fifty and sixty acres of land off of the south portion of the farm in said town of Seneca now owned and occupied by me, and which parcel of land is bounded on the west by the Lehigh Valley Rail-Road; on the south by lands of Wallace G. and Harriet G. means; on the east by the highway; and running to a point in the south boundary line of the Geneva and Canandaigua Turnpike.
    Said described parcel of land being triangular in shape; and after the death of the said Charles N. Mosey I give and devise the said parcel of land to the lawful issue him surviving each to share and share alike, if there be any, and in case he leaves no lawful issue him surviving then I give and devise the said premises to my two daughters Harriet G. Means and Genevieve P. Campbell, each to share and share alike; and I hereby direct that my executor hereinafter named or the said Charles N. Mosey be not required to at any time give any bond by reason of the trust hereby created.
    Fifth – I give and bequeath to Harriet G. Means her choice of one cow owned by me at my death.
    Sixth – All farming tools and utensils and all stock owned by me at the time of my death, except the cow hereinbefore bequeathed to Harriet G. Means, I give and bequeath to Charles N. Mosey and Genevieve P. Campbell, each to share and share alike.
    Seventh – I give and bequeath to my daughter Genevieve P. Campbell all the household furniture, silver ware, dishes, pictures, books and utensils owned by me at the time of my death, but request her to divide the same with Harriet G. Means and Charles N. Mosey as she sees fit.
    Eighth – All the rest, residue and remainder of the property of which I die seized I give, devise and bequeath to my said three children Charles N. Mosey, Harriet G. Means and Genevieve P. Campbell, each to share and share alike.
    Lastly, I hereby appoint Charles N. Mosey and Wallace G. Means executors of this, my last Will and Testament:  hereby revoking all former wills made by me.
    In Witness Whereof, I have hereunto subscribed my name the 19th day of April, in the year One thousand nine hundred and nineteen.
                                Aaron J. Mosey (L.S.)
    We, whose names are hereto subscribed, do certify that on the 19th day of April, 1919 Aaron J. Mosey, the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his last Will and Testament, and requested us and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the said date, and write opposite our names our respective places of residence.

(Witness’ names are unreadable.)



Will of John Freleigh




Will of John Freleigh

In the name of God amen.  I John Freleigh of the Town of Seneca in the County of Ontario and State of New York Farmer being in perfect health of body and of sound and disposing mind, memory and understanding, considering the certainty of death and the uncertainty of the time thereof and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence do therefore make and publish this my last will and testament in manner and form following, that is to say:
    First and principally I commit my soul into the hands of almighty God and my body to the earth to be decently buried at the discretion of my executors herein after named and after my debts and funeral charges are paid I devise and bequeath as follows:
    I give and bequeath unto my wife Maria all my estate both real and personal of what nature or kind the same may be at the time of my decease.  To have and to hold the said real and personal estate for and during her natural life excepting nevertheless the bequest hereinafter mentioned to my daughter Mary Newkirk and my son John I. Freleigh.  But it is my express will that my debts and funeral charges shall be paid out of my personal property and that the residue (after the bequests to my daughter Mary Newkirk and to my son John and after the payment of my debts and funeral charges be discharged) shall be and remain at the disposal of my said wife.
    Item.  I give and bequeath unto my daughter Mary Newkirk as soon after my decease as shall be convenient to my executors, a milk cow or the value thereof in money, at the option of said executors.
    Item.  I give and bequeath unto my son John I. Freleigh as soon after my decease as shall be convenient to my executors, a milk cow or the value thereof in money, at the option of said executors.
    Item.  I give and devise unto my daughter Mahela after the decease of my wife which shall first happen, thirty acres of land, to be laid off on the north part of my farm to be bounded by the south line of fifty acres by me, heretofore conveyed to my son John.  I also give and bequeath to my said daughter Mahela as soon as convenient to my executors after my decease, a milk cow or the value thereof in money at the option of my said executors.
To have and to hold the said thirty acres of land and a cow or an equivalent in money to my said daughter Mahela her heirs and assigns forever.
    Item.  I give and devise unto my sons Solomon and Henry, after the decease of my wife Maria which shall first happen, the residue of my real estate and personal estate to be equitably and advantageously divided between them according to quantity, quality and other circumstances and in case the said Solomon and Henry cannot amicably make a division of the said estate both real and personal, then the said Solomon his heirs or assigns shall choose one disinterested person, and the said Henry his heirs or assigns shall choose one disinterested person, to make an equal division between them, and in case those persons should not agree about a division, then those two persons shall choose a third disinterested person to make an equal division of the division so made, shall in either case be final and conclusive.
    To have and to hold to my said son Solomon the said equal half of my said real and personal estate, not herein before devised to him his heirs and assigns forever.  And to my said son Henry the said equal half of my said real and personal estate not herein before bequeathed and devised to him his heirs and assigns forever.
    And lastly I do hereby nominate and appoint my wife Maria Freleigh and my friend Valentine Brother to be executors of this my last will and testament, hereby revoking all other wills by me heretofore made and confirming this and no other to be my last will and testament, in whitness whereof I have hereunto subscribed my name and affixed my seal the eighteenth day of November in the year of our Lord one thousand eight hundred and nineteen.
                                        John Freligh (seal)
Signed sealed published and declared by John Freleigh the within named testator, as and for 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 subscribed our names as witnesses thereto.
    Lester Jewett
    Isaac S. Latta
    John Townsend (signed with an X, “his mark”)



Will of Caroline A. Mosey




Last Will and Testament
I, Caroline A. Mosey of the Town of Seneca in the County of Ontario and 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 – I direct that all my just debts and funeral expenses be paid.
    Second – I give bequeath and devise to Charles H. Newkirk (my Brother) all that tract and parcel of land situate in the Town of Seneca County of Ontario and State of New York and being the same premises conveyed by said Charles H. Newkirk to me by deed bearing date September 20th, 1906 and recorded in Ontario county clerks office Sept 24th 1906 in Book no 254 of Deeds at page 525 to have and too hold during his lifetime subject to the following conditions.  First that my mother Mrs. Jane Newkirk shall have a home and necessary support on and from said farm during her lifetime.  Second the mortgage now against said farm and the interest therein shall be paid from the proceeds of said farm and by Charles H. Newkirk.  Said Charles H. Newkirk shall pay all taxes insurance +c on said property.  Third I direct that after the death of Charles H. Newkirk a suitable monument shall be erected in the Newkirk lot in Sand Hill Cemetery, and the old monument sold and proceeds applied to the purchase of said monument, also that the following names shall be inscribed on said monument Wilhelmus V. B. Newkirk, Jane Newkirk, Charles H. Newkirk and that said monument shall be paid for from the proceeds of said farm.  Fourth I direct that after the death of said Charles H. Newkirk my executor shall pay to my sister Fannie Butcher now of Buffalo one hundred and fifty dollars.  Said sum to be paid from proceeds of said farm.  The remainder of this Estate after paying the above bequests shall be divided equally between and among my children Charles Mosey, Anna Mosey, Harriett Mosey, and Jennie Mosey.  Share and share alike.  But if Charles Mosey should die without heirs before the provisions of this will are carried out his share shall be divided between his three sisters Anna, Harriett, and Jennie or those who may survive him.  And in case of the death of either or any of my daughters without issue her share or their shares shall be divided between the surviving sisters.  I further direct that my executor shall use his best judgment in disclosing of said farm so that it shall not be sold at a sacrifice.
    Lastly – I appoint Aaron Mosey executor of this my last Will and Testament:  hereby revoking all former wills by me made.
In Witness Whereof, I have hereunto subscribed my name the 25th of March, in the year One thousand nine hundred and seven.
                        Caroline A. Mosey.
We, whose names are hereto subscribed, do certify, that on the 25th day of March 1907 Caroline A. Mosey the testator, subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be her last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the said date, and write opposite our names our respective places of residence.

Thomas J. Campbell residing at Geneva N.Y. RFD #2
H. H. Burgess residing at Flint N.Y.



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