The last will and testament of PETER BAGGERLY of the town of
Phelps in the county of Ontario.
I PETER BAGGERLY aged sixty years the twelfth of April in the year of
our Lord One Thousand Eight Hundred and Forty Three, being desirous to
discharge the duty which every man owes to his family by making such
provisions for the distribution of my property as shall be just and
equitable, do make and declare the my last will and testament as
follows, First, I direct that the expenses of my last sickness and of
my funeral shall be paid in preference to any desire or legacy herein
Second, I give unto my wife JANE of all my household goods, beds,
bedding, bedsteads and other furniture to her and to her disposal.
Third, I give unto my wife JANE the use of all the stock and farming
utensils that I own at the time of my decease for and during her
natural life and in case of her death the I direct that the same be
divided in equal proportions according to their value thereof amongst
my two sons HARRISON BAGGERLY and BARLOW BAGGERLY or such of them as
shall be living , and in case either of my said sons shall be married
before the death of my said wife, I authorize her in her discretion to
advance and give to such son or either of them such of the said stock
or farming utensils as she may deem expedient not exceeding in value
the share of such son and the above bequests are given unto my wife in
lieu of and in full of her dower in my personal estate.
Fourth, I give unto my two daughters, MARY CAROLINE BAGGERLY and EMILY
JANE BAGGERLY a certain note or writing made and executed by my two
sons, H.O. BAGGERLY of Savannah and dated December 1st 1843 for twenty
acres of land or five hundred dollars in cash at his option and payable
to me in five years, which said note or its avails I give unto my said
daughters MARY CAROLINE and EMILY JANE to be equally divided between
them and their heirs.
Fifth, I give the use of all my real estate which I shall be entitled
to devise at the time of my decease to my wife JANE and my son HARRISON
BAGGERLY and also all my personal estate not heretofore disposed of for
and until they shall pay off and discharge a certain Bond and Mortgage
which I made and executed to the New York Life Insurance & Trust
Company to secure the payment of sixteen hundred dollars and there is
now due one thousand dollars and the interest from the first day of
December 1843, and after the said bond and mortgage is fully paid then
I give the use of the said real estate to my wife for and during her
natural life and this is in full and in lieu of her dower in my real
Sixth, I give and devise unto my son HARRISON BAGGERLY at the decease
of my wife JANE, sixteen acres of land on lot number one hundred and
eleven in the township number eleven in the first range of township in
Ontario County and bounded as follows vis, on the east and with by
lands belonging to HARRISON BAGGERLY on the south by part of the south
line of the said lot and on the west by a line parallel with the east
line and so far distant as shall make and include sixteen acres of land
and the devise given to my said son HARRISON BAGGERLY on condition the
he pay two hundred and fifty dollars to my daughter MARY CAROLINE
BAGGERLY in monies following vis, if he shall marry before the decease
of her mother then he shall pay her one hundred dollars on such
marriage and the remaining sum of one hundred and fifty dollars in two
years after the decease of my wife.
Seventh, I give and devise unto my son BARLOW BAGGERLY after the
decease of my wife JANE, fifty acres of land on lot number one hundred
and eleven in township number eleven of the first range of township in
Ontario County and bounded by as follows vis, on the west and south by
a part of the west and south lines of the lot and on the north by
HARRISON BAGGERLY’S land and on the east by the west line of the piece
of land that I have devised to my son HARRISON BAGGERLY and containing
fifty acres of land and this devise is given to my said son BARLOW
BAGGERLY on condition that he pay two hundred and fifty dollars to my
daughter EMILY JANE BAGGERLY in monies following vis, if she shall
marry before the decease of her mother then he shall pay her one
hundred dollars on such marriage and the remaining sum of one hundred
and fifty dollars in two years after the decease of my wife.
Lastly, I appoint my son ROBERT J. BAGGERLY and HARRISON BAGGERLY
executors of this my last will and testament. In witness where of I
have hereunto set my hand and seal this sixth day of January 1844.
The above instrument consisting of one sheet was subscribed by PETER
BAGGERLY the testator in our presence and was declared by him to be his
last will and testament and we at his request have signed our names
hereto as witnesses.
THOMAS OTTLEY residing in the town of Seneca, Ontario County
ROBERT B. FERGUSON residing in the town of Phelps, Ontario County
At a Surrogate’s Court held at the Surrogate’s Office at the town of
Canandaigua for the County of Ontario on the 12th day of February A.D.
1844. Present, ORSON BENJAMIN, Surrogate.
In the matter of proving the last will and testament of PETER BAGGERLY
late of the town of Phelps in the county of Ontario deceased, relating
to both real and personal estate.
The citation issued on the 29th day of January 1844 to the widow,
heirs, and next of kin of PETER BAGGERLY late of the town
of Phelps in the County of Ontario, deceased, to attend the proof of
the last will and testament of the said deceased.
This day having been duly served and returned and
together with all affidavits of service filed in this office it is so
ordered that the proof of the said will be now taken. ROBERT J.
BAGGERLY and HARRISON BAGGERLY ,executors, willed in the said will
appearing and the said Surrogate now here proceeds to hear and take the
proofs of the said will which said proofs will appear in and by the
following depositions that is to say: THOMAS OTTLEY being produced by
the said executors and testifies as follows vis, I THOMAS OTTLEY reside
in the town of Seneca in the county of Ontario am of lawful age and am
a farmer by profession. I was well acquainted with PETER BAGGERLY late
of the town of Phelps in the county of Ontario, deceased. On or about
the sixth day of January 1844, by the request and agreeably to the
directions of the said PETER BAGGERLY, I drew up the instrument in
writing of that date now here shown to me, as and for the last will and
testament of the said PETER BAGGERLY and when completed as the same now
appears. I read the same carefully to him in his hearing with which he
expressed himself satisfied and signed it at the end opposite a seal
with his name and declared it to be his last will and testament and
therefore ROBERT B. FERGUSON and myself subscribe our respective names
as witnesses to the said will in the presence of the testator and by
The said PETER BAGGERLY although languishing with a
complaint of which he died in about ten days afterwards, was at the
time of the execution of the said will sound in his mind and memory,
acted freely and voluntarily in what he did, without restraint and was
in all aspects competent to make his will and devise real estate in my
opinion. The said will was when it was executed in all respects as it
now appears the name of “HARRISON BAGGERLY” being interlined between
the two upper lines on the second page and the words, “unto my son” and
the word “and” being erased in other lines, and when executed as
aforesaid, enclosed and sealed in an envelope and left with the
Subscribed and sworn in open court this 12th day of
February 1844, before me ORSON BENJAMIN, Surrogate.
ROBERT B. FERGUSON being produced and sworn by and
on the part of the executors testifies as follows vis, I ROBERT
FERGUSON of lawful age reside in the town of Phelps in the county of
Ontario. I was well acquainted with PETER BAGGERLY late of the town of
Phelps in the county of Ontario, deceased. On or about the sixth day of
January 1844, I was present at his residence and saw him subscribe his
name to the instrument in writing now here shown to me of the date last
mentioned at the said opposite a seal, and heard him declare the said
instrument to be his last will and testament and therefore I became a
subscribing witness to the said will by the request of the testator and
in his presence. THOMAS OTTLEY at the same time became a subscribing
witness. The said will when thus executed as aforesaid was sealed up by
Mr. OTTLEY and it was taken by Mrs. BAGGERLY and put away. The mind and
memory of the said testator were at this time clear and distinct and he
acted freely and voluntarily in what he did without restraint and he
was in all respects competent to make his will and devise real estate.
After the death of the testator by the request of the family I opened
the said will and read it in the presence of the family of the said
deceased. I am connected with the family by marrying with a sister of
Subscribed and sworn in open court February 12 1844
before me, ORSON BENJAMIN, Surrogate.
Theretofore I the said Surrogate upon the proofs
aforesaid, being satisfied of the genuineness and validity of the said
will, do order that it be admitted to probate and that the said will
and proofs be recorded.
I certify that the foregoing will of PETER BAGGERLY,
deceased, relating to both real and personal property was, as such,
duly proved before me and together with the forgoing proofs, thereof
was by me duly recorded and executed this 12th day of February A.D. 1844
Will of Everett Baggerly
Record of EVERETT BAGGERLY’S Will
I, EVERETT BAGGERLY of the town of
Manchester in the county of Ontario and state of New York being of
sound mind and memory and in the eighty sixth year of my age
considering the uncertainty of life and the certainty of death do
publish and declare this to be my last will and testament in the manner
following to wit.
First, I will that my funeral expenses be paid at
the time of my burial or as soon thereafter as may be convenient.
Second, to pay all my just debts. Third, I will that my executors see
that there is a tomb stone to my grave of the same style and quality of
the one to be placed to the grave of my wife now deceased.
Fourth, it is my desire that FANNY M. SHERIFF, my
daughter, and S.T. SHERIFF, her husband, live with me during my life
time then in such case I will to FANNY M. SHERIFF, my daughter, the
house and village lot where I now live in the village of Clifton
Springs in the town of Manchester county of Ontario and state of New
York together therewith all the goods, wares and merchandise, tools and
implements of whatever manner or nature belonging to me.
Fifth, it is my will that there be paid the sum of
one hundred dollars in four years after my death to the missionary
society of the Methodist Episcopal Church. Sixth, the remaining part of
my property I will that it should be divided in six equal parts and
after being so declared I will one part to JOHN W. BAGGERLY, my son,
and one part to PLOOY ANN BROCKMAY, my daughter, and one part to FANNY
M. SHERIFF, my daughter, and one part to LOTTIE BELL SHERIFF, she being
the granddaughter of my daughter CHARLOTT O. SHERIFF. The remaining one
sixth part I will it to be divided equally between, THERRISA HARTWELL,
HELEN GOODWIN and LILLIE MOORE who are the children of OLIVE B. MOORE,
Seventh, for the purpose of carrying out the
provisions of this will I appoint LARRY METCALF and S.T. SHERIFF my
executors. Eighth, the foregoing will is intended to and does revoke
all other wills made by me. Given under my hand and seal at Clifton
Springs the 29th day of May 1871.
In the presence of; D.A. SISKS, J.M. KNOWLES
I certify the foregoing to be a true copy of the will of EVERETT
BAGGERLY deceased proved before me recorded and compared April 5th 1875.
Many, many thanks to Sandra Kluge
for donating these documents.
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