Will of EBENEZER HOYT, Canandaigua, Ontario, New York

Sampubco Will, Ebenezer Hoyt, NY-35-12-46

Submitted by Ellis Howard, (howard.ellis1@gmail.com)

Knew ye, That at the town of Canandaigua in the county of Ontario, on the 2nd day of June, 1817 before Stephen Phelps, Surrogate of our said county, the last Will and Testament of Ebenezer Hoyt, deceased, was proved, and is now approved and allowed by us; and the said deceased having while he lived and at the time of his death, goods, chattels or credits, within the state, by means whereof the proving and registering of said Will, and the granting Administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharged the account thereof, doth belong unto us: the administration of all and singular the goods, chattels and credits of the said deceased and any way concerning will, is granted unto Rebecah Hoyt, relict of the said deceased, Executrix in the said will named, hereby requiring you will and faithfully to administer the same, and to make and 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. /s/ Stephen Phelps, Surrogate

In the name of God, Amen.  Ebenezer Hoyt of Lima, County of Ontario and State of New York being weak in body but of sound perfect mind and memory, blessed by God for the same considering the uncertainty of this mortal life do make and publish this my last will and testament in manner and form following, that is to say:

First I give my soul to Almighty God in the firm belief of the immortality.

Second, I give and bequeath unto my dearly beloved wife Rebecah Hoyt all my estate real and personal excepting sufficient to what debts I owe, in trust for my children until the youngest of them shall arrive at the age of twenty one years ___.  That when my said youngest child shall arrived at the full age of twenty one years I give and bequeath to each and every of them an equal proportion of my estate real and personal except my son Joseph Hoyt to whom I give five dollars.  Reserving ____of my property for my dearly beloved wife sufficient for her maintenance after the youngest of my said children shall have arrived at the age of twenty one years.

Lastly, I do hereby appoint my dearly beloved wife Rebeah Hoyt sole executrix of this my last will and testament hereby revoking all form in wills by me made.  In witness whereof I have hereunto set my hand and seal the second day of December in the year of our Lord one thousand eight hundred and fifteen.  Signed sealed published and delivered by the above named Ebenezer Hoyt to be his last will and testament in presence of us who have hereunto subscribed our names as we witnessed in the presents of the testator.  /s/ J.D. Commins, Jedediah Commins, Anna Commins.  /s/ Ebenezer Hoyt

I, Ebenezer Hoyt of Lima, County of Ontario and state of New York do this second day of December A.D. 1815 make and publish this codicil to my last will and testament in manner following.   That is to say I give to my daughter Mary Hoyt  the cow and ____now called ___ and thirty dollars to be paid her out of my personal estate within six months from the time of my decease over and above what I gave her in my last will and testament and  whereas it is my intention that my son Charles Hoyt shall be put to learn some useful trade in which case he is not to share with the others of my children but shall be paid five dollars when he shall arrive at the age of twenty one years.  Any, lastly it is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents and purposes.

 In witness whereof I have hereunto set my hand and seal this second day of December, in the year of our Lord one thousand eight hundred and fifteen.

 

/s/ Ebenezer Hoyt

Signed sealed and published and declared by the above named Ebenezer Hoyt as a codicil to his last will and testament in the presence of: J. D. Commings, Jedediah Commins, Anna Commins