Will of John B. Travis

Will of John B. Travis  (Died September 6, 1857)

In the name of God, amen.  I, John B. Travis, of the town of Bristol, in county of Ontario, state of New York, of the age of forty-four years, and being of sound mind and memory, do make, and publish, and declare this my last will and testament, in manner following that is to say: 

First, it is my will, wish, and desire that all the property both real and personal shall be kept together till my youngest child shall be twenty-one years of age.  The children to be brought up, schooled, clothed, and all necessary expenses paid as near as may be as I have done heretofore; the farm worked to the best interest of all the children and wife till the said youngest is full twenty-one years of age.  And further it is my will, in due time, after my decease to sell at public auction, all personal property except what is actually necessary for the family’s use and the use of the farm, or farming purposes, and the proceeds of said sale to be kept on interest for the use and behalf of my children and wife till my youngest child is twenty one years of age.  And I also will and declare that my executors, administrators or assigns whom I herein after nominate shall have full power to sell and convey by deed, in fee simple, my farm, or real estate, at the time my youngest child is twenty one years of age, or as soon after as may be for the interest of all the children and my wife, and if a sale can not be affected for their interest, so as not to sacrifice in said sale, I order said farm to be let or rented till a fair sale can be made.  And lastly I will, order and direct my executors after paying all my debts to divide the remainder of both real and personal property that is, the amount of both, equally between my children, or their heirs, and wife, Louisa Travis, which here she accepts in lieu of dower:  Now therefore I nominate and appoint Norman W. Randall, and Martin Goff, executors of this my last will and testament.  In witness thereof, I have here into set my hand and seal, this twenty first day of November in the year of our Lord one thousand eight hundred and fifty six. 

The above instrument consisting of one ___ was at the date thereof signed, sealed, published and declared by the said John B. Travis, as and for his last will and testament in the presence of us who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.

The ____ was done before signing Wm. Martin, residing in Canandaigua, Ontario county, New York

Alonson Reed residing in Bristol, Ontario, County New York,

The following is the record of John’s will being proofed after his death.

State of New York Ontario County Surrogate Court. Be it remembered that on the day of the date of these presents the forgoing will of John B. Travis deceased was admitted to probate and proved before me the subscriber Surrogate of the said county as a will of real and personal estate and recorded. 
In testimony where of I have here unto subscribed my name at Canandaigua the 27th day of November AD 1857 and affixed the seal of my said office
        Orson Benjamin

The petition of Louisa Travis of the town of Bristol in the county of Ontario respectfully showeth.

That your petitioner was lawfully married to John B. Travis late of said town of Bristol, deceased in his lifetime and lived and cohabited with him until the time of his death which event happened on the sixth day of September A.D. 1857.  That the said John B. Travis during the marriage and cohabitation aforesaid was seized ??(I could not make out what this said)?? of an estate of inheritance of in and to the following described lands and tenements which are situated in the said county, and that Rufus W. Travis, Eliphaz P. Travis, Mary R. Travis, Julia Travis, and Robert C Travis claim to be the owners of said lands and tenements as children and devisees and heirs at law of the said John B. Travis deceased, who left a will in which he gave the said lands and tenements to his said children and his said wife the said petitioner, which children are all minors under the age of twenty-one years except the said Rufus W. Travis who is of full age, and that Alanson Reed of Bristol aforesaid is the general guardian of the said Eliphaz P. Mary R. and Robert C. Travis and the special guardian of the said Julia Travis who has no general guardian, and that the said lands are now in the actual possession of the said petitioner and the said Rufus W., Eliphaz P. Mary R, and Robert C. and are described as follows, vix, all that certain ___ or parcel of land situated in the town of Bristol aforesaid and bounded on the north by lands of Daniel and William Wilder, on the east by lands of Philander Stiles from which it is separated by the town line, and the south by lands of Norman W. Randall and on the west by lands of Byron Tiffany containing one hundred and twenty acres of land more or less.

Your petitioner therefore prays the said Surrogate for the Order that admeasurements may be made of the Dower of the said petitioner Louisa Travis and which she is entitled to in the said lands and premises above described with the here ____ and that three reputable freeholders and who are disinterested may be appointed  for the purpose of making the admeasurement ___ to the ___ ___ of the state of New York in such case made and provided Dated August 14, 1858.
                -signed Louisa Travis signed-   

_____ __ : Lousia Travis of the town of Bristol being duly sworn says that the above petition signed by her and which has been made to read to her and known the contents thereof is true in substance and matter of fact.
                -signed Louisa Travis signed-
____ and sworn this 14th day of August A.D. 1858 before me Orson Benjamin Surrogate.

To W. Alanson Reed General guardian of Eliphaz P. Travis, Mary R. Travis and Robert C. Travis and special guardian of Julia Travis minor children of John B. Travis deceased and to Rufus W. Travis.

You are required to take notice that a petition of which the ____ is a copy will be presented to Orson Benjamin Surrogate of the County of Ontario at the Surrogate’s Office in Canandaigua in said county on the sixth day of September next at ten o’clock A.M.
                -signed Louisa Travis signed-
I hereby acknowledge due ___ of a copy of the written petition and notice and I hereby consent to act as special guardian of the within named minor Julia Hicks otherwise called Julia Travis.

                -signed Alonson Reed signed-
                -signed R.W. Travis signed-

Ontario County __:  Alanson Reed being sworn says that he subscribed the above acknowledgement of service of the foregoing petition and notice and that the said Rufus W. Travis subscribed the said acknowledgement in the presence of this ______ subscribed and sworn this 6th day of September A.D. 1858 before me Orson Benjamin Surrogate
                -signed Alonson Reed signed-

This will has been generously donated by Richard Travis.  Thank you, Richard.

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