Cortland County
Probate Records
Henry Dains

Will of Henry Dains

 

Cortland Co, NY will book vol. A page 29

Will of Henry Dains, Truxton, County of Cortland, NY

Probate: 14 July 1834

 

Proof of the Will of Henry Dains

At a Surrogates Court held at the Surrogates office in the Town of Homer, Cortland County on the fourteenth day of July, 1834 before Townsend Rop, (Ross?) Surrogate, for the purpose of proving and recording the last Will and Testament of Henry Dains, late of the Town of Truxtown in the said County of Cortland, as a Will of Real and personal estate, on the application Elizer W. Edgecomb and Barak Niles executors, and Azenath Daines Executrix and widow of the said Henry Dains, and no objections being made:

Due Service of the notice on the heirs at law and next of kin of the deceased, according to law, of their intent of proving the Will as aforesaid on the day and year aforesaid. And also, it was proved that due service of the citation by the Surrogate to show cause why probation or proof of the same Will should not be taken at the time and place aforesaid on the application of the executors and executrix aforesaid, and no objections being made, it was proved the Eleazor W. Edgcomb, had the custody of the Will until handed to the Surrogate, and that the said Henry Dains was a resident of Truxton, in the County of Cortland, and that he, the said Henry, departed this life on or about the sixth day of June 1834, at Cortlandville in said County.

It was further proved by Daniel Hawks, and Elias B. Thomas, the subscribing witnesses to the Will, that they witnessed the Will of the said Henry Dains, deceased, that it was the last Will and Testament of the said Henry Dains, bearing date the twelfth day of May, Eighteen Hundred and Thirty Four, that they heard the said Henry Dains declare the same to be his last Will and Testament and that they did subscribe their names thereto as witnesses thereto at the request of the said Henry Dains and further that at the time then of the said Henry Dains was of sound mind and memory of full age and not under any restraint Whereupon I allowed the said Will to be recorded and probation thereof granted.

Witness Townsend Rop (Ross?), Surrogate of Cortland County, this Fourteenth day of July 1834

 

The last will and testament of Henry Dains of Truxton, County of Cortland and State of New York.

I, Henry Dains being of sound mind and memory do make and publish this my last will and testament in manner following, that is to say:

First: I make and bequeath unto my dearly beloved mother Currance Dains, a maintainance out of my property to be furnished her as long as she shall live, together with the privilege of continuing on the farm where she now resides if she shall so choose for the same length of time.

Secondly, I do hereby give and bequeath unto my dearly beloved children, Adin and Henry, two- thirds of all my personal estate to be divided equally between them, one third to each, and I do further give and devise to my said children all my real estate to be equally divided between them or the avails of the same as herein after directed to be equally shared by them subject to the restrictions herein after mentioned.

Thirdly, I do give devise and bequeath unto my dearly beloved wife, Asenath, one third of my real estate so long as she shall live provided the said real estate is not sooner disposed of for the benefit of my said children, and upon the express condition that if it should be deemed advisable for the benefit of the said children by the executors herein after named to sell or lease the same and to invest the proceeds, she shall sign a written relinquishment of her right of Dower and every other claim she may have to the piece or parcel of land so to be sold when the same shall have been contracted by the said executors and she called upon by them to relinquish the same.

It is hereby intended that my said mother, Currance, shall receive her support from my property and that every gift and devise herein mentioned is to be taken subject to that restriction and from each portion so given or devised as aforesaid, shall be deducted its proportionate share for this purpose in such a manner as the executors hereinafter named shall direct.

And I do hereby empower my executrix and executors herein after named to dispose of all my real estate for the benefit of my said children if they shall deem it most advantagious for their interests, and to invest the avails in a manner which shall be most secure and productive till my said children shall respectively arrive at the age of twenty one years. And, I do hereby commit unto my executrix and executors the guardianship of my said children and empower them to lease or sell for their benefit the property herein intended to be given them.

And I do hereby appoint my beloved wife, Asenath, Executrix and Eliazer W. Edgcomb of Cortlandville, and Barak Niles of Cincinatus, Executors of this my last will and testament, hereby revoking all former Wills by me made.

In witness whereof I have hereunto set my hand and seal this 2nd day of May in the year of our Lord, One Thousand Eight Hundred and Thirty Four.

Henry Dains L.S.

Signed, sealed published and declared by the Testator to be 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

Daniel Hawks of the Town of Cortlandville, in the County of Cortland, and State of New York.

Witnesses:

E. B. Thomas of the Town of Cortlandville, in the County of Cortland, and State of New York.

Transcribed from SAMPUBCO photocopy by Dorothy E. Burr (deburr @ infoblvd.net)




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