Livingston County NY GenWeb
Abstracted Wills & Probate Records


 
Silas Acker

Wife: Phebe
Children: Sally Ann Warner, Franklin Acker, Rosina Sidona Acker, Euretta Percil, James Acker, Silas Acker , Newman Acker, Samuel Acker, Jane Wills, Harriet Acker

Repository: Livingston County Courthouse, Geneseo, NY.
Will Book Vol 6, page 553. Written: November 13 1865. Recorded: January 15 1866.

The Last will and Testament of Silas Acker, Deceased

Be it remembered, that heretofore, to wit: on the 13th day of November in the year of our Lord one thousand eight hundred and sixty five, Executor name in the Last Will and Testament of Silas Acker late of the town of Livonia in the County of Livingston deceased, appeared in open Court, before the Surrogate of the County of Livingston and made application to have the said Last Will and Testament, which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin by their respective names, stating their respective places of residence , requiring them to appear before said Surrogate at his office in the Village of Genese in said County, on the 8th day of January A.D. 1866, to attend the Probate of said Will,

And afterwards, to wit: on the 15th day of January A.D. 1866. To which said proceedings may adjourned, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, on one appearing to oppose the Probate of such Will, such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said will hereinafter set forth, upon this 15th day of January A.D. 1866, and be thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs, are as follows, that is to say:

I Silas Acker of the town of Livonia in the county of Livingston and State of New York of the age of sixty eight years and being of sound mind & memory do make publish and declare this my last Will and Testament in manner following that is to say.___

First I give and bequeath to my wife Phebe Acker the use and interest of all my real and personal estate (after my debts are paid out of any personal property) during her natural life time, to be accepted and received by her in lieu of dowry, except such gifts and, bequests as are herein after mentioned. She is also to take care of and provide for my son Franklin Acker and my daughter Rosina Sidona Acker until are Twenty one years of age in case she should live until said children are of that age, they are to go to school enough to get a good education capable of doing any common business.

2nd - I give and bequeath to my daughter Sally Ann Warner the amount that I have already let her have being about six hundred and twenty dollars which debt is hereby cancelled paid/-

3rd - I give and bequeath to my daughter Euretta Percil the amount that I have already let her and her husband have being about one hundred and three dollars which debt is hereby paid/-

4th I give and bequeath to my son James Acker the amount that I have already let him being about three hundred dollars which debt is also hereby paid or satisfied/-

5th I give and bequeath to my son Silas Acker the amount of a mortgage that I assigned to him against Noah Tibbles being about six hundred dollars which amount due me for said mortgage is hereby satisfied & paid/-

6th I give to my son Newman Acker the amount that I have already let him have being about three hundred dollars which amount is also considered paid & satisfied/-

7th I give and bequeath to my son Samuel Acker the amount that I paid Silas Shay for him being five hundred dollars which amount is hereby considered paid/-

8th I give to my daughter Jane Wills a certain piece of land situate in the State of Indianna and being the north east quarter of the southeast quarter of section seventeen in township 29 north of Range then east of the second principle meridian in the district of land and containing forty acres and being the same land sold to me by one Benington and wife by deed dated Oct 10th 1854 to have and to hold the same herself, her heirs and assigns forever/-

9th I give and bequeath to my daughter Harriet Acker a certain piece of land situate in the village of Lakeville county of Livingston, N. Y. and bounded on the east by land owned by Nathan Harding, on the north by land owned by Erasus West on the west by land formerly owned Erasus West and the south by the highway containing about two and one half acres of land be the same more or less to have and to hold the same for herself her heirs and assigns forever/-

10th I give and bequeath to my son Franklin Acker and my daughter Roseina Sidona Acker the remainder of my real estate and fixtures there on being about forty acres of land to be divided/ equally between them at the death of my wife Phebe Acker to have and to hold the same for themselves their heirs and assigns forever/-

1th In case my daughter Harriet Acker should marry before my wife death it is my will that she shall have enough out of my personal property to buy her a good setting out for house keeping/-

12th And last I give and bequeath to my daughter Euretta Percil and Harriet Acker the remainder of my personal property to be divided equally between them at the death of my wife and I hereby appoint David Gray my executor of this my last will and testament hereby revoking all other wills by me made/-

In witness whereof I have hereunto set my hand and seal this 26th day of March 1860- Silas Acker (S.A.)

The above instrument consisting of two pieces of paper was at the date thereof signed sealed published & declared by the said Silas Acker as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our manes as witnesses thereto

Sarah Van Valkenburg. Groveland Liv. Co. New York
Wm. J. Carnes Livonia Liv. Co. New York.

SURROGATE'S COURT.

In the matter of probing the last will and testament Of Silas Acker, Deceased,

Livingston Count, SS,

Wm J. Carnes and Sarah Van Valkenburg being first duly sworn in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witnesses to the last Will and Testament of Silas Acker late of the town of Livonia in the County of Livingston and State of New York deceased; And the deponents do further say, that the said Silas Acker deceased did, in the presence of each of these deponents, subscribe his name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to be the last Will an Testament of the said deceased, and which bears date on the 26th day of March one thousand eight hundred and sixty three. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to be his last Will and Testament; and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting Witnesses to the execution thereof, each at the request of the said deceased, and in his presence and in the presence of each other.

That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age and a citizen of the United States, that he appeared to be and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate, that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased

Wm J. Carnes
Sarah Van Valkenburg

Subscribed and sworn to before me this
15th day of January A.D. 1866
S. Hubbard
County Judge
Livingston County, SS.

I'm appearing upon the proofs taken in respect to the Last Will and Testament of Silas Acker late of the town of Livonia in the County of Livingston and State of New York, deceased, that the said Will was duly executed, and that the said Silas Aker at the time he executed the same, was in all respects competent to devise real estate, an not under restraint, the said last Will and Testament an the proofs and examinations are herby recorded, signed and certified by me, pursuant, to the provisions of the Revised Statutes, 15th day of January A.D. 1866.

------------Rev. Stamp cancelled
S. Hubbard SURROGATE.


Contributor: Kay Doss (kdoss @ cvalley.net)


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