Will of Nathaniel Lewis


 
Be it remembered that heretofore, to wit: on the seventh day of July in the
year One thousand eight hundred and fifty-seven, Henry W. Lewis and Henry
Sarles, the sole Executors named in the last Will and testament of Nathaniel
Lewis, late of the Town of Morris in the County of Otsego, deceased, appeared
in open court before the Surrogate of the County of Otsego 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 Surrogate did
ascertain by satisfactory evidence who were the widow, heirs 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 said widow, heirs
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 Cooperstown in said County on the twenty-fourth day of August then
next thereafter to attend the probate of the said Will; and afterwards, to
wit: on the said twenty-fourth day of August, satisfactory evidence by
affidavit was produced and presented to said Surrogate of the service of the
said Citation in the mode prescribed by law and, on that day, no one appearing
to oppose the probate of such Will, such proceedings were, thereupon, had;
afterwards, that the Surrogate took the proof of said Will, hereinafter set
forth upon this twenty-fourth day of August in the year One thousand eight
hundred and fifty-seven, and he adjudged the said Will to be a valid Will of
real and personal estate, proved and the proofs thereof to be sufficient,
which said last Will and testament and proofs are as follows, that is to say:

WILL
The Last Will and Testament of Nathaniel Lewis of Butternuts in the County of
Otsego and State of New York:

I, the said Nathaniel Lewis, considering the uncertainty of this mortal life
and being of sound mind and memory, do make and publish this, my last Will and
testament, in manner following, to wit: I give and bequeath to my son, George
W. Lewis, the use of the farm on which he now resides in the Town of Amboy in
the County of Oswego and State aforesaid, containing one hundred and eight and
a half acres of land, during his life time and the use of it to his present
wife during her life after the decease of said George W., as long as she shall
remain his widow and then the said farm to the children of said George W. and,
also, I give to said George W. one note of hand that I hold against him, given
some three years since, for two hundred eighty-two dollars nineteen cents.
Also, I give and bequeath to my son, Israel P. Lewis, the use of the farm on
which he now lives in said Town of Butternuts, containing twenty-three and a
half acres, during his natural life and the use of it to his present wife
during her life time after the decease of said Israel P., as long as she shall
remain his widow and then the said farm to the children of said Israel P. and,
also, I give to said Israel P. a note of hand that I hold against him, given
some three years since, for sixty-five dollars sixty-eight cents. Also, I give
and bequeath to my son, Nathaniel Clark Lewis, the use of a lot of land,
situate in the Village of Holmesville in the Town of New Berlin, Chenango
County, that was deeded to me by James L. Burlingame, containing about ten
acres, during his natural life and the use of it to his present wife during
her life time after the decease of said Nathaniel C. or as long as she shall
remain his widow. Also, I give and bequeath to my daughter, Mary, wife of Asa
Hammond, one hundred dollars if she shall be living; if not, to her children.
Also, I give and bequeath to my son, Thomas J. Lewis, the use of the farm on
which he now lives in said Town of Amboy, containing one hundred and
twenty-five acres, during his natural life and the use of it to his present
wife during her life after the decease of said Thomas J. or  while she remains
his widow and then to the children of said Thomas J., the said farm. Also, I
give to said Thomas J. a note of hand I hold against him, given for
forty-seven dollars and seven cents, given some three years since. Also, I
give and bequeath to my daughter, Sarah, wife of Henry Sarles, five hundred
dollars if she should be living; if not, to go to her children. Also, I give
and bequeath to Amanda M., wife of Billings Lamfear, five hundred dollars if
she shall be living; if not, to go to her children. Also, I give and bequeath
to my son, Henry W. Lewis, the homestead or farm on which I now live,
containing one hundred and eighty acres, the use of the same during his
natural life and the use of the same to his present wife during her life time
after the decease of said Henry W. if she should out live him or while she
shall remain his widow and then I give the said farm to the children of said
Henry W., conditioned that said Henry W. or his heirs shall fence with a good
handsome stone wall with a suitable gate there to the burying ground situated
on said farm, of the same size as it is now fenced out; said wall and gate to
be made as soon as convenient after my decease, if not done before. Also, said
Henry W. or his heirs are to procure and set up, at the graves of myself and
wife, soon after our decease, grave stones of white marble to be worth each
about twenty-five dollars and, also, said burying ground is to be and forever
to remain as a family burying ground for my family and their offspring. And,
also, said Henry W. or his heirs is to provide for and support, in a good and
suitable manner, my wife, Mary, during her natural life, in sickness and in
health, after my decease and, also, is to pay all funeral charges and expenses
of myself and my said wife and, also, the above bequest to my said son, Henry,
is to be in full satisfaction for all services rendered to me during my life
time and for all support of myself and my said wife during our lives, by him
rendered. Also, I give and bequeath unto my said wife, Mary, all the residue
of my estate, to be used, occupied and enjoyed by her during her natural life
or while she remains my widow. Also I give and bequeath to my said sons the
use and rents of the said above pieces of land, to each of them as above
bequeathed, until my decease, excepting that part bequeathed to Henry. I am to
have my support for myself and wife out of it and whatever our remains, if he
occupies it, he is to have it free of rent. Also, I do hereby appoint my said
son, Henry W. Lewis, and my said son in law, Henry Sarles, my Executors to
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 the twenty-ninth day
of August, Eighteen hundred and forty-eight.

(Signed) Nathaniel Lewis (L. S.)

The written instrument, consisting of one sheet, was now here subscribed by
Nathaniel Lewis, the testator, in the presence of each of us and was, at the
same time, declared by him to be his last Will and testament and we, at his
request, sign our names hereto as attesting witnesses.

(Signed) Enos S. Halburt - residing in Butternuts, Otsego County
(Signed) Achsah Lee Halburt - residing in Butternuts, Otsego County


Whereas I, Nathaniel Lewis of the Town of Morris, County of Otsego and State
of New York, having made my last Will and testament in writing, bearing date
the twenty-ninth day of August, Eighteen hundred and forty-eight, now I do by
this, my writing, which I hereby declare to be a Codicil to my said Will, to
be taken as a part thereof, give and bequeath to my son, Nathaniel Clark
Lewis, the use of three hundred dollars during his natural life and the use of
it to his present wife during her life time after the death of said Nathaniel
C. or as long as she shall remain his widow and, after the death of said
Nathaniel C. and his wife or in case said wife shall cease to be his widow by
reason of her marriage, I will and bequeath said three hundred dollars to the
surviving children of said Nathaniel Clark, which is in lieu of the use of the
piece of land bequeathed to them in my said Will, I having sold said piece of
land, and it is my will that this, my Codicil, be made a part of my last Will
& testament. In witness whereof, I have hereunto set my hand and seal this
27th day of February 1850.

(Signed) Nathaniel Lewis (L. S.)

The above instrument of one sheet was, at the date thereof, declared to us by
the testator, Nathaniel Lewis, to be a Codicil, to be made a part of his last
Will and testament and he acknowledged to each of us that he had subscribed
the same and we, at his request, sign our names hereto as attesting witnesses.

(Signed) Enos S. Halbert - residing in Butternuts, Otsego County
(Signed) Achsah Lee Halbert - residing in Butternuts, Otsego County


Whereas I, Nathaniel Lewis of the Town of Morris, County of Otsego and State
of New York, having made my last Will and testament in writing, bearing date
the twenty-ninth day of August, Eighteen hundred and forty-eight, and also a
Codicil to my said Will, dated the twenty-seventh day of February, Eighteen
hundred and fifty, now I do hereby further make this, a Codicil to my said
Will, to be taken as a part thereof, to wit: In my said Will, I gave and
bequeathed to the children of my son, Israel P. Lewis, after the death of
their father and mother, the farm of twenty-three and a half acres of land.
Now, I do hereby revoke that part of said Will as pertains to the children of
said Israel P. Lewis and, instead thereof, I will and bequeath the same, after
the decease of said Israel P., to the two sons of said Israel P., to wit:
Nelson Lewis and Jay Lewis, to be equally divided between them. In witness
whereof, I have hereunto set my hand and seal this 27th day of June 1856.

(Signed) Nathaniel Lewis (L. S.)

The above instrument of one sheet was, at the date thereof, declared to us by
the testator, Nathaniel Lewis, to be a Codicil, to be made a part of his last
Will and testament and we, at his request, sign our names hereto as attesting
witnesses.

(Signed) Enos S. Halbert - residing in Butternuts, Otsego County, N. Y.
(Signed) Mary Jennie Halbert - residing in Butternuts, Otsego County, N. Y.


Whereas I, Nathaniel Lewis of Morris, County of Otsego and State of New York,
having made my last Will and testament in writing, bearing date the
twenty-ninth day of August, One thousand and eight hundred and forty-eight,
and also a Codicil to my said Will, dated the twenty-seventh day of February,
One thousand eight hundred and fifty, and also another Codicil, bearing date
One thousand eight hundred and fifty-six, the twenty-seventh day of June, now
I do hereby further make this as a Codicil to my last Will, to be taken as a
part thereof, to wit: that all the legacies that were devised and made by me
in my last Will and testament and former Codicil are ( ) and it is my will to
have paid out of the personal property that I may be possessed at my decease
and it is my will that my wife, Mary, shall have the use of the remainder of
all the personal property that shall be left, after the legacies above
described are paid, during her life time and, at her decease, to be equally
divided between my two daughters, Amanda, wife of Billings Lamfear, and Sarah,
wife of Henry Sarles, to be equally divided between them, and it is my will
that this, my Codicil, be made a part of my last Will and testament. In
witness whereof, I have hereunto set my hand and seal this eleventh day of
November, One thousand eight hundred and fifty-six.

(Signed) Nathaniel Lewis (L. S.)

The above instrument of one sheet was, at the date thereof, described to us by
the testator, Nathaniel Lewis, to be a Codicil, to be made a part of his last
Will and testament and we, at his request, signed  our names hereto as
attesting witnesses.

(Signed) Phineas C. Ball - residing in Morris, Otsego County
(Signed) Charles Bailey - residing in Otsego County


In the matter of proving the Last Will and Testament of Nathaniel Lewis,
deceased
Otsego County ss:

Achsah L. Beebe, formerly Achsah L. Halburt, residing in the Town of Lincklaen
in the County of Chenango, and Enos S. Halbert of the Town of Butternuts in
the County of Otsego, being duly sworn and examined before Thomas McIntosh
Jr., Surrogate of the County of Otsego, do depose and say they were well
acquainted with Nathaniel Lewis, now deceased; that they were present as
witnesses and did see the said Nathaniel Lewis subscribe his name at the end
of the instruments, in writing, now produced and shown to these deponents,
bearing date the 29th day of August in the year One thousand eight hundred and
forty-eight and the 27th day of February, One thousand eight hundred and
fifty, purporting to be the Last Will and Testament of the said Nathaniel
Lewis, deceased, and a Codicil to said Last Will and Testament; that the said
Nathaniel Lewis, at the time of making the said subscriptions, declared the
said instruments to be his Last Will and Testament and a Codicil to said Will
and requested these deponents to sign their names as witnesses thereto.
Thereupon, these deponents accordingly signed their names as witnesses at the
end of the said instruments. These deponents further say that the said
Nathaniel Lewis, at the times he so executed the said instruments, was a
citizen of the United States, of full age, of sound mind and memory, in all
respects competent to devise real estate and not under restraint; and the said
Enos S. Halbert further says that he wrote the said Will and Codicil at the
request of the said Nathaniel Lewis, deceased, and that he read the said Will
& the Codicil to the said Nathaniel Lewis previous to his signing either of
the same.

(Signed) Achsah L. Beebe
(Signed) Enos S. Halburt

Sworn to before me this 24th day of August 1857
(Signed) Thomas McIntosh Jr., Surrogate


In the matter of proving the Last Will and Testament of Nathaniel Lewis,
deceased
Otsego County ss:

Enos S. Halburt and Mary Jennie Halburt of the Town of Butternuts in the
County of Otsego, being duly sworn and examined before Thomas McIntosh Jr.,
Surrogate of the County of Otsego, do depose and say they were well acquainted
with Nathaniel Lewis, now deceased; that they were present as witnesses and
did see the said Nathaniel Lewis subscribe his name at the end of the
instrument, in writing, now produced and shown to these deponents, bearing
date the 27th day of June in the year One thousand eight hundred and
fifty-six, purporting to be a Codicil to the Last Will and Testament of the
said Nathaniel Lewis, deceased; that the said Nathaniel Lewis, at the time of
making the said subscription, declared the said instrument to be a Codicil to
his Last Will and Testament and requested these deponents to sign their names
as witnesses thereto. Thereupon, these deponents accordingly signed their
names as witnesses at the end of the said instrument. These deponents further
say that the said Nathaniel Lewis, at the time he so executed the said
instrument, was a citizen of the United States, of full age, of sound mind and
memory, in all respects competent to devise real estate and not under
restraint; and the said Enos S. Halbert further says that he, at the request
of the said Nathaniel Lewis, deceased, wrote the said Codicil; that he read
the same to the said Nathaniel Lewis before he subscribed the same & that he
attached the said Codicil to the Will & left it with the said Nathaniel Lewis,
deceased.

(Signed) Enos S. Halburt
(Signed) Mary Jennie Halburt

Sworn to before me this 24th day of August 1857
(Signed) Thomas McIntosh Jr., Surrogate


In the matter of proving the Last Will and Testament of Nathaniel Lewis,
deceased
Otsego County ss:

Phineas C. Ball and Charles Bailey of the Town of Morris in the County of
Otsego, being duly sworn and examined before Thomas McIntosh Jr., Surrogate of
the County of Otsego, do depose and say they were well acquainted with
Nathaniel Lewis, now deceased; that they were present as witnesses and did see
the said Nathaniel Lewis subscribe his name at the end of the instrument, in
writing, now produced and shown to these deponents, bearing date the 11th day
of November in the year One thousand eight hundred and fifty-six, purporting
to be a Codicil to the Last Will and Testament of the said Nathaniel Lewis,
deceased; that the said Nathaniel Lewis, at the time of making the said
subscription, declared the said instrument to be a Codicil to his Last Will
and Testament and requested these deponents to sign their names as witnesses
thereto. Thereupon, these deponents accordingly signed their names as
witnesses at the end of the said instrument. These deponents further say that
the said Nathaniel Lewis, at the time he so executed the said instrument, was
a citizen of the United States, of full age, of sound mind and memory, in all
respects competent to devise real estate and not under restraint; and the said
Phineas C. Ball further says that he, at the request of the said Nathaniel
Lewis, deceased, wrote the said Codicil and that he read the same to the said
Nathaniel Lewis before he subscribed his name to the same and that he attached
the said Codicil to the Last Will and Testament of said Nathaniel Lewis,
deceased, & delivered the same to him..

(Signed) Phineas C. Ball
(Signed) Charles Bailey

Sworn to before me this 24th day of August 1857
(Signed) Thomas McIntosh Jr., Surrogate

County of Otsego ss:

It appearing, upon the proofs duly taken in respect to the Last Will and
Testament of Nathaniel Lewis, late of the Town of Butternuts in the County of
Otsego, deceased, that the said Will was duly executed and that the said
Nathaniel Lewis, at the time he executed the same, was in all respects
competent to devise real estate and not under restraint. The said Last Will
and Testament and the said proofs and examinations are hereby recorded, signed
and certified by me, pursuant to the provisions of the Revised Statutes, this
twenty-fourth day of August in the year of our Lord One thousand eight hundred
and fifty-seven.

(Signed) Thomas McIntosh Jr., Surrogate


Will was written Aug 2 1848 Recorded Jul 17 1857