Will of Thomas Burnside


 
Be it remembered that heretofore to wit on the seventh day of March in the
year one thousand eight hundred and fifty three Thomas Burnside executor named
in the last will and testament of Thomas Burnside late of the town of Milford
in the county of Otsego deceased appeared in open court before the Surrogate
of the county of Otsego and made application to have the last will and
testament which relates to both real and personal estate proved and on such
application on the Surrogate did ascertain by satisfactory evidence who were
the heirs and next of kin of the said testator and their respective residences
and some of the said heirs appearing to be minors having no general guardian a
special guardian was appointed for the sole purpose of taking care of the
interests of said minors in the matter of proving the said will by an order
duly entered for that purpose by said Surrogate and the said Surrogate did
thereupon issue a citation in due form of law directed to the said heirs next
of kin and special guardian by their respective names stating their respective
places of residence requiring them to appear before the said Surrogate at his
office in Cooperstown in said county on the twenty fifth day of April then
next at ten o'clock in the forenoon of that day to attend the probate of the
said last will and testament and afterward to wit on the said twenty fifth day
of April satisfactory evidence by affidavit was produced and presented to the
said Surrogate of the devisee of the said citation in the mode prescribed by
law and on that day no one appearing to oppose the probate of the said will
such proceedings were thereupon had afterwards that the Surrogate took the
proof of the said last will and testament on the day last aforesaid he
adjudged the said will to be a valid will of real and personal estate and the
proof 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 Thomas Burnside of the town of Milford County
of Otsego and state of New York  I Thomas Burnside considering the uncertainty
of this mortal life and being of sound mind and memory blessed be almighty God
for the same do make and publish this my last will and testament in manner and
form following 

First I give and bequeath to my eldest son Thomas Burnside Jr one half acre of 
land situated where the Rail Road crosses the highway on my farm and provided 
there is no prospect of that becoming a place of business then the said Thomas 
Burnside Jr can have the privilege of locating the said half acre in any other 
place along the Highway on my farm and for a building place to have and to
hold to my eldest son Thomas Burnside Jr his heirs and assigns forever 

I give and bequeath to my eldest daughter Mary Ann the sum of four hundred 
dollars and a right for herself and Elizabeth to live in the house with the 
family as they now do and have their support on the place as they now have as 
long as they remain single 

I give and bequeath to my son Andrew Burnside sixty acres of land lying and 
being in lot no 6 in Fitch's Patent and bounded as follows commencing at the 
corner of the stone wall at the northwest corner of lot no 6 running easterly 
along the wall on the north line of said lot until it intersects a wall
running up the hill in a southerly direction thence up along said wall in a
southerly direction to the upper end of said wall thence in a southerly
direction until it strikes the south line of said lot no 6  (unreadable) up
from the south west corner to contain sixty acres of land thence along the
south line of said lot a westerly direction to the southwest corner of said
lot thence along the west line of lot no 6 in a northerly direction to the
place of beginning containing sixty acres of land to have and to hold to my
said son Andrew Burnside his heirs and assigns forever  

I give and bequeath to my daughter Fanny the sum of one hundred dollars  

I further give and bequeath to my said son Andrew Burnside the bay horse and 
brown mare and the old two horse harness and the bob slay 

I give and bequeath to my beloved wife Elizabeth all of the cows and young
stock the one horse wagon and harness household furniture and the use of the
house during the term of her natural life  

I give and bequeath to my younger son William Burnside all the remainder of my 
real estate and the two young horses and harness the two horse wagon and
sleigh after paying the several legacies or sums to the said respective
legatees and all other debts of the estate 

And lastly my express will and meaning is and I do hereby order and appoint
that if any difference dispute or controversy shall be   (unreadable)   or
happen concerning any gift bequest matter or thing in this my will that
(unreadable) no suit or suits (unreadable) or equity or otherwise shall be
brought commenced or prosecuted for and concerning the same but the same shall
be referred wholly to the award order and determination of my friends George
H. Coon and Daniel Green both of Milford and what they shall order direct or
determine therein shall be binding and conclusive to all and every person and
persons therein concerned 

Proviso provided always and I do hereby deed and that in case I shall in my 
life time (unreadable)  and pray to any of my children any sum or sums of money 
or furniture goods or chattels for his or their benefit or advancement in the 
world or otherwise and shall signify the same in writing under my hand then if 
any such sum or sums shall be equal to the share or shares of any such child
or children such sum or sums to paid or advanced shall in that case be
accounted in full satisfaction of the share or shares of such child or
children but of such advanced sum or sums shall be less than the share or
shares of such child or children then such advanced sum or sums shall be
accounted as part only of the share or shares of such child or children and
the balance of the share or shares of such child or children shall be paid by
my son William Burnside to such child or children out of the real estate given
and bequeathed by me to him and thereby appoint my  three sons Thomas Andrew
and William executors of this my last will and testament.  

In witness whereof I have herein to set my hand and seal the 4th day of
December in the year of our Lord one thousand  eight fifty two  
                                  
Thomas Burnside S. S.

The foregoing instrument consisting of one sheet was now here subscribed by 
Thomas Burnside the testator in the presence of each of us and was declared by 
him to be his last will and testament and we at his request sign our names 
hereto as attesting witnesses

Daniel Green residing in Milford Otsego Co.
Ansel S. Anable residing in Milford Otsego Co.

In the matter of proving   ) Otsego County ss 
the last will and testament) 
Daniel Green and Ansel S. Anable of the town of of Thomas Burnside deceased)
Milford in the county of Otsego being duly sworn and examined before Hiram
Kinne Surrogate of the county of Otsego do depose and say say they were well
acquainted with Thomas Burnside now deceased  That they were present as
witnesses and did see the said Thomas Burnside subscribe his name at the end
of the instrument in writing now produced and shown to these deponents bearing
date the fourth day of December in the year one thousand eight hundred and
fifty two purporting to be the last will and testament of the said Thomas
Burnside deceased  That the said Thomas Burnside at the (unreadable) be so of
making the said subscription declared the said instrument to be his last will
and testament and requested these deponents to sign their names as witnesses
thereto  There upon these deponents accordingly signed their names as
witnesses at the end of the said instrument  These deponents further say that
the said Thomas Burnside 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
Sworn before me this 25th 
day of April 1853                            Daniel Green
Hiram Kinne Surrogate                        Ansel S. Anable

Otsego County ss  It appearing upon the proofs duly taken in respect to the
last will and testament of Thomas Burnside late of Milford in the County of
Otsego deceased that the said will was duly executed according to law and that
the said testator at the time he executed the same was in all respects
competent to devise and attest and not under restraint  The said last will and
testament in the said proofs are hereby recorded signed and certified by me 
(unreadable) and to the provisions of the Revised Statutes this twenty fifth
day of April in the year one thousand and eight hundred and fifty three.
                                                Hiram Kinne Surrogate