| Notes |
- Will: http://boards.ancestry.com/surnames.gates/1657/mb.ashx?pnt=1
Following is the Last Will and Testament of Ezra Gates of Sheldon, Wyoming, NY born 1766 in Preston, CT to Joshua Gates and Anna Branch.
Transcribed from SAMPUBCO by Natalie Gates Runyan
Wyoming County, New York Will book Sheldon 5-1
Oct 31, 1864
Wyoming County
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Ezra Gates late of the town of Sheldon in the county of Wyoming and State of New York, deceased, that the said Will was duly executed, and that the said Ezra Gates, the testator 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 of Ezra Gates and the proofs and examinations are herby recorded, signed and certified by me, pursuant to the provisions of the Revised Statutes, this 31st day of October A.D, 1864.
H.S. Comstock, Surrogate
Be it Remembered, That heretofore, to wit, on the thirty-first day of August in the year of our Lord one thousand eight hundred and sixty-four Chauncey C. Gates one of the executer named in the Last Will and Testament of Ezra Gates late of the town of Sheldon in the County of Wyoming deceased, appeared in open court, before the Surrogate of the County of Wyoming and made application to have the said Last Will and Testament of Ezra Gates deceased, which relates to 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 the respective residences and said Surrogate did thereupon issue a Citation, in due for of law, directed to the heirs at law and next of kin of Ezra Gates the testator,by their respective names, them to appear before said Surrogate at his office in the village of Warsaw in said County the 31st day of October.
And afterwards, to wit: on the 31st day of October A.D. 1864, 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, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took to proofs of said Will hereinafter set forth upon this 31st day of October A.D. 1864 and he thereupon adjudged the said Will of Ezra Gates 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
WILL
In the name of God amen.
I Ezra Gates of the town of Sheldon in the County of Wyoming and the State of New York of the age of eighty-nine years and being of sound mind and 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 the heirs of my sister Lydia Hoard deceased one ninth part of all my property to by my executors paid to Henry Hoard to be by him equally divided among her heirs.
Second I give and bequeath to my sister Hulda Crippen one ninth part of all my property.
Third I give and bequeath to the heirs of my sister Lucy Hoard deceased one ninth part of all my property to be paid over by my executors to her son Samuel Hoard to be by him equaly (sic) divided between the heirs of said Lucy Hoard.
Fourth I give and bequeath to the living sons and daughters of Esther Thomas deceased one ninth part of all my property to be paid over by my executors to Seth Thomas to be by him equally divided between said sons and daughters.
Fifth I give and bequeath to the heirs of my brother John Gates one ninth part of all my property to be paid over by my executors to Sewell Town to be by him equally divided between said heirs.
Sixth I give and bequeath to the heirs of my brother Joshua Gates diseased (sic) one ninth part of all my property to be paid by my executors to Daniel Gates to be by him equally divided between said heirs.
Seventh I give and bequeath to Betsy Gates widdow (sic) of my brother Elisha Gates diseased (sic) one ninth part of all my property.
Eighth I give and bequeath to the heirs of my brother Seth Gates diseased (sic) one ninth part of all my property to be paid by my executors to Chauncy C. Gates to be by him equally divided between said heirs.
Ninth I give and bequeath to my brother Avery Gates one ninth part of all my property.
And Lastly I do here appoint my nephews Henry Hoard, Seth Thomas and Chauncey C. Gates to be the executors of this my last will and testament hereby revoking all former wills made. In witness whereof I have hereunto set my hand and seal this first day of September in the year of our Lord one thousand eight hundred and fifty five.
Ezra Gates
The above instrument consisting of one half sheet was at the date thereof signed sealed published and declared by the said Ezra Gates 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 names thereto as witnesses.
Henry H. Hoard
Irving Hoard
Wyoming County Surrogate Court
In the matter of proving the Will of Ezra Gates deceased
Irving Hoard of Sheldon in Wyoming County aforesaid being duly sworn deposes and says, that he is a subscribing witness to the last will and testament of Ezra Gates late of Sheldon in Wyoming County aforesaid deceased, that the said Ezra Gates in the presence of this deponent subscribed his name at the ??? of the said the instrument which is now shown and exhibited to his deponent bearing date on the first day of September AD 1855 that said Ezra Gates the testator then declared the said instrument to be his last will and testament and this deponent and Henry H. Hoard thereupon subscribed their names at the end of said will as attesting witness thereunto in the presence and at the request of said testator: that the said testator was then of sound mind and memory of full age to execute a will and was not under any restraint and that said will now appears in all respects as when so executed without any alterations whatsoever;
And this deponent further says that said Henry H. Hoard the other subscribing witness to said will is dead, that he died over two years ago.
Subscribed and sworn to me before this Irving H. Hoard
31st day of October 1864.
H.L. Comstock, Surrogate
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