WILLS: Shepardson, Darius; Ellisburgh, Jefferson co., New York ************************************************ Copyright. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm http://www.rootsweb.com/~usgenweb/ny/nyfiles.htm http://ftp.rootsweb.com/pub/usgenweb/ny/jefferson/wills/v12/shepardson-darius.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.1 Kb ************************************************ File contributed for use in USGenWeb Archives by: Zimri Streeter Shepardson zss_genealogy@msn.com January 13, 2007, 1:23 pm Source: sampubco.com Jefferson co New York Will Book Vol. 12 page 799 Written: September 2, 1862 Recorded: April 20, 1868 Transcribed From Sampubco Photocopy By Zimri Streeter Shepardson Last Will and Testament of Darius Shepardson, Deceased. Be it Remembered, That heretofore to wit: on the 17th day of March in the year of our Lord one thousand eight hundred and Sixty-Eight Ira A Shepardson one of the Executors named in the Last Will and Testament of Darius Shepardson late of the town of Ellisburgh in the County of Jefferson deceased appeared in open Court before the Surrogate of the County of Jefferson 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 they are as follows - said petitioner Ira A Shepardson son of the testator residing in Jersey City - State of New Jersey - and Ira Littlefield son of Dolly Littlefield a deceased daughter of the testator residing in Clayton Jefferson County New York and are both of full age 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 Watertown in said County, on the 30th day of March A.D. 1868 to attend the Probate of said Will And afterwards, to wit: on the 30th day of March A.D. 1868 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 the proofs of said Will hereinafter set forth upon this 20th day of April A.D. 1868 and he 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 hereinafter recorded in this book. W.W. Taggart, Surrogate. Darius Shepardson Will In the name of God - Amen. I Darius Sheparson of Ellisburgh in the County of Jefferson and State of New York Farmer considering the uncertainty of this mortal life and being of sound mind and memory (blessed be Almighty God for the same) do make and declare this my last Will and testament in manner following. First I resign my soul into the hands of Almighty God hoping and believing in a remission of my sins through the merits and mediation of Jesus Christ, and my body I commit to the Earth to be buried at the descretion of my wife and child with as little pomp and parade as possible and my worldly estate I give devise and bequeath as follows Viz: 1st I give devise and bequeath unto my beloved wife Lucinda the use of seventeen acres of land with the buildings, and orchard during her natural life being the same piece of land which I had of William Barney together with all the household property two Cows, ten sheep and one good horse to be used and engaged by her during her natural life, which said legacy given to my said wife as aforesaid. I hereby declare is intended to be and is so given to her in full satisfaction and recompense of and for her dower and thirds that she may have or can in any wise claim or demand out of my estate. 2nd I give devise and bequeath unto my grandson Ira Littlefield the sum of Twenty five dollars when he the said Ira shall become twenty one years of age. 3rd I give devise and bequeath unto the Baptist Missionary Society the sum of One hundred dollars written four years from the day of my decease. 4th The residue of all my Estate real and personal of whatever name or kind or wheresoever situated after the payment of my just debts funeral expenses legacies aforesaid together with all Charges in the settlement of my Estate together with the remainder or remainders revision or revisions of what has been given to my said wife as aforesaid after the decease of my said wife I give devise and bequeath unto Susan M. Shepardson wife of my son Ira A. Shepardson to have and to hold when the said Susan M. and to her heirs and assigns forever. 5th And Lastly. I do hereby constitute and appoint my son Ira A. Shepardson and my friend Grant Mixer Executors or the survivor of them of this my last Will and testament hearby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this Second day of September in the year of our Lord One thousand Eight hundred and Sixty two. Darius Shepardson L.S. Signed Sealed published and declared by the said testator as and for his last will and testament in presence of us, who at his request in his presence and in the presence of Each other have subscribed our names as witnesses thereunto. Harlow W. Millard. N. M. Shepardson. Proof State of New York - Jefferson County - Surrogate Court. Before W. W. Taggart Surrogate In the matter of proving the will of the real and personal estate of Darius Shepardson deceased. County of Jefferson SS Harlow W. Millard of the Town of Ellisburgh in said County being first duly sworn, deposeth and saith, that on the Second day of September 1862 at Ellisburgh aforsaid he saw Darius Shepardson deceased subscribe the instrument now shown to this deponant and which purports to be the last will and testament of Darius Shepardson late of the town of Ellisburgh in said County, deceased bearing date the Second day of September in the year of our Lord One thousand Eight hundred and Sixty two. That on the day of the date aforsaid, and at the time of signing the same he heard the said Darius Shepardson declare the same to be his last will and testament, and that he this deponent and N. M. Shepardson the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Darius Shepardson and of each other; that at the time thereof the said Darius Shepardson was of sound and disposing mind, memory, and understanding, of full age, and not under any restraint, and competent to make a will. Subscribed & Sworn to before us this Ninth day of April 1868 Harlow W. Millard W.W. Taggart Surrogate. State of New York - Jefferson County - Surrogate Court. Before W. W. Taggart Surrogate In the matter of proving the will of the real and personal estate of Darius Shepardson deceased County of Jefferson SS. Norris M. Shepardson of the town of Ellisburgh in said County being first duly sworn, deposeth and saith, that on the Second day of September 1862 at Ellisburgh aforesaid he saw Darius Shepardson deceased, subscribe this instrument now shown to this deponent, and which purports to be the last will and testament of Darius Shepardson late of the town of Ellisburgh in said County deceased, bearing date the Second day of September in the year of our Lord One thousand Eight hundred and Sixty two. That on the day of the date aforsaid, and at the time of signing the same he heard the said Darius Shepardson declare the same to be his last will and testament, and that he, this deponent, and Harlow W. Millard the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Darius Shepardson and of each other; that at the time thereof the said Darius Shepardson was of sound and disposing mind, memory, and understanding, of full age, and not under any restraint, and competent to make a will. Subscribed & Sworn to before us this 20th day of April 1868 Norris M. Shepardson W.W. Taggart Surrogate Jefferson County, SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Darius Shepardson late of the Town of Ellisburgh in the County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Darius Shepardson 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 proofs and examinations are hereby recorded, signed and certified by me, pursuant to the Provisions of the Revised Statutes, this 20th day of April A.D. 1868. W.W. Taggart, Surrogate. Additional Comments: Darius Shepardson lived in the Town of Ellisburgh, Jefferson County, New York.