WILLS: Norris M. Shepardson; 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/v26/shepardson-norrism.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 12.1 Kb ************************************************ File contributed for use in USGenWeb Archives by: Zimri Streeter Shepardson zss_genealogy@msn.com February 15, 2007, 6:44 pm Source: Jefferson County, New York Will Book Vol. 26, Page 401. Written: January 7, 1887 Recorded: May 10, 1887 Transcribed from SAMPUBCO photocopy by Zimri Streeter Shepardson The Last Will and Testament of Norris M. Shepardson Deceased Be it Remembered, That heretofore, to wit: on this 10th day of May in the year of our Lord, one thousand eight hundred and eighty seven Eunice E. Shepardson of Ellisburgh Jefferson County, New York sole next of kin and heir at law Execut__ named in the last Will and Testament of Norris M 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 of said deceased which relates to both Real and Personal Estate,immediately 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, viz: and said petitioner being 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 and requiring them to appear before said Surrogate at his office in the City of Watertown, in said County, on the __________ day of A.D., 188____, to attend the Probate of said Will __________. And afterwards, to wit: on the __________ day of __________ A.D., 188____ 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 herinafter set forth, upon this 10th day of May A.D., 1887, 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. Ross C. Scott Surrogate. Norris M. Shepardson Estate # Will # In the Name of God, Amen. I Norris M Shepardson of the Town of Ellisburgh County of Jefferson and State of New York being of sound mind and memory, and considering the uncertainty of this frail and transitory life do therefore make, ordain, publish and declare this to be my last Will and Testament, that is to say: First After all my lawful debts are paid and discharged, I give and bequeath All my Real and Personal Estate of Every Name and Nature and wherever situated to my daughter Eunice Elizabeth Shepardson with the Exceptions named hereinafter (viz.) So much of my Woodlot adjacent to Woodside Cemetery as is enclosed or contained in the following Survey (viz) Beginning at an Iron pin driven in the centre of the highway-Thence running South 4 45' West 3.89 chains-Thence South 79 East .89 chains-Thence South 5 30' West 5.04 chains- Thence West 11.13 chains-Thence North 4 East 11.12 chains- Thence South 78 45' East 10.34 chains To the place of beginning containing by computation 10.82 acres as Surveyed by Prof. S. A. Thurlow August 1st 1881 My said daughter Shall have the privilege during her lifetime of using such Trees as are fallen and such as are dead so that Wood Shall not go to Waste also my said daughter shall have the privilege of properly tapping such Maples as are not less than 16 inches in diameter. Second At the death of My Said daughter Eunice E. Shepardson that same piece of Land and Woodlot above described I give and bequeath to Union Academy with the same restrictions as mentioned above but without the privilege of tapping Said Trees. My desire being to preserve Said Woodlot for the benefit and beauty of the County and for the sake of Woodside Cemetery. But if in A.D. 1950, or thereafter in the judgement of the board of Trustees of Union Academy More room for burial purposes is needed Said Trustees May take off the Wood South of the present South line of Woodside Cemetery to within thirty rods of the west line of the Said Woodlot All Wood taken from the said Woodlot shall be for the benefit of Union Academy and what remains on the North and West sides of said Woodlot Should the Wood be cut within the above limits (as Specified above) Shall Never be cut only so far as the trees are fallen or dead. Third I give and bequeath to Union Academy two hundred dollars on condition that in the Month of January of Each and Every year the Trustees of Union Academy pay to the Treasurer of the Woman's Missionary Society of the Baptist Church in Belleville N.Y. the Sum of one dollar as Memorial dues for My Mother Bernice Shepardson and one dollar for the Same purpose for my Sister Eunice Shepardson. Fourth I give an bequeath Fifty dollars to Union Academy on condition that the Trustees of Said Academy use as much of the proceeds of Said Sum as is nec- essary to keep My Father's and My own family burial lots (in Said Woodside Cemetery) Mown and free from Weeds, and Should any of the Said Wood lot be used for a Cemetery as Specified above I Suggest it be called Woodside Cemetery Union Academy division. Fifth At the death of My Said daughter Eunice E. Shepardson I give and bequeath to Union Academy absolute the Lot of land Extending from the Said Woodlot as Surveyed by Prof S. A. Thurlow as far East as the North and South public road and North as far as the then South line of said Cemetery and as far South as the South line of Said Woodlot on Condition that Said Trustees of Union Academy care for Said Woodlot properly and in case any of the last mentioned lot should be sold for any purpose the proceeds of such sale shall be paid to Union Academy. Sixth I give and bequeath to the first Baptist Church and Society of Ellisburgh the Sum of five hundred dollars the same to be invested and the interest or income therefrom to be used as follows - first to pay the rent on a pew in Said Church for the use of the Students of Union Academy. Said Pew to be selected by the Trustees of Union Academy. The remainder of income from Said Sum (if any) to be used as the Trustees of Said Church and Society see fit. Seventh I give and bequeath to Union Academy the Sum of five hundred dollars for the purpose (when Said Sum is paid) of having My Wife's and My own Name recorded in the Union Academy Memorial Endowment Book, both of these last bequests to be paid on the death of My daughter Eunice Elizabeth Shepardson and they shall be a lien upon my farm near Newton Barney's (called my upper farm) until paid and if for any reason my Executors think it best to sell Said farm previous to the death of My Said daughter, then in that case these two last bequests shall be paid in full at the Sale of Said farm. Likewise, I make, constitute and appoint My daughter Eunice E. Shepardson of Ellisburgh Jefferson County N. Y. and James M Breed of Big Flat Chemung County N. Y. to be Executors of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the Seventh day of January, in the year of our Lord one thousand eight hundred and Eighty Seven. Norris M. Shepardson (S.S.) The above written instrument was subscribed by the said Norris M Shepardson in our presence, and acknowledged by him to each of us; and he at the same time declared the above instrument, so subscribed, to be his last Will and Testament, and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other, and written opposite our names our respective places of residences. N. C. Houghton Belleville N.Y. F Williams " " SURROGATE'S COURT. IN THE MATTER OF PROVING THE Last Will and Testament of Norris M Shepardson DECEASED. Jefferson County, SS. Nahum C Houghton of Ellisburgh in Said County and Frederick Williams of the same place being first duly sworn in open Court, upon their several corporeal oaths, each for himself doth despose and say that they are subscribing witnesses to the last Will and Testament of Norris M Shepardson late of the Town of Ellisburgh in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Norris M Shepardson 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 and Testament of the said deceased, and which bears date on the 7th day of January one thousand eight hundred and Eighty-Seven 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 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 appeard 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 __________ name to said instrument, in the presence of the said deceased. Subscribed and sworn to before me, this 10th day of May 1887 N. C. Houghton F Williams Ross C. Scott Surrogate Jefferson County, SS. It appearing upon the proofs duly taken in respect to the last Will and Testament of Norris M. Shepardson late of the Town of Ellisburgh in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Norris M. 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 10th day of May A.D. 1887. Ross C. Scott Surrogate. Additional Comments: Empty lines indicate sections of various length of a preprinted form with no information filled in. Capitalization within the will itself was variable probably for emphasis. I tried to transcribe as closely to the actual contents as possible and where capitalization was ambiguous I followed consistency within the will rather than what would be expected in modern syntax. File at: http://ftp.rootsweb.com/pub/usgenweb/ny/jefferson/wills/shepards657gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 12.1 Kb