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Seneca County, Wills, Book A, Pages 106-113 - Will of Jonathan Scobey



At a Surrogate Court held at the Surrogate office in the village of Waterloo in and for the County of Seneca the second day of April A.D. 1831. Present Samuel Birdsall Surrogate.

Whereas John Scobey and Samuel Phillips the executors named in the last will and testament of Jonathan Scobey, late of the town of Varrick in the County of Seneca deceased, as is alledged intends to make application to the said Surrogate to have the said will proved before the said Surrogate and recorded pursuant to the statutes of the State of New York - and whereas it has been made satisfactorily to appear that Joseph Scobey, Morgan Scobey, Maria Scobey, Catherine Scobey, Lewis Scobey, William Scobey, and Charles Scobey, heirs of the said Jonathan Scobey deceased are minors. It is therefore ordered by the said Surrogate that Thomas Burroughs of the town of Varrick in the County of Seneca be appointed guardian for the said minors to take care of their interests in the provides.
Samuel Birdsall Surrogate

The people of the State of New York to Thomas Burroughs of the town of Varrick in the County of Seneca Greeting. Whereas John Scobey and Samuel Phillips the executors named in the last will and testament of the said Jonathan Scobey deceased, late of Varrick in said county as is alledged intends to make application to Samuel Birdsall Surrogate of the County of Seneca to have the said will proved before the said Surrogate and recorded pursuant to the statues of the State of New York - and whereas it has been made satisfactorily to appear that Morgan Scobey, Joseph Scobey, Maria Scobey, Catherine Scobey, Lewis Scobey, William Scobey and Charles Scobey heirs of the said Jonathan Scobey deceased are minors. I therefore the Surrogate aforesaid pursuant to the powers in me vested by the statutes of the State of New York and in pursuance of the order of my court before made and entered, do hereby appoint you the said Thomas Burroughs of the town of Varrick in the County of Seneca aforesaid guardian for the said minors to take care of their interests in the provides given under my hand and the seal of office of the said Surrogate at Waterloo in said County of Seneca the second day of April A.D.1831.     Samuel Birdsall Surrogate

In the name of God Amen, I Jonathan Scobey of the town of Varrick, County of Seneca and State of New York being of sound mind and memory, and wishing a prudential disposal of my worldly property to be made after my decease, do make this my last will and testament as follows. Imprimis, my funeral charges and all my just debts must be paid by my executors hereinafter named.

Item. I give and bequeath unto my wife all my household goods, excepting my Clock Defacto, at her own disposal.

Item. I give and bequeath unto my daughter Sarah two hundred dollars in money to be paid to her as soon as my Executors can dispose of the property which they are hereinafter directed to sell, and collect the money.

Item. It is my will that my Executors shall sell my live-stock, farming utensils, Clock, and all the rest of any movable property that is not already bequeathed, as soon as they conveniently can, to the best advantage, after my decease and also that they shall sell my land as soon as they can for a reasonable price. And that if they cannot sell it soon they shall rent or let it out to the shares, to the best advantage they can till an opportunity of selling shall present itself.

Item. The monies arising from the sale of my property, as aforesaid, shall be divided and distributed as soon as they can be collected, by my executors amongst my Grand children as follows, i.e. to my son Lewis's two youngest children Lewis and William one-fourth part, i.e, to each of them one eighth part. And the other three fourths to all the rest of my Grand children in equal shares. But it must be understood and it is the true intent and meaning of my mind in these presents, that the shares of my Grand children who shall be under age at the time of my decease, if any such then shall be retained under the care of my Executors. And by them kept at interest till said Grand children shall respectively become twenty one years old and then paid unto them principal and interest. Provided nevertheless if my executors should think that they or any of them, stand in need of it, or any part of it and that it will be more beneficial to them to pay it to them at any time before they are twenty one years old, they are at liberty to do so, at their discretion.

Item. I do hereby constitute and appoint my son John Scobey, and my son-in-law Samuel Phillips my lawful Executors to this my last will and testament hereby revoking and disannulling all former wills by me made and do impower them to sell my land and to make a good and sufficient title to any purchase or purchases as the case may be. In witness whereof I have herewith set my hand and seal this fourth day of March in the year of Our Lord one thousand eight hundred and thirty.

Signed sealed published and declared by the above named Jonathan Scobey to be his last will and testament in the presence of us who have hereunto set our hands as Witnesses in the presence of the testator.
Nathan Christopher      Jonathan Scobey, L.S. (his mark)
Abraham Hoaglan (his mark)
Joseph Burroughs

I Jonathan Scoby of Varick, being of sound mind and memory this third day of August A.D. 1830, do make this codicil to my last will and testament i.e. I give and bequeath unto my wife my old mare and colt and red cow and fifty dollars in money - and also to my daughter Sarah fifty dollars in money. These gifts are to be in addition to what is already given to them in my will, on the other side of this paper. In witness whereof I have hereunto set my hand and seal the day and year first above written.

Signed, Sealed, published and declared by the above named Jonathan Scobey to be his codicil to his last will and testament in the presence of us who have hereunto set our hands as subscribing Witnesses in the presence of the testator.
Joseph Burroughs      Jonathan Scobey, L.S. (his mark)
Nathan Christopher
Abraham Hoglan (his mark)

At a Surrogates Court held at the Surrogates office in the village of Waterloo in and for the County of Seneca on the 23rd day of May A.D. 1831. Before Samuel Birdsall Surrogate of the said county for the purpose of proving and recording the last will and testament and codicil of Jonathan Scobey late of the town of Varrick in the County of Seneca deceased as a will of real estate pursuant to the statutes of the state of New York on the application of Samuel Philips and John Scobey the Executors named in said will.

On the day and at the place aforesaid the said Samuel Phillips and the said John Scobey, the executors aforesaid, appeared in their proper persons as did also Thomas Burroughs the guardian of the minor heirs of the said Jonathan Scobey deceased, duly appointed for that purpose by the Surrogate of the County of Seneca and Exhibited a notice directed to the heirs of the said Jonathan Scobey deceased and an affidant and admission of the service thereof in the words and figures following.

To the heirs of Jonathan Scobey deceased late of the town of Varrick in the County of Seneca and State of New York and all others whom this notice may concern.

You and each of you are hereby required to take notice that we shall apply to Samuel Birdsall Esquire, Surrogate of the County of Seneca, at his office in the village of Waterloo in said county on Monday the twenty third day of May next at ten o'clock in the forenoon to have the last will and testament of the said Jonathan Scobey proved and recorded pursuant to the statutes of the State of New York.
Dated April 2nd 1831   Yours  ??  John Scobey, Samuel Phillips Executors named in the will

As guardian of Morgan Scobey, Mariah Scobey, Catherine Scobey, Lewis Scobey, William Scobey, and Charles and Joseph Scobey, I admit due service on me of a copy of the above notice on the 30th day of April A.D. 1831.
Dated May 23rd 1831      Thos. Burroughs

State of New York, Seneca County S.S.
Samuel Phillips of the town of Mount Morris in the County of Livingston being sworn says that he did personally serve Abner Christopher and Nancy his wife of Allegany County on the Eighteenth day of April last with a true copy of the annexed notice by delivering the same to them - that he did personally serve Johnson Scobey with a copy of the annexed notice on the twenty ninth day of April last by delivering the same to him that the said Johnson Scobey resides in the County of Orleans - that he did personally serve Elijah Grove and Betsey Grove with a copy of the annexed notice by delivering the same to them on the thirtieth day of April last that they reside in the County of Orleans - that he did personally serve Samuel Smith and Lydia his wife, Joseph Scobey and John Scobey and Sally Scobey wife of the said Jonathan Scobey all residing in the County of Niagara Except the said Sally who resides in the County of Livingston with copies of the annexed notice by delivering to each a copy thereof on the thirtieth day of April last. that on the said Sally the widow of the said Deceased was served on the eighteenth day of April last and this deponent further saith that he handed to his wife Sally Phillips a copy of the annexed notice and that she read the original notice hereto attached more than twenty five days prior to the date hereof. And that Johnson Scobey, Nancy Christopher, Betsey Grove, Lydia Smith, Joseph Scobey, John Scobey, Sarah Phillips, Mariah Scobey, Catherine Scobey, Lewis Scobey, William Scobey, Morgan Scobey, Charles Scobey, John Scobey are the heirs at Law of the said Jonathan Scobey Deceased.
        Samuel Phillips
Subscribed and sworn before me on this 23rd day of May A.D. 1831   Samuel Birdsall Surrogate

Joseph Burroughs testified that he was well acquainted with Jonathan Scobey late of the town of Varrick in the County of Seneca deceased, that he subscribed his name as a witness to the last will and testament of the said deceased produced here in court and the codicil thereon endorsed, that he is well acquainted with the other subscribing witnesses Nathan Christopher and Abraham Hoglan that he saw the said deceased Jonathan Scobey sign, seal and publish and declare the said will to be his last will and testament, that he also saw the said deceased Jonathan Scobey sign, seal and publish and declare the codicil on the said will endorsed as a codicil to the said will and that as well he as the other subscribing witnesses to the said will and codicil were all present at the times and place the said deceased Executed the said will and codicil and subscribed their names as witnesses to the execution thereof in the presence of the said deceased and in the presence of each other. That the said Jonathan Scobey at the time he Executed the said will and codicil as aforesaid was of sound mind memory and understanding, and under no restraint, was of the age of twenty one years and upwards, that he and the other subscribing witnesses signed their names at the request of the said testator both to the will and the codicil - That the said deceased departed this life in March last at his place of residence in the town of Varrick in the County of Seneca aforesaid. That the said will and the codicil thereon endorsed was left by the said testator in the hands of this deponent for safe keeping. And that this deponent retained the custody of the same until he Delivered to the Executors named in the will and that the said will and codicil is now in the same state that it was in when he received it from the hands of the said testator. And that the same has not been in any respect altered. That this deponent was to keep the will and codicil until after the death of the said testator when he was to Deliver the same to the Executors.        Joseph Burroughs

Abraham Hoglan testified that he was well acquainted with Jonathan Scobey Deceased late of the town of Varrick in the County of Seneca that he subscribed his name as a witness to the last will and testament of the said Deceased with the codicil thereon endorsed produced here in court, that he is well acquainted with the other subscribing witnesses to the said will and codicil Joseph Burroughs and Nathan Christopher, that he saw the said Deceased sign, seal, publish and Declare the said will and codicil to be his last will and testament and codicil, and that as well he as the other subscribing witnesses were all present at the times and places the said deceased Executed the said will and codicil and subscribed their names as witnesses to the execution thereof in the presence of the said deceased Jonathan Scobey and in the presence of each other, that the said testator at the time of executing the said will and codicil was of sound mind and memory and understanding and under no restraint, and of the age of twenty one and upwards and died at his place of residence in Varrick in Seneca County, and that as well this deponent as the other subscribing witnesses signed their names at the request of the said testator.      Abraham Hoglan (his mark)

Nathan Christopher testified that he was well acquainted with Jonathan Scobey late of the town of Varrick in the County of Seneca deceased that he subscribed his name as a witness to the last will and testament and codicil thereon endorsed, produced here in court, that he is well acquainted with the other subscribing witnesses Joseph Burroughs and Abraham Hoglan, that he saw the same testator sign, seal, publish and declare the said will and codicil to be his last will and testament and codicil, and that as well he as the other subscribing witnesses were all present at the times and place the said testator executed the said will and codicil and subscribed their names as witnesses to the Execution thereof in the presence of the said testator and in the presence of each other, that the said testator at the time he executed the said will and codicil as aforesaid was of sound mind and memory and not under any restraint, of the age of twenty one years, and that this deponent and the other subscribing witnesses signed their names to the said will and codicil at the request of the said testator. That the said testator departed this life in March last at his place of residence in Varrick in the County of Seneca.      Nathan Christopher

The foregoing proofs and examinations taken before me the Surrogate aforesaid at the time and place first mentioned and the depositions of the respective witnesses were by them respectively subscribed after having been carefully read over to them. And I the said Surrogate being satisfied upon the said proof taken, that the said will was duly executed, that the said testator at the time of executing the same was in all respects competent to divide real estate, and not under restraint, do therefore allow the said will, proofs and examinations to be recorded.
Witness Samuel Birdsall Surrogate aforesaid the day and year aforesaid.   Samuel Birdsall Surrogate

State of New York Seneca County SS.
I Samuel Birdsall Surrogaate of said county do hereby certify that the within written instrument was on the twenty third day of May one thousand Eight hundred and thirty one duly proved before me according to law, as and for the last will testament and codicil of the Real Estate of Jonathan Scobey late of the County of Seneca deceased in the Surrogate Court held in and for said county at Waterloo at the time above mentioned. And I do further certify that the said will and codicil are recorded in my office in Book A of wills, testaments and codicils proved before me and the proofs thereof in Pages 106, 107, 108, 109, 110, 111, 112, 113.

In witness whereof I the Surrogate aforesaid have hereunto affixed my official seal this twenty third day of May one thousand Eight hundred and thirty one at Waterloo in said county.   Samuel Birdsall Surrogate.

I Samuel Birdsall surrogate of the County of Seneca do hereby certify the foregoing to be a true record of the will and the codicil thereto attached of Jonathan Scobey deceased and of the Examinations and proofs heretofore ?? in the matter of proving the said will and codicil of Real estate; and of the order and appointments of guardian.      Samuel Birdsall Surrogate.


Seneca County, Wills, Book B, Pages 289-293 - Will of John Scobey

At a Surrogates Court held at the Surrogates office in Seneca Falls, in and for the county of Seneca, on the Fourteenth day of November A.D. 1843 _ before John Morgan Surrogate of said county; The Will of John Scobey, late of the town of Romulus, in the county of Seneca, deceased was duly proved, before the said Surrogate, by the oaths of John D. Coe, Ira Brown and Jonathan Scobey, witnesses, who, on being duly sworn and examined by and before the said Surrogate, severally testified as follows, to wit.

John D. Coe, of the town of Romulus, in the county of Seneca, Testified that he was acquainted with John Scobey, late of the town of Romulus, in the said county of Seneca, deceased, the Testator whose Will is now here in court produced; That the said Testator subscribed and executed the said will in the presence of witnesses, and at the time of making such subscription, he the said Testator declared the said Will to be his last Will and Testament; That he the said John D. Coe, signed his name to the said Will as a witness to the execution thereof by the Testator, as aforesaid, at the request of the said Testator, and in his presence, and in the presence of Ira Brown the other subscribing witness to the said Will; That at the time when the said Testator executed his said Will, as aforesaid, he was about sixty four years of age, of sound mind memory and understanding, and not under any restraint, That he the said John D. Coe wrote the said Will for the said Testator, according to his directions, and when it was written and prepared, it was read over to the said Testator and approved and executed by him as aforesaid; That after the said will was executed by the said Testator, and witnessed as aforesaid, it was enclosed in a wrapper and sealed up, and then given to his son, Jonathan Scobey to be kept. That after the decease of the said Testator, the said Will was produced by the said Jonathan Scobey, and was opened, and read, by witnesses, to the family; That he the witness has now here in court, examined the said Will, and finds it in the same form and condition as when executed by the said Testator, as aforesaid.   "John D. Coe"

Ira Brown, of the town of Romulus, in the county of Seneca, Testified, that he was acquainted with John Scobey, late of the town of Romulus, in the said county of Seneca, deceased, the Testator in his Will now here in court produced; That he the said Testator subscribed his name to the said Will, in the presence of witnesses, and at the time of making such subscription, declared the said Will to be his last Will and Testament; That he the said Ira Brown signed his name to the said Will, as a witness to the execution thereof by the Testator, as aforesaid, at the request of the said Testator, and in his presence, and in the presence of John D. Coe the other subscribing witnesses to the said Will; That when the said Testator executed his said Will, as aforesaid, he appeared to be sixty three or four years of age, of sound mind, memory and understanding, and not under any restraint."    "Ira Brown"

Jonathan Scobey of the town of Romulus, in the county of Seneca, Testified, that he is the son, and one of the Executors named in the last Will and Testament of John Scobey, late of the said town of Romulus, in the said county of Seneca, deceased, which will is now here in court produced; That he was present when the said Will was Executed by the said deceased - That after its execution, the said Will was enclosed and sealed up, and given to him witness to be kept - That he placed the said Will in a trunk, under lock and key, where the same was kept, safely and unaltered and unopened, untill after the death of the said deceased, when it was taken therefrom and given to John D. Coe, who then broke the seals, and opened and read the said Will to the family of the said deceased - and that the said Will is now in the same form and condition as when executed by the said deceased."      "Jonathan Scobey"

The last Will and Testament of John Scobey of the town of Romulus, county of Seneca and State of New York.

I, John Scobey considering the uncertainty of this mortal life, and being of sound mind and memory (blessed by Almighty God for the same) do make and publish this my last Will and Testament, in manner and form following, (that is to say.)

First. I will and devise to my wife Elizabeth one third of the land and buildings, I own on military Lots number Seventy Six and Seventy Seven for her support and maintainance during her natural life - I also will and bequeath to my said wife all the household furniture and property in the cellar, also the loom, light waggon, the oldest Black mare and Fifteen shares in the Waterloo woolen manufacturing company, the above mentioned personal property to be at her disposal.

Second. I will and devise to my son Jonathan all my real estate in military Lots number Seventy Six and Seventy Seven containing about Four hundred and thirty acres to him his heirs and assigns forever subject to the above provision for my wife. I also Will and bequeath to my said son Jonathan, all the stock and farming utensils of every description, also the wool and grain on hand grain and crops of all kinds on the ground, fruit, hay and clover seed growing and on said Lots number Seventy Six and Seventy Seven, excepting the above bequest to my wife.

Third. I will and devise to all the children of my daughter Catharine that shall be living at my decease, or that she may afterwards have, in equal portion share and share alike as tenants in common undivided, the following real estate and personal estate. The real estate is as follows, namely, all my real estate on military Lot number Eighty Six, and the two acres on military Lot number Seventy nine purchased with the last described land at a chancery sale, and conveyed to me by Josiah Ferris, containing now about one hundred acres of land (about Fifty six acres having been conveyed by me to Barna Swarthout) - and whereas at a Sheriff's sale, one year ago in May last, I purchased one hundred and Eighty four acres of land on military Lot number Seventy nine, adjoining the land last described in the town of Romulus aforesaid; In case said land is not redeemed, I will and devise to said children, as aforesaid, Thirty four acres thereof. Bounded as follows, viz, Beginning at the northeast corner of the two acres herein mentioned, and running from thence so far north, that a line parallel with the south line of said Lot number Seventy nine, to the west line of said one hundred and eighty four acres, shall contain Thirty four acres of land. The personal estate is as is in this Will hereafter set forth and stated. And I do hereby constitute and appoint, my son Jonathan Scobey, guardian and trustee of the said children and of all their estate and interest both real and personal under this Will - Said trustee is enjoined in his discretion to devote in a prudent and economical manner the use profits, rents, and incomes of said childrens estate, real and personal (and the principal in his discretion) for the support and maintainance of my said daughter Catharine during her natural life, and for the support, bringing up, maintaining and education of all her said children in the meanwhile

Fourth. I will and devise to my daughter Eliza, the remainder of the one hundred and eighty four acres before mentioned, containing one hundred and fifty acres of land to her her heirs and assigns forever.

Fifth. It is my will that my just debts and funeral charges be paid out of the remainder of my personal estate. I then direct that the sum of Three hundred dollars be paid to my daughter Eliza to make her equal with my daughter Catharine, for an outsett of about Three hundred dollars furnished her at her marriage. The remainder of my personal estate, I will and bequeath in three shares equally, share and share alike, to my son Jonathan, to the children of my daughter Catharine as aforesaid, and to my daughter Eliza. The distribution of the above is not to be made untill two years after my decease, when the Three hundred dollars to my daughter Eliza is also to be paid.

Sixth. If the One hundred and Eighty four acres before mentioned should be redeemed, It is my will and I hereby bequeath four thousand dollars of the redemption money to my daughter Eliza, and the remainder thereof, one half, to the children of my daughter Catharine as aforesaid, the other half to my daughter Eliza; And instead of the division of the remainder of my personal estate, as above directed in three shares, I will and bequeath the one half, thereof, to the children of my daughter Catharine as aforesaid, the other half to my daughter Eliza; The division of the remainder of my personal estate not to be made untill two years after my decease - and the division of the real and personal estate, devised and bequeathed to the children of my daughter Catharine as aforesaid, is not to be made untill the youngest becomes of age, and in no case untill the decease of my said daughter Catharine.

Seventh. The within bequests to my wife are to be in lieu of all other dower or claim, and her acceptance of the same is to be the evidence she relinquishes all other claims of dower.

Eighth. I hereby appoint my son Jonathan Scobey and my friend Searing W. Edwards Executors of this my last will and testament.

In witness whereof, I have hereunto set my hand and seal the Twenty ninth day of June in the year of our Lord one thousand Eight hundred and forty three.      John Scobey L.S.

The above instrument consisting of one sheet was now here subscribed by John Scobey 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.
John, D. Coe, Romulus, Seneca County, New York
Ira Brown, Romulus, Seneca County, New York

I certify that the foregoing is a correct Record of the Will of John Scobey, late of the town of Romulus, in the county of Seneca, deceased, as the same was proved before me, on the Fourteenth day of November A.D. 1843. And of the proofs of the said Will, as the same were reduced to writing, and signed by the witnesses, on that day.      John Morgan, Surrogate

Contibuted by Sheila Wolf



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