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Wills of the Shirley Family, Seneca County, N.Y.



These wills were contributed by Nancy Tweedie.

Will of Louisa Shirley, Waterloo, NY

KNOW ALL MEN BY THESE PRESENTS. That I, LOUISA SHIRLEY, of Waterloo, Seneca County in the State of New York, being of sound mind and memory, do make, declare and publish this my last will and testament. 1st I direct my Executor hereinafter named to dispose of such securities as I may have at the time of my death, and pay all my just debts and funeral expenses. 2d. I give and bequeath unto my mother, EFFA SHIRLEY, the use and income of all my property, real and personal, which I may have at the time of my death, and which I may be entitled to for and furing her natural life time and no longer. 3d. After the death of my mother, EFFA SHIRLEY, all of the rest, residue and remainder of my estate real and personal, to be equally divided, share and share alike. (IT DOESN'T SAY WHO WILL SHARE?) 4th. I do nominate and appoint JOHN H. PETERS, Fayette to be the Executor of this my last Will and Testiment. In Witness Whereof, I have hereunto set my hand and seal, and publish and declare this to be my last Will and Testiment, the presence of the witnesses named below, this the Third day of April, 1878. LOUISA SHIRLEY (L.S.)

Signed, sealed, declared and published, by the said LOUISA SHIRLEY, as and for her last Will and Testament, in presence of us, who at her request, and in her presence and in the presence of each other, we subscribed our names as witnesses hereto.
Witness. JOHN H. PETERS, Fayette. HENRY C. SWEET, Fayette, State of New York, Seneca County. ss:
Be it remembered, that on the day of the date hereof, the last will and testament of LOUISA SHIRLEY, late of the town of Fayette in said County, deceased, (being the foregoing written instrument) was duly proved before GEORGE FRANKLIN, Surrogate of said County, according to law, as and for the last will and testament of the real and personal estate of the said deceased, which said last will and testament and the proofs and examinations taken thereon are duly recorded in the Surrogate's Office of said County of Seneca. In Testimony Whereof, the Surrogate of said County, hath hereunto set his hand and affixed his seal of office, the 18th day of February, eighteen hundred and eighty. (Seal) GEORGE FRANKLIN, Surrogate.
RECORDED NOVEMBER 27, 1899, at 1 o'clock, P.M.


Last Will and Testament of ANDREW J. SHIRLEY.

Be it remembered, that heretofore to wit: on the 13th day of February in the year of our Lord one thousand eight hundred and eighty four, NANCY A. SHIRLEY, widow of said deceased, and CHARLES E. SHIRLEY AND WILLIAM F. SHIRLEY executors named in the last Will and Testament of ANDREW J. SHIRLEY, late of the Village of Waterloo, in the County of Seneca, deceased, appeared in open Court, appeared before the Surrogate of the County of Seneca 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 siad Surrogate did ascertain by satisfactory evidence who were the widow heirs at law and next of kin of the said Testator and their respective residences.

And, it appearing to the satisfaction of said Surrogate that NANCY A. SHIRLEY is the widow and CHARLES E. SHIRLEY AND WILLIAM F. SHIRLEY are sons and only heirs at law and next of kin, of said ANDREW J. SHIRLEY, deceased, and that there are no other persons in any way entitled to share as heirs at law or next of kin in the estate of said deceased. And said, NANCY A. SHIRLEY, CHARLES E. SHIRLEY AND WILLIAM F. SHIRLEY having appeared in person before the surrogate of his office in the village of Waterloo on the day hereinafter named to attend the probate of said Will, no citation having been issued.

And afterwards, on the 13th day of February A.D. 1884, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards that said Surrogate took the proofs of said Will hereinafter set forth upon this 13th day of February, 1884 and he thereupon adjuded the said Will to be a valid Will of Real and Personal Property.

I, ANDREW J. SHIRLEY, of the village of Waterloo, Seneca County, New York, do make, publish and declare this my last Will and Testament in manner following, that is to say: First: After the payment of my just debts and funeral expenses, I give, bequeath and devise all my estate both real and personal to my wife, NANCY A. SHIRLEY to be used & enjoyed by her during the term of her natural life or so long as she may remain my widow. And from and immediately after her decease or remarriage, I give, devise and bequeath the said property to my two sons, CHARLES E. SHIRLEY AND WILLIAM F. SHIRLEY, share and share alike, absolutely and in forever.
Second: I hereby appoint my said sons executors of this my last Will & Testament hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name this 29th day of December, 1883.

ANDREW J. SHIRLEY

The foregoing instrument consisting of one half sheet of paper was at the date thereof signed, published & declared by the said ANDREW J. SHIRLEY as afor his last Will & Testament, in the presence of us who, at his request and in his presence and in the presence of each other, have thereafter subscribed our names as witnesses thereto.

GEORGE W. LAUB, residing at Fayette
HUGH MCLEAN, residing at Fayette


Petition of Florinda Baker for Alexander Shirley, Waterloo, NY

The Petition of FLORINDA M. BAKER of the town of Waterloo in the County of Seneca and Sate of New York respectfully shows:

That ALEXANDER SHIRLEY died on the 13th day of Mary, 1908 at Fayette in the County of Seneca, State of New York at the age of about 75 years, leaving no last will and testament to the best of your petitioner's knowledge, information and belife, diligent search and inquirng having been made therefor.

That the said ALEXANDER SHIRLEY at the time of his death as aforesaid, was a resident of the town of Fayette, County of Seneca and State of New York.

That the said decedent died possessed of certain personal property within this County and State; as your petitioned is informed and believes, the value of the personal property of which the said decendent died possessed (including the probable amount to be recovered by reason of any right of action granted to an administrator of said decendent, by special provision of the law) does not exceed the sume of Fifty dollars.

That the said decedent left him surviving, no widow. That the following named persons are all the next of kin of the said decedent, and that their respective places of residence are as follows, viz:

FLORINDA M. BAKER, a sister of Waterloo, NY
HENRY SHIRLEY, a brother residing at Seneca Falls, NY
SYLAS SHIRLEY, a brother resident at La Platt, Nebraska
WILLIAM SHIRLEY, a nephew residing at Clifton Springs, NY
GEORGE SHIRELY, a nephew residing at Newark, NY
TENA LEAHY, a niece residing at Syracuse, NY
JOSEPHINE KING, a niece residing at Waterloo, NY
ROBERT SHIRLEY, a nephew residing at Waterloo, NY
NELLIE STONE, a niece residing at Waterloo, NY
WILLIAM SHIRLEY, a nephew residing at Waterloo, NY
EFFIE SHIRLEY, a niece residing at Waterloo, NY
HAZEL SHIRLEY, a niece residing at Waterloo, NY
CHARLES SHIRLEY, a nephew residing at Waterloo, NY
FRANK SHIRLEY, a nephew residing at Waterloo, NY

All of whom are upwards of 21 years of age except HAZEL SHIRLEY WHO IS 19 years of age.

That the decedent left no real estate.
That your petitioner is a sister of the said decedent and is entitled to administer upon his estate.

That no petition for a grant of letters of administration upon the said estate has been filed in any Surrogate Cournt of this State, as your petitioner is informed and believes.

Your petitioner therefore prays for a decree awarding letters of administration upon the personal estate of said decedent to your petitioners and MAYNARD LITZENBERGER of the town of Waterloo.

Dated: 19th day of March, 1908
Signed: FLORINDA M. BAKER

MABEL A. FOX, Notary Public


Will of Philander Shirley, Fayette, NY

I, PHILANDER SHIRLEY, of Fayette in the County of Seneca, being mindful of the uncertainity of this mortal life, do make and declare this my last will and Testament. 1st. I give, bequeath and devise to my beloved wife, EFFA, the use of my farm on which I now reside in the town of Fayette with all the rents and profits therefrom until my youngest child, ELLA, shall arrive at the age of 21 years together with the use of all my personal property, after my debts and funeral charges shall have been paid. 2d. I give, bequeath and devise to my said wife, EFFA, after my said youngest child, ELLA, shall have attained her 21st year, the sume of Two Hundred and ten Dollars a year to be paid to her annually, by my executors, as long as she shall live, in lieu of Dower, the money to be taken from my farm or the avails of it. 3d. The balance of my property both real and personal not herein disposed of, I will and direct shall be equally divided between my ten children, to wit: PHILANDER, SILAS, ALEXANDER, ANDREW, FRANKLIN, and HENRY and my daughters, FLORINDA, LOUISA, MARY and ELLA, to them their heirs or legal respresentatives. 4th I appoint my beloved wife, EFFA, my executor and JOHN H. PETERS, my Executor, of this my last Will and Testament, hereby revoking all other wills and codicils by me made. In Witness Whereof, I have Hereunto set my hand and seal this fifth day of May, eighteen hundred and sixty one.

PHILANDER SHIRLEY (L.S.)

This Indenture made this 13th day of March in the year of our Lord one thousand eight hundred and seventy two between ALEXANDER SHIRLEY & EMILY, his wife, ANDREW SHIRLEY & NANCY, his wife, FLORINDA EDWARDS, LOUISA SHIRLEY, FRANKLIN SHIRLEY & his wife, Mary, MARY SHIRLEY, HENRY SHIRLEY & EMMA, his wife, ELLA SHIRLEY of Fayette, New York and SILAS SHIRLEY &AUGUSTA, his wife, of La Platte, Nebraska by JOHN H. PETERS, heir attorney by virtue of a Setter of Attorney dated October 26, 1871 being heirs at Law of PHILANDER SHIRLEY, late of Fayette, deceased, and EFFIE SHIRLEY, widow of said deceased parties of the first part and DANIEL SCHWAB of Fayette, New York of the second part.

Witnesseth, that the said part of the first part, in consideration of the sume of seven hundred and eighty dollars to each of said heirs, parties of the first part, in all seven thousand and twenty dollars to him duly paid have sold and by these Presents do grant and convey to the said party of the second part, his heirs and assigns.

All that tract or parcel of land situate in the town of Fayette, Seneca County, NY that is to say all of their respective interests in and to all that farm or tract of land of which said PHILANDER SHIRLEY died seized & situated in Fayette, Seneca county, NY being part of Military Lot number 1, bounded on the north by the Seneca Outlook, on the east by lands of WILLIAM BOOKMAN, south by lands of JOHN H. PETERS and west by lands in possession of JAMES BURROUGHS containing 78 acres of land. A part of said premises is in wheat growing sowing by CHARLES YOST on ? to be cared for, harvested and thrashed by him. And, the possession of said premises by said SCHWAB to be subject to the rights of said YOST and said SCHWAB is to be entitled to all the rights of said parties of the first part under the agreement with said YOST. The premises hereby conveyed are the same conveyed to said PHILANDER SHIRLEY by HORACE WILKINSON and wife, ELIZA, by Deed dated October, 30th, 1848 & recorded in Seneca County Clerk's Office on the second day of ? 1849 in Book V 2 of Deeds 108.

Recorded April 1st, 1872 at 4:25pm by HUGH MONTGOMERY, Clerk


Will of Mary J. Shirley, Fayette, NY

I, MARY J. SHIRLEY, of the town of Fayette, Seneca County in the State of New York, being of sound mind and menory, do 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, devise and bequeath unto my Sister, FLORINDA M. EDWARDS, all of my property, both real and personal, wherever situate. Likewise, I make, constitute and appoint, JOHN H. PETERS, of Fayette, to be Executor 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 30th day of September, A.D. 1882.

The above instrument was at the date thereof, MARY J. SHIRLEY (L.S.) subscribed by the said MARY J. SHIRLEY, in the presence of us and each of us, she at the time making said subscription, acknowledged that she executed the same and declared the said instument so subscribed by her to be her last Will and Testament, whereupon we then and there at her request, and in her presence and in the presence of each other, subscribed our names as witnesses thereto.
JOHN H. PETERS, Fayette, Seneca County, NY
JNO H. YOUNDT, Fayette, Seneca County, NY

State of New York, Seneca County Surrogates Office, SS. I hereby certify that the annexed instrument being the last Will and Testament of MARY J. SHIRLEY of the town of Fayette in the County of Seneca and State of New York deceased, has upon due proof been this day admitted to probate by the Surrogate's Court of the said County of Seneca as a Will valid to pass real and personal property, which said last Will and Testament and the proofs and examinations taken thereon are recorded in the Office of the Surrogate of said last mentioned County. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Surrogate's Court at Seneca Falls in the said County, this 18th day of May, in the year one thousand eight hundred eighty five. (Seal) Wm. S. MacDonald, Clerk Surrogate's Court
RECORDED NOVEMBER 24, 1899, at 1 o'Clock, P.M.

Signed: Patrick Savage, Clerk


Will of Ella Shirley, Waterloo, NY

KNOW ALL MEN BY THESE PRESENTS. That ELLA SHIRLEY, of Waterloo, Seneca County, in the State of New York, being of sound mind and memory, do make, declare, and publish this my last Will and Testament. 1st. I direct my Executor hereinafter named to dispose of such securities as I may have at the time of my death, and to pay all of my just debts and funeral expenses. 2nd. I give and bequeath unto my mother, EFFIE SHIRLEY, the use and income of all my property real and personal, which I may have at the time of my death, and which I may be entitled to for and during her natural life time and no longer.

3rd. After the death of my mother, EFFIE SHIRLEY, I give bequeath and devise, unto my sisters, LOUISA SHIRLEY, FLORINDA M. EDWARDS, AND MARY J. SHIRLEY, all of the rest, residue and remainder of my estate, real and personal, to be equally divided between them share and share alike. 4th. I do nominate and appoint JOHN H. PETERS, of Fayette, to be the Executor of this my last will and testament. In Testimony Whereof, I have herunto set my hand and seal, and publish and declare this to be my last Will and Testament, in presence of the witnesses, named below, this sixteenth day of June, A.D. 1874.
Signed, sealed, and declared and published by the said ELLA SHIRLEY. (L.S.), as and for her last will and testament, in presence of us, who at her request and in her presence and in presence of each other, have subscribed our names as witnesses hereto.
Witness. HENCY C. SWEET, Fayette. JOHN H. PETERS, Fayette, State of New York, Seneca County, ss:

Be it remembered, that on the day of the date hereof, the last will and testament of ELLA SHIRLEY, late of the town of Fayette in said County, deceased, (being the foregoing written instrument) was duly proved before GILBERT WILCOXEN, Surrogate of the said County according to law, as and for the last will and testament of the real and personal estate of the said deceased, which said last will and testament and the proof and examinations of the said deceased, which said last will and testament and the and the proof and examinations taken thereon, are duly recorded in the Surrogate of said County hath hereunto set his hand and affixed his seal of office the 15th day of February, eighteen hundred and seventy five.
(Seal) G. WILCOXEN, Surrogate.
RECORDED NOVEMBER 27, 1899, at 1 o'clock P.M.



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