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Delaware County NY Genealogy and History Site

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Will of Jeremiah Dart submitted by Sue Gillen, June 11, 2001

Proven 1 Jan 1834

Delaware Co., NY, Wills, Vol. C4-Pages 19,20,21 and
Delaware Co., NY, Wills, Vol. C3-Pages 157,158,159,160

In the name of God. Amen. I Jeremiah Dart of the Town of Roxbury, County of Delaware, and State of New York, being weak in body but of sound and perfect mind and memory, blessed be Almighty God for the same, do make ordain and declare this instrument to be my last will and Testament revoking all others by me made.

In the first place I do give unto my dearly beloved wife Margaret Dart Three hundred dollars, it being the amount of property she possessed when we were married, and which I have had the benefit of since we were married. I also give unto my son David Mack Dart one hundred and fifty dollars when he shall arrive to the age of twenty one years. I also give to my other two sons Nelson Kellogg Dart and Reuben Kelly Dart one hundred dollars each when they shall arrive at the age of twenty one years respectively and the same without interest and in case any one of my sons should die before he should arrive at twenty one years of age that his share should be equally divided between the other two sons.

I also give unto my wife Margaret all of my household furniture for her use and benefit as long as she remains my widow and no longer. It is my special will and request that the three hundred dollars which I have mentioned in my first bequest to my wife Margaret Dart shall not be hers any longer than she remains my widow as it is my will that my three sons, David, Nelson and Reuben shall have the property above mentioned equally divided amongst them at her marriage or at her death.

It is my will that my beloved wife Margaret shall have the use, occupancy, and benefit and the controll and management of any estate both real and personal as long as she remains my widow and no longer, after paying out the bequests to my sons David Mack Dart, Nelson Kellogg Dart and Reuben Kelly Dart when they shall twenty one years of age each of them respectively as they shall arrive at that age, viz, to David M. one hundred and fifty dollars at twenty one years of age, to Nelson K one hundred dollars at twenty one years of age, and to Reuben K one hundred dollars at twenty one years of age, respectively. And I do hereby appoint my beloved wife Margaret Dart my sole and only executrix of this my last will and Testament.

In witness I have hereunto set my hand and seal this thirty first day of August in the year of our Lord one thousand and thirty three.

Jeremiah Dart LS

Signed and sealed and declared by the within named Jeremiah Dart to be his last will and Testament in the presence of us who have hereunto set our names as subscribing witnesses.

John B. Gould Kelsey R. Kelly Joseph Betts

Delaware County Surrogate CourtDelaware County SS In the matter of proving to be recorded The last will of the real Estate of Jeremiah Dart late of said County, deceased.

John B. Gould of the town of Roxbury in the County of Delaware aforesaid, being first duly sworn, deposed, says that he saw Jeremiah Dart deceased, subscribe the instrument now shown him, said deponent, and which purports to be the last will and Testament of said Jeremiah Dart, late of the town of Roxbury in the County of Delaware aforesaid, deceased, bearing date the thirty first day of August, one thousand eight hundred and thirty three that he heard the said Jeremiah Dart declare the same to be his last will and Testament and that he, this deponent, did subscribe his name thereto as a subscribing witness at the request of the said Testator And further, that at the time thereof, the said Jeremiah Dart was of sound mind and memory, of full age to execute said will, and not under any restraint, and further says not.

John B. Gould

Delaware County, Surrogate Court In the matter of proving to be recorded theDelaware County SS Last will of the real Estate of Jeremiah Dart, late of said County, deceased.

Kelsey R. Kelly of the town of Roxbury in the County of Delaware aforesaid, being first duly sworn, deposed, says that he saw Jeremiah Dart deceased, subscribe the instrument now shown him, said deponent, and which purports to be the last will and Testament of said Jeremiah Dart, late of the town of Roxbury in the County of Delaware aforesaid, deceased, bearing date the thirty first day of August, one thousand eight hundred and thirty three that he heard the said Jeremiah Dart declare the same to be his last will and Testament and that he, this deponent, did subscribe his name thereto as a subscribing witness at the request of the said Testator And further, that at the time thereof, the said Jeremiah Dart was of sound mind and memory, of full age to execute said will, and not under any restraint, and further says not.

Kelsey R. Kelly

Subscribed and Sworn before me This 31st day of January 1834

Amasa Parker, Surrogate

Delaware County, Surrogate Court In the matter of proving to be recorded theDelaware County SS Last will of the real Estate of Jeremiah Dart, late of said County, deceased.

Joseph Betts of the town of Roxbury in the County of Delaware aforesaid, being first duly sworn, deposed, says that he saw Jeremiah Dart deceased, subscribe the instrument now shown him, said deponent, and which purports to be the last will and Testament of said Jeremiah Dart, late of the town of Roxbury in the County of Delaware aforesaid, deceased, bearing date the thirty first day of August, one thousand eight hundred and thirty three that he heard the said Jeremiah Dart declare the same to be his last will and Testament and that he, this deponent, did subscribe his name thereto as a subscribing witness at the request of the said Testator And further, that at the time thereof, the said Jeremiah Dart was of sound mind and memory, of full age to execute said will, and not under any restraint, and further says not.

Joseph Betts

Subscribed and Sworn before me This 31st day of January 1834

Amasa Parker Surrogate

Delaware County Surrogate Court

I, Amasa Parker, Surrogate of the County of Delaware do certify the proceedings to be a true record of the Last Will and Testament of Jeremiah Dart, deceased and of the proofs and examinations of the subscribing witnesses taken in relation thereto.

Amasa Parker, Surrogate

Be it remembered that on the thirty first day of January in the year of our Lord one thousand eight hundred and thirty four before Amasa Parker Esquire, Surrogate of the County of Delaware, came John B. Gould one of the attesting witnesses to the last will and Testament of Jeremiah Dart late of said County, deceased, and the said John B. Gould being duly sworn, did depose and say that he saw the said Jeremiah Dart, subscribe and Execute the instrument now shown, and Exhibited to the said John B. Gould bearing date the thirty first day of August 1833 and which purports to be the last will and Testament of the said Jeremiah Dart and that he heard said Jeremiah Dart declare the same to be his Last will and Testament and that he, the said John B. Gould, together with Kelsey R. Kelly and Joseph Betts the other attesting witnesses, subscribed their names as attesting witnesses to said Will, at his request and in his presence and that at the time thereof, the said Jeremiah Dart was of sound mind and memory, of full age to make such will and not under restraint.

Whereupon the said Will is admitted to Probate and together with the testimony aforesaid recorded pursuant to the statute for the proving and recording wills of personal property.

In testimony whereof the said Surrogate hath herewith affixed his seal of office. Witness Amasa Parker, Surrogate aforesaid at Delhi, this thirty first day of January 1834.

Amasa Parker



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