Will of Elizabeth McCollough
Transcribed by Larry Campbell, Grand Rapids, MI from documents copied at the county clerks offices
In the name of God, Amen, I Elizabeth McCollough of the town of Harpersfield of the county of Delaware and State of New York, being of sound body, mind and memory, praised be God, do make and ordain this, my last will and testament.
And first, I will that my body is decently buried, in a decent christian burial, at the discretion of my Executor, hereafter named, and my soul to God who gave it, not doubting but that both will be reunited at the resurrection. And as to the worldly property where with god has blessed me, it is my will that after my just debts and funeral expenses are first paid, it is disposed of in the following manner.
First, I will and bequeath to Ann Collins, the girl that I have brought up, all my house hold furniture, and three hundred dollars, the two acres of land that I own near Miles Hotchkiss's to be appraised and go towards the three hundred, and the whole to be put to use or interest and paid to her with use and interest, at the time of her marriage, or when she arrives at the age of twenty one years.
And secondly. James Brown, my nephew, is now in my debt and if he should be at my decease, I give him whatever there is due.
And Thirdly. I will and bequeath to my two sisters, Jane McIlwain and Eleanor Campbell, all the rest of my property, except enough to set up a decent set of grave stones at my grave.
And furthermore, I hereby constitute and appoint Samuel Campbell as the Executor of this, my last will and testament, and Guardian of Ann Collins.
In testimony of the within, I have here unto to set my name and seal this eleventh day of January, one thousand eight hundred and thirty four.
Elizabeth (X) McCollough (her mark)
Signed, sealed, pronounced and
declared to be the last Will and Testament of the Testatrix, in presence of us who have set our names as witnesses at her request and in her presence, and in the presence of each other.
Cyrenus Gibbs of Harpersfield, Delaware Co., New York
Richard B. Gibbs of Harpersfield, Delaware Co., New York
State of New York
I the subscriber Surrogate of the County of Delaware, do hereby certify that the foregoing will has this day been admitted to Probate as a Will of real and personal Estate on the testimony of the subscribing witnesses thereto, and that said will and the proofs thereto, with said Probate an duly recorded in the Office of the said Surrogate, pursuant to the Statutes in such case made and provided.
In testimony whereof, I the said Surrogate, have hereunto set my hand and affixed my seal of Office this 10th day of June 1842.
Documents concerning the probate of the will of Elsabeth McColough
Transcribed by Larry Campbell, Grand Rapids, MI, June 1, 2004
New York May 27th 1842
Dear Cosen, I embrace the oppertunity of writing a few lines to you to let you know that we are in good health at presant thanks be to God for it hoping this may find you and you family and all our friends enjoying the same blessing. I received yours of the 19th yesterday together with your surogates citation inclosed concerning the probate of the will of Aunt Elsabeth McColough and as you Desired an immediate answer to your letter I write this to let you know that it will not be in my power to attend as it is impossible for me to leave home at presant and I suppose that it will be the cause of no difficulty to you as an executor whether I am presant or not if should you will please let me know and so no more at presant give my best love to your sisters and Father and all your family.
no mor but remains yours truly till Death.
Delaware County ss: Samuel Campbell being duly sworn says that he duly served the annexed citation on the persons to whom the said is directed, that is to say, William Campbell, Sarah Young, Betsey Hamilton, Elanor McMurdy, James Brown, Anne Nichols, by delivering to each of them a copy of the said citation more that fifteen days (illegible) on the tenth day of June instruct(?), and that the same was also served on Elennor Kennedy of the city of New York by carring a copy of the said citation to be delivered to her more than fifteen days ago. And this Desponent just named states that he has secured a letter in the hand writing and under the signature of the said Elennor Kennedy stating that the said citation had been served on her as such on (illegible) which letter is hereunto annexed.
Sworn before me this
tenth day of June 1842
(Front of page)
In the matter of the probate of the will of Elizabeth McCullough as a will of personal estate.
Citation to heirs & next of kin.
This is to be returned, proof of personal service on the persons (illegible) and by exhibiting this to each, served a copy on each, (illegible) made.
(Back of page)
The people of the State of New-York, To
Jane McIlwain, (illegible words), and Barbara, Wife of Alexander Leal Junior of the town of Kortright in the County of Delaware, Samuel Campbell, William Campbell, Sarah wife of Hugh Young, Betsey wife of Homer H. Hamilton, Eleanor wife of David McMurdy, James Brown of Harpersfield, Anne wife of Nichols whose first name is not known, Elennor wife of Kennedy, whos first name is not known and wife Brown whose first name is not known of the city of New-York, and James Brogin(?) of the town of Delhi in said County of Delaware the heirs and next of kin of Elizabeth McCullough late of the said town of Harpersfield deceased.
YOU AND EACH OF YOU are hereby cited and required personally to be and appear before our Surrogate of our County of Delaware, at his office, in the village of Delhi, in said County, on the tenth day of June next, at ten o'clock in the forenoon, to attend the Probate of the last Will and Testament of the personal estate of said Elizabeth McCullough deceased, which will then and there be offered for that purpose, on the application of Samuel Campbell an Executor named in said will.
Given under the hand and seal of office of
our said Surrogate, at the village of Delhi
aforesaid, the tenth day of May 1842
Chs Hathaway Surrogate
(Front of page)
John S. McNaught being duly sworn says that 8 days before this day he personally served all the within cited persons residing in the State of New York with a copy of the within citation.
Sworn before me, Dec. 18th 1854,
Wm Gleason Jr
John S. McNaught
Filed Dec 18, 1854
Wm Gleason Jr
Filed Dec 18, 1854