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Submitted by Kerry Hallas, September 27, 2000

Maynard Stephen - Stamford C3-172

Probated 30 April 1834

LAST WILL AND TESTAMENT OF STEPHEN MAYNARD

Proved and Recorded April 30, 1834

In the name of God Amen I Stephen Maynard of Stamford in the 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 and published this my last will and Testament in manner and form following that is to say,

First I do give and bequeath unto my beloved wife Rebecca the use of one third of my old home farm together with one third of the buildings thereon during her natural life or as long as she remains my widow.

I also give and bequeath unto my beloved son Thomas Maynard and to his heirs and assigns forever a piece or parcel of land extending from the land of John Bennett to the land of Samuel Holoway as wide as he has improved containing fifty acres be the same more or less, it being part of the lot called the mountain lot which I purchased of F. Tillotson.

I also give and bequeath to my beloved son Coley Maynard and to his heirs and assigns forever, the same length of land being part of said lot as I have devised to my son Thomas as he my son Coley having occupied part of said piece and it being adjoining that of my son Thomas.

I also give and bequeath unto my beloved son Orrin Maynard and to his heirs and assigns forever the same length and breadth of land on the same lot to contain the same number of acres as either of my other sons it being part improved and occupied by him.

I also give and bequeath unto my beloved son Brooks Maynard and to his heirs and assigns, the remainder of said mountain lot containing about thirty acres, be the same more or less, for his own proper use and behalf from and after his arrival to the age of twenty one years.

I do also give and bequeath unto my son Brooks and to his heirs and assigns one third of my old home farm when he shall be of the age of twenty one years with such parts of the buildings thereon as shall not be occupied by my beloved wife.

I also will and bequeath to my son Brooks one pair of oxen, one cow and six sheep and one horse and I also will and bequeath unto my son Brooks and to his heirs and assigns the one third of my home farm which I have devised to my wife during her natural life by his paying one hundred dollars to each of his elder brothers and also the buildings and assure tenancies thereunto annexed and it is my will and desire that my Brooks pay to my other sons by viz my son Thomas, my son Coley and my son Orrin one hundred dollars each as soon as he shall be able after the decease of my beloved wife Rebecca and he becomes the sole possessor of home farm but in case of his not being able any sooner it is my desire that he shall have three years for time of payment by paying interest.

I also will and bequeath unto my beloved wife Rebecca all my household furniture of every description for her to dispose of to my beloved daughter Sally as she shall think proper or any part or parts thereof when she my beloved wife shall see fit to dispose of the same.

It is further my will and desire that my son Brooks Maynard shall have the other third of my home farm after my debts shall all be discharged and I do hereby give and devise the same to him and to his heirs and assigns forever. I also give and bequeath unto my son Brooks all my farming utensils excepting my one horse wagon.

I also give and devise to my beloved wife one horse or mare which is used by the family for my one horse wagon and also my one horse wagon and also one third of my stock during her natural life or state of widowhood after which I devise said mare wagon and stock to my son Brooks.

I also give and bequeath unto my grandson Erasmus Cowley six sheep which I have let out to Timothy Oakley. It is my will and desire that said sheep be kept let out until my said grandson shall arrive to the age of twenty-one years and then he to have the sheep and avails of the same and I do hereby appoint my beloved wife Rebecca and my son Coley Maynard Executrix and executor of this my last will and Testament.

In witness whereof I have hereunto set my hand and seal this sixteenth day of November in the year of our Lord one thousand eight hundred and twenty one.

Signed, sealed, published and declared by the above named Stephen Maynard to be his last will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.

Stephen Maynard (LS)

"and to his heirs and assigns forever" interlined; "from" interlined; "be the same more" struck out; "my son Coley" interlined; "beloved" interlined and "occupied" struckout; "and to his heirs and assigns" interlined; "wife" interlined, "out" interlined; "Rebecca"interlined.

Silas Bradford
Noah Davenport
Ebenezer Grumman

Delaware County Surrogate Court

In the matter of proving and recording the last will of the real estate of Stephen Maynard, late of said county dec'd.

Noah Davenport of the town of Stamford in the County of Delaware aforesaid being first duly sword, deposed and says that he saw Stephen Maynard deceased subscribe the instrument now shewn him said deponent and which purports to be the last will and Testament of said Stephen Maynard late of the town of Stamford aforesaid in the County of Delaware aforesaid deceased, bearing date the sixteenth day of November in the year of our Lord one thousand eight-hundred and twenty one. That he heard the said Stephen Maynard declare the same to be his last will and Testament. That he, this deponent, did subscribe his name thereto together with the other subscribing witnesses to said will viz Silas Bradford and Ebenezer Grumman at the request of said Stephen Maynard and in his presence and in presence of each other and further that at the time thereof the said Stephen Maynard was of sound mind and memory and full age to execute said will and not under any restraint and further that since the execution of said will and aforesaid the said Silas Bradford has died and further this deponent says not.

Noah Davenport

Subscribed and sworn before me this 30th day of April 1834

A. Parker, Surrogate

Delaware County, Surrogate Court

In the matter of proving and recording the last will of the real estate of Stephen Maynard late of said count dec'd.

Ebenezer Grumman of the town of Harpersfield in the County of Delaware being first duly sworn deposed and says that he saw Stephen Maynard deceased subscribe the instrument now shewn him said deponent and which purports to be the last will and Testament of said Stephen Maynard late of the town of Stamford in the County of Delaware deceased bearing date the sixteenth day of November in the year of our Lord one thousand eight hundred and twenty one. That he heard the said Stephen Maynard declare the same to be his last will and Testament that he this deponent together with Silas Bradford and Noah Davenport the other subscribing witnesses to said will and Testament did severally subscribe their names thereto as subscribing witnesses at the request of the said Stephen Maynard and in his presence and in the presence of each other. And further that at the time thereof the said Stephen Maynard was of sound mind and memory of full age to execute said will and not under any restraint. And this deponent further says that since the execution of said will as aforesaid the Silas Bradford, one of the subscribing witnesses aforesaid has died and further this deponent says not.

Ebenezer Grumman (his mark X)

Subscribed and sworn before me this 30th day of April 1834

Amasa Parker, Surrogate

Delaware County, Surrogate Count

In the matter of proving and recording the last will of the real estate of Stephen Maynard late of said County deceased.

Elisha Pendall of the town of Stamford in the County of Delaware being first duly sword deposed and says that he was acquainted with Stephen Maynard late of the town of Stamford and County of Delaware now deceased and with his hand writing and has seen him in his life time write. That from is said knowledge of the hand writing of said deceased he has no doubt but that the signature of the said Stephen Maynard to the instrument now shown him said deponent purporting to be the last will and Testament of the said deceased is the own proper hand writing and signature of the said Stephen Maynard late of the town of Stamford aforesaid. And said deponent further says that he was also well acquainted with the hand writing of Silas Bradford one of the subscribing witnesses to said will who is now dead and has in the life time of the said Silas Bradford seen him write and that he said deponent has no doubt from the knowledge he has of the hand writing of said Bradford but that the signature and name of said Bradford as a subscribing witness to said will is in the proper hand writing of the said Silas Bradford and that the said will itself as drawn up is also in the proper hand writing of said Silas Bradford, the said subscribing witness. And that said Bradford died since the day said will purports to have been executed and further says not.

Elisha Pendall

Subscribed and sword before me this 30th day of April 1834

Amasa Parker, Surrogate



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