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Delaware County NY Genealogy and History Site

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Transcribed by Larry Campbell, Grand Rapids, MI from documents copied at the county clerks offices, December 4, 2001

Rev. William McAuleys Will

Be it remembered that at a Surrogates Court held at the Surrogates Office in Delhi on the 26th day of May 1851 before E Morr surrogate the last Will & Testament of William McAuley late of Kortright in the County of Delaware deceased was duly juried before the said according to law & was duly adjudged by the said Surrogate to be valid as a Will of real & personal & allowed and established as such & ordered to be recorded. Which said last Will & Testament together with the proof thereof are as follows.

In the name of God amen. I William McAuley of the town of Kortright in the County of Delaware & State of New York, Minister of the Gospel in the first associate Reformed Church being advanced in life but through the patience & forbearance of God in the full use & exercise of my mental powers& of sound mind & memory & realizing that it is appointed to all men once to die do make publish & declare this my last Will & Testament in manner following that is to say:

First I commit my spirit to God who gave it & hath redeemed me & my body to the dust to be decently interred in the earth from whence it was taken in the full assurance of hope that it will be raised to immortality and glory at the coming of the Lord Jesus Christ.

Second I give devise & bequeath to my beloved daughter Mary McAuley to have & to hold & to manage according to her own will & for her own benefit for & during her natural life my farm in the said town of Kortright now in my possession together with all the buildings & appurtenances & improvements thereto in any wise belonging but this devise is limited to the use of said farm for the period aforesaid. I also give & bequeath to the said Mary for and during her natural life with the right to use to same identical property for her own use & benefit all my wagons, sleighs, harnesses & all my farming tools & utensils all my library manuscripts & other papers all my crops of grain growing or gathered in & also my horses cows calves sheep & hogs & all my house hold furniture of every name & description. Also my watch & clock also all debts & demands due to me or to become due from my Church or from any other person or persons either by contract or upon bond mortgages notes book accounts or in any other manner & I hereby authorize & empower my said daughter Mary McAuley to ask demand sue for and receive all said debts and demands & supply this proceed thereof to her own use. I also in like manner give to said Mary all my other personal property provided always nevertheless should my said daughter Mary become married then in such case & from that time it is my will that my executors herein after named be trustees to hold & manage all the property of every name & nature the use & income of which is given to my said daughter Mary or intended so to be & for that purpose & in that event I hereby nominate constitute & appoint as such trustees my executors or the survivor of them who are hereinafter named whose duty it shall to keep her the said Mary in the receipt and possession of the conveniences environments & profits thereof for her own benefit sole personal sole & separate use & benefit & I hereby also declare my will to be that no debt made or exacted by her husband either before or after marriage nor any debt made by any other person shall become a lien or be acknowledged directly or indirectly by said trustee or trustees as having any claim on the said property or any part thereof nor shall any consent order or authority - from said Mary in any wise alter this my Will in that respect.

Third It is my will that after the decease of my said daughter Mary all the property the use of which is herein before bequeathed & directed to said Mary I give devise & bequeath to my dear grandson adopted by me as my own son William McAuley ( only son of David McAuley my deceased son) & to his heirs forever which said last mentioned property do given devised & bequeathed is intended to & shall include both my real & personal property herein before enumerated but shall not include the income & profit thereof which may cause or accrue during the life of the said Mary and in case the said Mary or the said trustees or either of them shall have collected any or all of said debts & demands due to me at my decease the said William may demand & receive of & from the estate of the said Mary the same amount due at my decease & collected thereafter but not the income or interest which would incur after my decease. But nevertheless it is my will if there is any procuring claims against my daughter Mary at her decease contracted for her own personal comfort or convenience & which her own estate is insufficient to defray & cancel then the same shall be paid together with the expenses of her sickness & funeral and the balance only go to the said William.

And further it is my will that in case the said William my adopted son shall die before the decease of the said Mary or shall die without lawful issue living at the time of his decease then at the decease of the said William my adopted son the said property both real & personal shall rest in & belong in fee or in their own right to my beloved daughters Ann wife of William Campbell and Susan wife of James Blakeley in equal shares & for their own benefit forever. But it is my intention that this will gives to the said Mary my daughter & to William my adopted son life estates only & the said real & personal property is to rest in the lawful issue of the said William my adopted son if any shall be living at the time of his decease in their own right forever & if no lawful issue of the said William are living at his decease then the same to absolutely rest in my said daughters Ann & Susan for ever immediately on the death of said William my adopted son.

I do hereby nominate constitute & appoint John Harper of the town of Harpersfield & Mathew McClaughry of the town of Kortright executors if this my last will & testament & I do also nominate & appoint the said executor as trustee in case my daughter Mary should marry with the powers herein before recited & the performance of the duties & powers of their trust I enjoin upon them.

I hereby annul revoke & declare void all & every other Will made or published by me & declare & publish this to be my last will & testament. Signed & sealed by me this twenty fourth day of July one thousand eight hundred & fifty.

William McAuley

The forgoing instrument consisting of one sheet was at the date thereof signed sealed published & declared by the said William McAuley as and for his last will & Testament in presence of us who at his request & in his presence & in the presence of each other have subscribed our names as witnesses thereto.
Harper Boiss - Harpersfield
John Harper - Harpersfield
Sheldon A. Givens - Harpersfield

Delaware County Surrogates Court
In the matter of the Probate of the last Will & Testament of William McAuley late of said County deceased as a Will of real & personal estate

Delaware County
Harper Boiss of the town of Harpersfield in the County of Delaware being sworn disposes that he saw the above named William McAuley late of the town of Kortright in the County of Delaware deceased subscribe & execute the instrument now shown him & which purports to be the last Will & Testament of the said William McAuley & being dated the 24th day of July 1850 & that he heard the aid William McAuley declare the same to be his last Will & Testament & that he this deponent together with Sheldon A Givens & John Harper the other subscribing witnesses subscribed his name as a witness to said instrument at his request & at the time thereof the said William McAuley was of sound mind & memory of full age to make said Will & not under any restraint.
Harper Boiss
Sworn & subscribed before me
the 26th day of May 1851
E. Morr, Surrogate

(Same matter) Delaware County
John Harper of the town of Harpersfield in the County of Delaware being sworn disposes that he saw the above named William McAuley & being dated the 24th day of July 1850 & that he heard the said William McAuley declare the same to be his last Will & Testament & that late of the town of Kortright in the county of Delaware deceased subscribed & execute the instrument now shown him & which purports to be the last Will & Testament of the said William McAuley & being dated the 24th day of July 1850 & that he heard the said William McAuley declare the same to be his last Will & Testament & that he deponent together with Harper Boiss & Sheldon A. Givens the other subscribing witnesses subscribed his name as a witness to said instrument at his request and at the time thereof the said William McAuley was of sound mind and memory of full age to make said Will & not under any restraint & that said Will was left by deceased in my custody where remained until his death after which it was read in the family & sent by Mr. McClaughry to Surrogates office for Probate.
John Harper

Sworn & subscribed before me this
26th day of May 1881
E. Morr, Surrogate

(Same Matter) Delaware County
Sheldon A Givens of the town of Harpersfield in the County of Delaware being sworn disposes that he saw the above named William McAuley late of the town of Kortright in the County of Delaware deceased subscribe & execute the instrument now shown him & which purports to be the last Will & Testament of the said William McAuley & bears date the 26th day of July 1850 & that he heard the said Wm McAuley declare the same to be his last Will & Testament & that he this deponent together with Harper Boiss & John Harper the other subscribing witnesses subscribed his name as a witness to said instrument at his request & at the time thereof the said William McAuley was of sound mind & memory of full age to make said Will & not under any restraint .
S. A. Givens

Sworn & subscribed before
me the 26 day of May 1851
E. Morr, Surrogate

Delaware County. I certify that the foregoing is a true & complete record of the last Will & Testament of William McAuley deceased & of the proofs taken thereof.

E Morr
Surrogate



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