Transcribed from SAMPUBCO photocopy by Lucina Hughes Verish
Washington County, New York Will Book Vol. B1, page 162
Surnames: Sampson, Stewart, Fenton, McFarland, Hoy, McArthur, Robertson
Ezekiel Sampson’s Will.
I Ezekiel Sampson of the town of Jackson in the County of Washington and State of New York being of sound mind memory and understanding, do make and publish this my last Will and Testament, in manner following, that is to say.
First. I order all my just debts and funeral charges to be paid out of my estate at large.
Secondly – I order direct and authorize my Executors herein after named, the survivor and survivors of them and such as shall accept of their appointment and join in taking the proper qualification for acting as Executors of this will, to sell, dispose of, and convey to such person and persons, as they may deem proper, on such terms as they shall deem most prudent, safe or productive, all and singular my real estate wherever lying and being particularly the farm on which I now reside, and I hereby authorize and empower such Executors or Executor so authorized to sell, to execute all legal and proper conveyances of said estate, such as may be necessary or suitable in the premises.
Third – Out of the avails of such sale and other monies if any arising from my personal estate I give and bequeath as follows,
Fourthly – I give and bequeath to the minister elders and deacons of the Protestant reformed Dutch Church in Jackson of which Mr Stewart is now the minister, the sum of three hundred dollars.
Fifthly. I give and bequeath to the Bible Society of the County of Washington aforesaid the sum of two hundred dollars.
Sixthly. – I give and bequeath for the use of the school district in which I now live the sum of one hundred dollars in manner following, first my Executors to loan the same on bonded security for such terms as they shall think convenient as long as they are willing and able jointly or severally to do the same, and when no one of my Executors shall be any longer able or willing to do the same then it is my will that the trustees of said district take charge of said one hundred dollars and loan the same as aforesaid and that the yearly interest of said money be yearly paid by said trustees for the such part of the schooling or poor children in aid district as is not paid by the publick [sic] money.
Seventhly – I give and bequeath to my step daughter Martha Fenton all my beds and bedding also all the contents of a certain secretary which is now at George McFarlands in Jackson aforesaid also my brass kettle.
Eighthly. – After all the rest residue and remainder of my estate shall be turned into money and the payment of my just debts and funeral charges and the expenses of settling my estate shall be defrayed I direct what shall remain of my estate to be divided into ten parts or shares and I give and bequeath two of said shares to each of my three brothers Israel, Barzilla and Seth Sampson and one of said shares to each of my four sisters Mary, Sarah, Thirey and Hannah and if at my decease any of my said brothers or sisters shall be deceased, then the share of each of said deceased brothers or sisters to go to his or her legal representatives.
Ninthly, I make constitute and appoint my friends and neighbours George McFarland James Hoy and Peter McArthur Executors of this my last Will and Testament hereby revoking all former wills by me made.
In witness of all which I have hereunto set my hand & seal this third day of June in the year of our Lord one thousand eight hundred and thirty five.
Ezekiel Sampson, L S
Signed, sealed, published and declared by the testator to be his last Will and Testament in our presence who at his request in his presence and in the presence of each other have subscribed the same as witnesses.
Catharine C. McFarland of Jackson aforesaid
Mary McFarland of Jackson aforesaid
Surrogate Court ss
I Alexander Robertson Surrogate of the said County do certify the forgoing to be a correct record of the last Will and Testament of Ezekiel Sampson proved before me as a will of real estate and recorded this 7th day of August 1837
Wash. Surrogate Court
In the matter of the estate of Ezekiel
Sampson late of Jackson deceased
Mary McFarland, of the town of Cambridge, and Catharine C. Robertson, formerly Catharine C. McFarland, of the town of Jackson in said County, being duly sworn in open court, respectively depose and say that they were acquainted with the above named deceased in his lifetime, that they were present and saw him the said deceased subscribe his name at the end of an instrument in writing which is now shown and exhibited to these deponents, and which bears date the 3rd day of June 1835 purporting to be the last Will and Testament of the said deceased, that the said deceased at the time of so subscribing his name, published and declared the same as and for his last Will and Testament, and that these deponents at the request and in the presence of the said deceased, and in the presence of each other, subscribed their names thereto as witnesses to the execution thereof. That at the time thereof he the said deceased was of sound disposing mind and memory above the age of twenty one years, and under no restraint to the knowledge or belief of these deponents and that the said deceased was in all respect competent to devise real estate, as these deponents further saith, that the said Will is in the same condition as it was when executed, without any alterations therein to the best of these deponents knowledge or belief and further these deponents say not
Catharine C. Robertson
Sworn this 7h day of August 1837 before me
A. Robertson Surrogate
Washington County ss
James Hoy of the town of Jackson in said County being duly sworn, deposeth and saith that the above named Ezekiel Sampson deceased, put into the possession of this deponent an instrument in writing, for safe keeping, which purports to be his last Will and Testament, that he kept the same in his possession until after the death of the said Ezekiel Sampson, the testator and then handed the same to Peter McArthur an Executor named in said will, and that the will which is now shown and exhibited to the deponent is in the same condition as it was when the same was put into his possession by the said Testator, without any alterations therein to the knowledge of belief of this deponent
Sworn before me this 7h day of August 1837
A Robertson Surrogate
Washington County ss
Peter McArthur being duly sworn says that he is named as Executor in an instrument in writing purporting to be the last Will and Testament of the within named Ezekiel Sampson deceased, that this said will was handed to this deponent by the within named James Hoy, that he kept the same in his possession until he handed it to the Surrogate of the said county, and further saith not
Sworn before me this 7th day of August 1837
A. Robertson Surrogate
Surrogate Office ss
I Alexander Robertson Surrogate of the said County do certify the forgoing to be a correct record of the testimony taken in proving before me, the last Will and Testament of Ezekiel Sampson late of Jackson deceased as a will or real estate and recorded the 7h day of August 1837.