The Last Will and Testament of LEROY SALESBURY of GREENWICH, NY

( The Will of Leroy Salisbury was Signed: 6 Feb 1840 Witnesses: CHARLES F. INGALLS and TACHEUS ADAMS Executor: ORSON SALISBURY of Greenwich, NY Testimony : 22 Feb 1840 by PORTER REYNOLDS - Recorded: 10 Mar 1840 by A. ROBERTSON )

Transcribed from SAMPUBCO copy by MARY ANN SALISBURY Greenwich, Washington County, NY County Number 58 Will Book Number B1 Page 421

 

 

In the name of God, Amen. I, LE ROY SALESBURY of the town of Greenwich in the county of Washington and state of New York being of sound and disposing mind, memory and understanding do hereby make publish and declare my last will and testament in manner and form following

First: I order and direct that my executor hereinafter named pay all my just debts and funeral charges as soon after my decease as conveniently may be, out of my personal estate, if that shall prove sufficient if not, then I authorize him to sell and convey so much of my real estate as shall be required for that purpose or he may provide for the payment in such manner as he may choose.

Second: I give and bequeath devise unto my beloved Mother ELSA SALISBURY the use and occupation or the rents and profits of my undivided share of the Homestead farm situated in the Town of Greenwich aforesaid which descended to me from my Father, for and during her natural life.

Third: I give and devise to my beloved Sister SARAH HEATH, wife of MORGAN HEATH nine hundred dollars to be paid to her in three equal annual installments with the interest after the decease of my Mother.

Fourth: At the decease of my Mother I give and bequeath devise all my said real estate to my Brother ORSON SALISBURY and to his heirs and assigns forever Subject nevertheless to the payment of the aforesaid Legacy to my Sister SARAH to be paid in manner aforesaid, which I expressly charge upon my real estate herein devised.

Fifth: I order and direct in case my Brother ORSON shall not accept the above bequest that then my said real estate shall be equally divided between him and my said Sister.

Sixth: I give and devise all the rest and residue of my real and personal estate whereof I shall be possessed at my decease to my aforesaid Brother and Sister share and share alike.

Seventh: I do hereby nominate and appoint my beloved Brother ORSON SALESBURY Executor of this my last will and testament and hereby expressly revoke all and every former will by me made. In witness whereof I have hereunto set my hand and seal the sixth day of February in the year of our Lord one thousand eight hundred and forty.

 

LE ROY SALISBURY

 

Signed, sealed published and declared by the testator to be his last will and testament in the presence of us who at his request and in his presence and in the presence of each other

have subscribed our names as witnesses.

 

CHARLES F. INGALLS of the Town of Greenwich, Wash. Co., NY

TACHEUS ADAMS of the same place

 

Washington County

Surrogate Office S.S.

 

I, A. ROBERTTSON Surrogate of the said county do certify the foregoing to be a correct record of the last will and testament of LE ROY SALISBURY late of the town of Greenwich in said county deceased proved before me as a will of real and personal estate and recorded the 10th day of March 1840.

 

A. ROBERTSON

 

 

TESTIMONY

 

 

In the matter of the estate of LE ROY

SALISBURY late of Greenwich deceased

Washington County S.S.

 

PORTER REYNOLDS of the town of Greenwich in the said county being duly sworn in open court deposeth and saith that the instrument in writing now produced and shown to him purporting to be the last will and testament of the above named LE ROY SALISBURY deceased and which bears date the sixth day of February 1840 was delivered to this deponent by ELSA SALISBURY in the presence of the deceased, and

on the day that he died, for Safe keeping. Stating at the time, that she delivered the same at the request of the Testator, that this deponent kept the said instrument in his possession until yesterday when he delivered the same to ORSON SALISBURY the Executor named

in the said instrument and further this deponent saith not.

 

PORTER REYNOLDS

 

Sworn the 22nd day of Feb. 1840

Before me A. ROBERTSON Surrogate

 

 

Wash. Surrogate Court

In the matter of the estate of LE ROY

SALISBURY, late of Greenwich, deceased

Washington County S.S.

 

TACHEUS ADAMS of the town of Greenwich in the said county being duly sworn in open court - doth depose and say, that he was acquainted with the deceased the above named LE ROY SALISBURY, deceased, in his life time, and was present and saw him subscribe his name at the end of the instrument in writing now produced in Court and exhibited to him purporting to be the last will and testament of the said deceased, bearing date the sixth day of February one thousand eight hundred and forty and this deponent further saith that the said deceased, did at the time of subscribing his name at the end of the said instrument as aforesaid, publish and declare the same <to> <as> and for his last will and testament in the presence of this deponent and CHARLES F. INGALLS, who at the request of the said deceased, and in his presence and in the presence of each other subscribed their names thereto respectively as witnesses to the execution thereof, that at the time thereof the said deceased was of sound disposing mind and memory, above the age of twenty one years, and under no restraints to the best of the knowledge and belief of this deponent.

 

TACHEUS ADAMS

 

Sworn the 3rd day of March 1840

before me A. ROBERTSON Surrogate

 

 

 

Wash. County Surrogate Court

In the matter of the estate of LE ROY

SALISBURY, late of Greenwich, deceased

Washington County S.S.

 

CHARLES F. INGALLS being duly sworn in open court, deposeth and saith, that he was acquainted with the above named LE ROY SALISBURY in his life time, and was present and saw <him> subscribe his name at the end of the instrument in writing, now produced and shown to him purporting to be the last will and testament of the said deceased, which bears date the sixth day of February 1840, and that the said deceased at the same time, published and declared the same as and for the said instrument to be his last will and testament in the presence of this deponent and TACHEUS ADAMS who at the request of the said deceased, and in his presence, and in the presence of each other, subscribed their names thereto as witnesses thereto, as witnesses to the execution thereof, that at the time thereof, the said deceased was of sound disposing mind and memory, above the age of twenty one years, and under no restraint, to the knowledge and belief of this deponent, and this deponent further saith that the said instrument is in the same condition as it was when executed, without any alterations therein and further this deponent saith not.

 

CHARLES F. INGALLS

 

Sworn the 10th day of March 1840

before me A. ROBERTSON Surrogate

 

 

Washington County

Surrogate Office S.S.

 

I, A. ROBERTTSON Surrogate of the said county do certify the foregoing to be a correct record of the testimony taken by me in proving the last will and testament of LE ROY SALISBURY, deceased, as a will of real and personal estate, and recorded the 10th day of March 1840.

 

A. ROBERTSON