Will of Samuel Ellis

Schoharie County NYGenWeb Site

Submitted by Sid Fisher

In 1820, the only Ellis surnames enumerated as heads of households in Schoharie County were James, Peter, Samuel and Lydia, the latter the mother of James, Peter, Samuel, John, Hannah and Sally and the widow of James Ellis (Sr.). Here follows my transcription of the handwritten will of Samuel Ellis from a copy provided by SAMPUBCO with punctuation as found:

Will of Samuel Ellis

In the name of God Amen, I Samuel of the town of Broome, being weak in body but of sound and perfect mind and memory, blessed be Almighty God for the same, do make and publish this my last will and testament in manner & form following, that is to say, I give and bequeath unto my beloved wife Mary all my real estate and personal estate & property during the time & so long as she shall remain my widow, & during life if she remains single, and in case she shall marry again, Twice that one third of the property remaining at that time shall be at her entire disposal, the residue to be equally divided between my brothers James, Peter, John & my Sister Sally - and should the event of my wife’s marriage not take place, then at the death of my said wife, the property remaining shall be divided equally among my brothers and Sister Sally above mentioned. It is my will and desire that Polly Burhans, daughter of my wife’s Sister should have one bed and the furniture and also the pewter my wife has in possession. And I appoint my loving wife Mary executrix with Daniel Hay executor of this my last will and testament & I revoke all former wills & testaments by me made. (s) Samuel Ellis, L.S.
Signed, Sealed & published and declared by the above named Samuel Ellis 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 at Broome this fifth day of September 1817. John Reynolds, Amanda Gavett, George Reynolds.

Schoharie County Js. I, Henry Hamilton, Surrogate of Schoharie County, that at a Surrogate Court held in aforesaid County, at the Surrogate’s office in the town of Schoharie, on the ninth day of December 1833. Amos Thorp of Broome in said County, personally appeared in open court, before me the said Surrogate and being by me duly sworn made oath and testified that he is acquainted with the respective hand writings of John Reynolds, Amanda Gavett & George Reynolds, & has frequently seen them write, that having looked upon the instrument in writing now shown to deponent purporting to be the last will and testament of Samuel Ellis, late of Broome in said County, deceased, bearing date the fifth day of September 1817 & to which the signatures of John Reynolds, Amanda Gavett and George Reynolds, an subscribed as witnesses, he says that from his knowledge of the respective handwriting of the said witnesses he verily believes that the said signatures are the respective proper handwriting of the said John Reynolds, Amanda Gavett and George Reynolds, that at the date of the said will, the said John, Amanda & George resided in Broome in said County & that since that time & in or about the year 1820 they removed from the said town of Broome to the State of Ohio, where they all now reside as he is informed & believes. Jeremiah Reed being also duly sworn in open court before me the said Surrogate, made oath & testified that he was well acquainted with the hand writing of the said Samuel Ellis, deceased, & has frequently seen him write. And having been shown the said Will, he further testified that he verily believes from his knowledge of the hand writing of the said Samuel Ellis, deceased, that the signature of Samuel Ellis, subscribed at the end of the said Will, is the proper hand writing of the said Samuel Ellis, deceased. Mary Ellis the widow of the said Samuel Ellis, deceased, being also duly sworn in open court before me the said Surrogate, made oath & testified that after the death of the said Samuel Ellis, & on or about the thirteenth day of August last she found the said will (which was then & there shown to her) in a chest belonging to the said deceased in which he kept his valuable papers. That said will was safely & securely kept by her until she delivered the same to Daniel Hay, one of the executors named in the said will. Daniel Hay being also then & there duly sworn in open court before me, made oath & testified that he received the said Will (which was then & there shown to him) from the said Mary Ellis, and that he safely & securely kept the same until he delivered the same to the Surrogate of Schoharie County. And I the said Surrogate being satisfied upon the proofs aforesaid of the genuineness and validity of the said Will did admit the same to probate.
(s)Henry Hamilton.

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