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BROCKWAY, Enoch, will dated 1873

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BROCKWAY, Enoch, will dated 1873

Posted: 974289600000
Classification: Will
Edited: 1052597170000
Surnames: Brockway, Van Dyke, Ingersoll, Dedrick
In the name of God - Amen
I Enoch Brockway of the town of Frankfort Herkimer County New York aged eighty five years and upwards being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last will and testament. That is to say
First After all my lawful debts are paid and discharged I give and bequeath to my three daughters Charlotte Van Dyke Sarah Anne Ingersoll and Caroline Dedrick one hundred dollars each to be paid to them by my executor hereinafter named as soon as may be after my death.
Second I give and bequeath all the rest and residue of my personal property to my beloved wife Rebecca Brockway to have hold use and enjoy the same during her natural life and after her death the same if any left to be divided equally between all my children share and share alike I also devise and bequeath to my said wife the use of my house during her natural life and this provision is intended to be in lieu of dower's thirds.
Third I give devise and bequeath to my three sons Ulysses G Brockway Hiram H Brockway and Chauncy Brockway my homestead farm of 60 acres whereon I now live in said Frankfort to be divided between them as follows Ulysses G to have the west twenty acres, Hiram H the middle twenty acres and Chauncy the east twenty acres the middle lot being subject to the bequest above mentioned to my said wife of the use of the said house thereon. The said farm is a part of great lot [ ] Coreys (?) Manor and is bounded as follows on the west by land of John Brockway, north by Henry Daupster (?), east by Enoch T Brockway, and south by the highway. I hereby make constitute (?) and appoint George Brockway of said Frankfort to be executor of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have hereto subscribed my name and affixed my seal the 6th day of June in the year of our Lord one thousand eight hundred and seventy three.

Enoch Brockway (L.S.)

The above written instrument was subscribed by the said Enoch Brockway in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last will and testament and we at his request have signed our names as witnesses hereto and written opposite our names our respective places of residence. J S Steele of Frankfort Herkimer Co N. Y

George Brockway of Frankfort Herkimer Co N.Y.

I Enoch Brockway of Frankfort Herkimer County New York being still of sound and [ ] mind and memory do make publish and declare the following codicil to my foregoing last will dated June 6 1873 that is to say, it is my will and I direct that instead of the payment by my executor named in said will of said sum of one hundred dollars to each of my said daughters Charlotte Van Dyke, Sarah Ann Ingersoll and Caroline Dedrick as stated and set forth in the first clause of my said will I direct the same to be paid to my aforesaid three daughters by my three sons Ulysses G Brockway, Hiram H Brockway and Chauncy Brockway each paying an equal share thereof and that the said sum of one hundred dollars be paid to each of them by said sons within one year after my decease and I do hereby make the payment of said amount, so bequeathed to my said daughters and directed to be paid by my said sons a charge upon the real estate bequeathed to my said sons in said will. In witness whereof I have hereto subscribed my name and affixed my seal the 28th day of August 1875.

Enoch Brockway (L.S.)

The above Codicil was subscribed by the said Enoch Brockway in our presence and acknowledged by him to each of us and he at the same time declared the same to be a Codicil to his last will and testament and we at his request have signed our names as witnesses hereto and written opposite our names our respective places of residence.

J S Steele Herkimer Herkimer Co N.Y.

George Brockway Frankfort Herkimer Co N.Y.

State of New York
HERKIMER COUNTY,
SURROGATE'S OFFICE,
BE IT REMEMBERED, That on the second day of September A.D. 1878 the last will and Testament and Codicil of Enoch Brockway late of the town of Frankfort, in said County of Herkimer, deceased, bearing date the 6th day of June A.D. 1873 and the Codicil bearing date the 28th day of August 1875 (being the annexed written instrument,) was duly proved before Amos H. Prescott, Surrogate of said County of Herkimer, according to law, as and for the last Will and Testament and Codicil of the real and personal estate of said deceased which said last Will and Testament and Codicil and the proofs and examinations taken thereon, are recorded in this office in the Book T of Wills, on page 91 and following.

IN TESTAMONY WHEREOF, I, AMOS H. PRESCOTT, Surrogate of said County, have hereunto set my hand and seal of office, at the Surrogate's office in the village of Herkimer, this Second day of September A.D. 1878

AMOS H. PRESCOTT, Surrogate

I, AMOS H. PRESCOTT, Surrogate of Herkimer County, do hereby certify the foregoing to be a true copy and record of the last Will and Testament and Codicil of Enoch Brockway late of the town of Frankfort in said county, deceased, propounded for probate and duly proved before me, and also of the proofs and examinations taken before me in relation thereto.
WITNESS my hand at Herkimer, in said county, this 2d day of September A.D. 1878.

(signed) Amos H. Prescott Surrogate
County of Herkimer,---Surrogate's Court.
IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF
Enoch Brockway DECEASED.
HERKIMER COUNTY, ss.
Josiah A Steele of the town of Herkimer in the county of Herkimer and George Brockway of the town of Frankfort in the county of Herkimer being first duly sworn in open Court, on their oaths do depose and say that they are the subscribing witnesses to the last Will and Testament of Enoch Brockway late of the town of Frankfort in the said county of Herkimer, deceased. And these deponents further say that the said deceased did, in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be the last Will and Testament of the said deceased, and which bears date on the 6th day of June A.D. 1873; that the said deceased did at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament; that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of the said deceased, and in his presence, and in the presence of each other. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and was not under restraint to the knowledge of belief of these deponents.
Sworn, examined and subscribed, this 2d J A Steele
day of September 1878, before me George Brockway

AMOS H. PRESCOTT, Surrogate
County of Herkimer Surrogates Court- In the matter of proving the Codicil to the last will and testament of Enoch Brockway deceased - Herkimer County SS, Josiah A Steele of the town of Herkimer in the County of Herkimer and George Brockway of the town of Frankfort in the County of Herkimer being first duly sworn in open Court on their oaths do depose and say that they are the subscribing witnesses to the Codicil to the last will and testament of Enoch Brockway late of the town of Frankfort in the said County of Herkimer deceased And these deponents further say that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be a codicil to the last will and testament of the said deceased and which bears date on the 28th day of August A.D. 1875 that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be a Codicil to his last will and testament that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof at the request of the said deceased and in his presence and in the presence of each other that the said deceased at the time of subscribing his name to said instrument as aforesaid was upward of twenty one years of age that he appeared to be of Sound mind and memory and was not under restraint to the knowledge or be lief of these deponents - J. S. Steele George Brockway
Sworn examined and subscribed this 2d day of September 1878 before me

(signed) Amos H. Prescott Surrogate

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