original will of Daniel Weeden recorded 30 Nov. 1857
The last will and testament of Daniel Weeden of the Town of Fairfield, county of Herkimer and State of New York I, Daniel Weeden, considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this my last will and testament in manner and form following that is, to say First - I do direct and request my Executors to pay all my debts and funeral expenses and charges. Second - I do give and bequeath unto my beloved wife, Polly Weeden the sole use of all my real and personal estate during her life time, but in case she should marry again then she is not to have this use of any part or portion thereof.
Third - after the decease or marriage of my wife, Polly Weeden, then I direct and bequest my Executors to sell and dispose of all my real and personal estates.
Fourthly - I then direct and request to my Executors to divide the proceeds and assets from the sale of said real and personal estate into four equal parts or portions (to wit) one part or portion to my son, Stanton Perry Weeden; one part or portion to my daughter Abigail Eason; one part or portion to my daughter Betsey Harris and one other part or portion to my daughter, Almira C. Willis.
Lastly, I do hereby appoint my son, Stanton Perry Weeden and Josiah Harris to be
executors of this my last will and testament. Hereby revoking all former wills made by me. In witness whereof I have hereunto set my hand and seal this third day of July in the year of our Lord one thousand eighteen hundred and forty-nine.--------Witness this mark Daniel Weeden
Henry D. Safford
[In 1854 Daniel adds a codicil to his will.]
First - Now I do by this writing which I do declare to be a codicil to my said will to be taken as a part thereof (first I give and bequest to my grandchildren, Mary S. Willis and George W. Willis the heirs of my daughter, Almiria C. Willis, now deceased, all her part or portion of my estate that I had bequeathed to my said daughter, Almiria C. Willis, to share and share alike.
Second - I do direct and bequest that the children or heirs of my daughter, Abigail Eason, and my daughter, Betsey Harris shall in case of their decease before my decease receive the part or portion in my said will to share and share alike.
Lastly, it is my desire that this my present codicil be annexed to and made part of my last will and testament to all intents and purposes. In writing hereunto set my hand and seal this 28th day of February 1854.--Daniel Weeden
Henry D. Safford
County of Herkimer
Be it remembered that on the day of the date hereof the last will and testament of Daniel Weeden late of the Town of Fairfield in said County deceased bearing date the 5 day of July A.D. 1848. And the codicil hereto bearing the date of the 28th day of February A. D. 1854 ... were duly proved before Robert Earl Surrogate of the said county according to law. Has and for the last will and testament of the real and personal estate of said bearer which said last will and testament and codicil and proofs and examinations taken thereon are recorded in this office.
In testamony whereof the surrogate of the said county hath hereunto set his hand and affixed his seal of office this 30th day of November A.D. 1857.
Robert Earl, Surrogate