Will_of_Sebastian_Gunsolus.jpg

Will of Sebastian Gunsolus

Privacy Level: Open (White)
Date: [unknown] [unknown]
Location: Broadalbin, Fulton, New York, United Statesmap
Surname/tag: Gunsolus, Lewis, Vrooman, Putman, VanEpps
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This is a transcription (of a transcription) of the last Will and Testament of Sebastian Gunsolus. It is genealogically significant since he mentions a number of names and relationships. All names mentioned have been placed in BOLD print for readability. The transcription of 1882 was transcribed into the records in a single paragraph, but it is presented here in it's original paragraphs, again for readability. Any text displayed in italics within [brackets] are comments by the WikiTree transcriber. One further note: In the transcription the name "Putman" was transcribed as "Putnam." This has been corrected.

Last Will and Testament of Sebastian Gunsolus

Justice of the Peace

Recorded Jany 18 1882 at 12N       S J Westfall Clerk [signature of the clerk]

The last Will and Testament of Sebastian Gunsolus Farmer, of the Town of Broadalbin, in the County of Fulton and State of New York.

I Sebastian Gunsolus, considering the uncertainty of this life and being of sound mind and memory, do make and publish this my last will & testament in manner following, that is to say: I give and devise to my beloved wife Mary Magdelene all that farm or parcel of land situate in Amsterdam, in the County of Montgomery, which I recently purchased of Lansing G Lewis to hold the same to her & her heirs & assigns forever.

    I also give & devise to my said wife the use and enjoyment of my homestead farm, on which we now reside, for and during her natural life.

    I also give and bequeath to my said wife all of my household furniture, four cows, & ten sheep & six hundred dollars in money, which provisions & others herein contained for her benefit, I hereby declare to be in lieu of her right & claim of thirds and dower in my real estate.

    I also give and devise to Sebastian J Gunsolus all the homestead farm upon which I now reside containing about one hundred and eighty acres of land, subject to the life estate therein above devised to my said wife together with twenty acres of the farm known as the Hoagland farm now owned by me, ten acres of which is to be wood land to have and to hold the same to him his heirs & assigns forever.

    And I give and bequeath to the said Sebastian J Gunsolus one pleasure sleigh and a sett of harness.

    I give and devise to Sebastian Vrooman the use & enjoyment of fifty acres of land, being one half of what was lately known as the Gradus Lewis farm, during the term of his natural life, subject to the payment of an annuity or yearly rent of fifty dollars a year to my said wife, which I hereby give, devise & bequeath to her as a charge thereon for & during the term of her natural life.

I give and devise to Sebastian G Vrooman, all of the farm lately known as the Gradus Lewis farm, now owned by me, containing about one hundred acres, subject to the use of one half thereof, by Sebastian Vrooman his father, during his life & to the payment of the annual annuity of fifty dollars, to my wife as above mentioned to hold the same to him his heirs & assigns forever subject to the claims aforesaid, provided however that the said Sebastian G Vrooman shall not be at liberty to sell or dispose of said farm or any part thereof, exempt by will, until he shall arrive at the age of twenty four years.

    I give and devise to Maria Put[man] during her natural life & no longer, the use and enjoyment of twenty acres of the said Hoagland farm, two acres of which is to be wood land, and the cleared part is to commence at the northeast corner of said farm & run thence south along the road so far as to include the house and door yard thereon, thence a due west course so far as to contain eighteen acres by by running from the south line north to the north line of said farm, thence along the said north line east to the place of beginning, the two acres of wood land to be taken from the wood land nearest the house on the said eighteen acres. I also give and bequeath to the said Maria Put[man] one cow.

    I hereby give and devise to Sebastian Gunsolus the son of Sebastian J Gunsolus, all the aforesaid Hoagland farm, except the twenty acres above devised to the said Sebastian J, his Father, subject to the life estate of Maria Put[man] in twenty acres thereof, as above devised and described to hold the same to him his heirs & assigns forever.

    Also I give and devise to Sebastian E. Gu[n]solus [spelling correct in original] the use & enjoyment of one hundred acres of land lying in the town of Wheeler in Steuben County in the State of New York to be taken off & from the south part of the two hundred & thirty seven & three fourths acres now owned by me, by a line to run easterly and westerly across the same to have & to hold the same to him for & during his natural life & no longer without impeachment or waste, and from and immediately after the decease of the said Sebastian E, I give & devise the same one hundred acres of land to the legal heirs of the said Sebastian E their heirs and assigns forever.

    I also give & devise to William Sebastian Allen one half of the remaining one hundred and thirty seven & three fourths acres of the farm situate in the town of Wheeler aforesaid to be laid off & taken from the south part thereof, & next to the one hundred acres above devised to the said Sebast[i]an [spelling correct in original] E Gunsolus by a line drawn east and west as nearly as may be, to have and to hold the same with the appurtenances to him during the term of his natural life & then to the children and heirs of his body their heirs and assigns forever. But in case the said William Sebastian Allen died without leavng lawful heirs of his body as aforesaid, then & in that case I give & devise the same land with the appurtenances to his Brother John Allen, his heirs and assigns forever.

    Also I give & devise to Matthias Gunsolus, a son of Sebastian Gunsolus deceased, the north part and residue of my farm of two hundred & thirty seven and three fourths acres of land situate in the town of Wheeler aforesaid to have & to hold the same, with the appurtenances to him his heirs & assigns forever, but in case the said Matthias Gunsolus die before twenty one years of age without leaving a lawful heir of his body, then & from & after his decease I give & devise the same lands with the appurtenances to Sebastian Gunsolus Lewis (a son of John Lewis) his heirs & assigns forever.

    Also I give & devise to Mary Magdalen Gunsolus Lewis sixty four acres of land with the appurtenances situate in the town of Wheeler aforesaid & about half a mile from the two hundred & thirty seven & three fourths acres of land above devised & upon which there are a house & barn &c. to have & to hold the same to her & to her heirs & assigns forever, but in case of her death before she is twenty four years of age without leaving one or more lawful heirs of her body then from & immediately after her decease I give & devise the same sixty four acres &c. to her Brother William Lewis, his heirs & assigns forever, and until the said Mary M G Lewis arrive at the age of twenty four year, or in case she shall die before she is twenty four years old without leaving an heir as aforesaid, and then in the last case until the said William Lewis, her Brother, shall arrive at the age of twenty one years I give & devise the use & possession of the aforesaid sixty four acres of land without impeachment or waste to Sebastian Lewis, the Father of the said Mary and William, subject to the payment of fifteen dollars a year to my said wife during her natural life, which I make a charge thereon, to be paid by such of the above devises as may be entitled to the possession thereof.

    And also & give and devise to Sebastian Gunsolus Put[man], a son of Jacob Put[man], one hundred acres of land with the appurtenances situate in the town of Cato & County of Cayuga being a part of a farm of one hundred and forty acres now owned by me beginning at a highway and running thence to the Lake so as to leave forty acres of the north part of the said lot or farm of one hundred & forty acres to have and to hold the same to him & to his heirs & assigns forever but in case the said Sebastian Gunsolus Put[man] die before he is twenty four years old without leaving one or more lawful heirs of his body, then & from & after his decease I give & devise the same one hundred acres of land to his Brother John Put[man] his heirs & assigns forever, and untill the said Sebastian G Put[man] shall arrive at the age of twnety four years or in case of his death before that time without leaving lawful issue as aforesaid then in the last case untill the said John Put[man] shall become twenty one years old, I give & devise, the possession & use of the said last mentioned one hundred acres of land with the appurtenances &c. to Jacob Put[man], the Father of the said Sebastian G & John Put[man] to hold the same without impeachment or waste.     And my will is and I do hereby declare that the aforesaid last one hundred acres of land is devised as aforesaid subject to the payment of ten dollars as an annuity to be paid annually to my said wife for & during the term of her natural life by such of the above named devisers their heirs or assigns as shall be entitled to the possession and use of the same for the time being.

    Also I give and devise unto Hannah Put[man], a daughter of William Lewis deceased, & now the wife of Jacob Put[man], the possession & use of forty acres of land, being the north part & residue of the aforesaid one hundred and forty acres frarm situate in the town of Cato aforesaid to have & to hold the same to her for & during the term of her natural life without impeachment or waste.

    And it is my will and I do order & direct that at least ten acres of wood land be reserved & kept in the said last mentioned forty acres for & during & untill the full end & term of the life estate above devised to the said Hannah Put[man].

    And then from and immediately after her decease I give & devise the same last mentioned forty acres of land unto Fanny Matilda, a daughter of the said Jacob & Hannah Put[man], her heirs & assigns forever.

    Also I give unto Sebastian Van Epps a son of Charles Van Epps, the sum of one hundred dollars.

    Also I give to Sebastian Gunsolus Lewis, a son of John Lewis, of Steuben County, the sum of fifty dollars.

    Also I give to Sebastian Gunsolus Lewis, a son of Joseph Lewis, of the County of Steuben, the like sum of fifty dollars.

    Also I give to Sebastian Gunsolus a son of my Brother Cornelius Gunsolus the like sum of fifty dollars.

    Also I give John Lewis, a son of Jacob Lewis deceased, the like sum of fifty dollars.

    Also I give to Gradus Lewis a son of Jacob Lewis deceased, whose mother as a Pawling, the sum of fifty dollars.

    Also I give to Charles Sebastian Gunsolus, a son of Joseph Gunsolus of Canada, the sum of twenty five dollars.

    And all the rest residue & remainder of all my estate & effects, both real & personal whatsoever & wheresoever not herein before otherwise effectually disposed of after the payments of my debts, legacies, funeral expenses, executors fees & other necessary expenses, I give bequeath & devise to my well beloved wife to & for her own use & benefit absolutely.

    It is my will and I so order & direct that all of the real estate hereinabove devised except so much thereof as is devised to my said wife, either in fee or for life be leased out and rented by my executors hereinafter named untill the rents thereof together with my personal property not herein specifically bequeathed shall be sufficient to pay all my debts & the cash legacies herein bequeathed & until then I give any executors the possession & control of the said real estate.

    And finally I hereby revoke all former Wills by me made and constitute and appoint my trusty friends James Kennedy & Sebastian Vrooman, executors of this my last will and testament.

Sebastian his X mark Gunsolus L S.

In witness whereof I have hereunto set my hand and seal this first day of October in the year of our Lord one thousand eight hundred & thirty nine, the above instrument consisting of two sheets was now heresubscibed by Sebastian Gunsolus the testator in presence of each of us, and was at the time declared by him to be his last will & testament, and we at his request, sign our names hereto as attesting witnesses, Jno Stewart residing in Amsterdam Montgomery C. Joseph Thatcher residing in Amsterdam Montgomery Co Henry Banta residing in Perth Fulton Co.

Codicil. Whereas I Sebastian Gunsolus of the Town of Broadalbin in the County of Fulton & State of New York, have made & published my last Will & Testament in writing bearing date the first day of October in the year eighteen hundred and thirty nine, and have therein and thereby devised to Sebastian J Gunsolus among other things twenty acres of the Hoagland farm as in said Will specified and have also devised to Maria Put[man] a life estate in twenty other acres of the said Hoadland farm as described in said will.

    Now I do by this my writing which I hereby declare to be a Codicil to my said last will (to be taken as a part thereof) give & bequeath to the said Maria Put[man] the sum of two hundred & fifty dollars to be paid to her by my executors in two years from my decease to be in lieu of the aforesaid devise to her.

    I also give and devise to Sebastian Gunsolus, the son of Sebastian J Gunsolus, all of the said Hoagland farm free from the above mentioned devises to his said Father & the said Maria Put[man], the title thereof, and the right of possession to be vested in him when he shall arrive at the age of twenty one years & not before, and in case he die before he shall be twenty one years old then I give and devise the said Hoagland farm in fee to Mary Magdelene Gunsolus, a daughter of the said Sebastian J Gunsolus, to be possessed by her when she becomes twenty one years of age and not before.

    And untill the said Sebastian Gunsolus or his said Sister Mary Magdalene shall be entitled to the possession of the said Hoagland farm, in pursuance of the provisions of this Codicil, I order and direct that my said executors take the charge and control of said farm as Trustees threof and that they receive the rents & profits thereof & apply so much of said rents as they may deem most beneficial to make permanent improvements & necessary repairs upon said farm & the remainder of the said rents & profits if any, to invest securely for the use of the person that shall be entitled to said farm under the provisions of this Codicil. And whereas in & by said last will & testament, I have given and devised sixty four acres of land, situate in the town of Wheeler & County of Steuben to Mary Magdelene Gunsolus Lewis & to her Brother William upon the contingencies in said will mentioned & also a contingent estate or interest therein to Sebastian Lewis the Father of the said Mary & William, subject to the conditions and annuity in said will mentioned.

    Now instead of the provisions in said will in relation to the said sixty four acres of land, I give & devise the same to the said Sebastian Lewisfor his use during his natural life & no longer, and from and after the death of the said Sebastian LewisI give and devise the said sixty four acres of land to his said daughter Mary Magdalene, in case she be then living & twenty one years old or as soon thereafter as she shall become twenty one years of age, but in case the said Mary Magdalene die before her said Father or before she arrives at the age of twenty one year leaving no lawful heir or heirs of her body, then & in that case I give & devise the said sixty four acres of land to her said Brother William Lewis in fee, subject however to the life estate above devised to their said Father Sebastian and subject also to the annuity in said will.

    And lastly it is my desire that this my present Codicil be annexed to & made a part of my last will & testament to all intents & purposes. In witness whereof I have hereunto set my hand & seal this fourteenth day of April in the year eighhteen hundred & forty one.

Sebastian his X mark Gunsolus L S.

The above instrument of one sheet was at the date thereof declared to, as by the testator Sebastian Gunsolus to be a Codicil to be annexed to his last will & testament, and he acknowledged to each of us that he had subscribed the same & we at his request sign our names hereto as attesting witnesses, Jno Stewart residing in Amsterdam Montgomery Co. Joseph Thatcher, residing in Amsterdam Montgomery Co. Henry Banta residing in Perth Fulton Co. State of New York County of Fulton ยง

I Dewitt C Moore, Clerk of the Surrogate's Court of the County of Fulton, do hereby certify that the foregoing is a true copy of the last will and testament and Codicil thereto of Sebastian Gunsolus deceased, which will and Codicil was proved before the Hon Archibald Mc Farlan, Surrogate of Fulton County as appears from the records of the Surrogate's Office, on the fifth day of November, in the year of our Lord one thousand eight hundred and forty two, as a will relating to real and personal estate, pursuant to the provisions of the Statutes of the State of New York in such case made and provided. And I further certify that the said will, and the Codicil thereto, and the proofs taken in relation to the execution thereof, are recorded in the said Surrogate's Office of the County of Fulton, in Book of Wills No 3 at pages 250 to 261 inclusive, kept in said Office for such purposes. In testimony whereof I have hereunto set my hand and affixed the Seal of the Surrogate's Court of the County of Fulton, at Johnstown N Y, this 14th day of December in the year of our Lord 1881. Dewitt C Moore Clerk of the Surrogate's Court of Fulton County New York L S. Recorded Jany 18' 1882 at 12N       S. J. Westfall Clerk [signature of clerk]





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