Last Will and Testament of Nicholas Salisbury (15 August 1833)
[First settler in Adams (according to his gravestone)
transcribed from Jefferson County, NY probate records
by Larry Turner -Citellus2@aol.com ]
In the name of God, Amen: I, Nicholas Salisbury, of Adams in the county of Jefferson and State of New York do make and declare this my last will testament in manner and form following. To wit, First- Ensign my soul into the hands of Almighty God hoping and believing in a remission of my sins by the merits and mediation of Jesus Christ, and my body I commit to the earth to be buried at the discretion of my executors hereinafter named : And my worldly estate I give and bequeath as follows: To wit.
First. I give and bequeath unto my son Seneca S. Salisbury and to my son Edward Salisbury one dollar each to be paid by my executors on demand at any time after decease. My said sons Seneca S. and Edward having as I believe received their just proportion of my property and they having given a receipt [follows will] in full under their hands and seals reference being had thereto:
Secondly, I give and devise unto my son Silas S. Salisbury all the farm I now reside on in Adams aforesaid and also all the rest of my real estate wheresoever the same may be; together with all things thereunto appertaining; to have and to hold all the said farms and all the rest of my real estate to my son Silas S. Salisbury for and during his natural life and if my said son Silas S. Salisbury shall die having a widow and a child or children or either, then I give and bequeath unto his said widow (if any) the use and profits of one half of the said Farms and real estate for and during the term of her natural life; remainder to his said children (if any) equally; And if my said son Silas S. Salisbury shall at his decease leave one or more children living, then in that case I give and devise my said farm and all my real estate to the said children of the said Silas S. Salisbury so living at his decease, share and share alike, and to their heirs and assigns forever, subject nevertheless to the life estate aforesaid of the said widow of the said Silas S. Salisbury: But in case the said Silas S. Salisbury shall die having no child or children, then in that case and event, I give and devise my said farm & real estate to those to whom it would descend by the laws of this State. Subject nevertheless to the life estate herein the one half thereof herein before devised to the widow of the said Silas S. Salisbury.
Thirdly I give and bequeath unto my daughter Lydia Smith, now the wife of Chauncey Smith sixty Dollars to be paid to her or her heirs out of the produce of the farm at the valuation which I now put upon the same. Should my executors think proper to turn out the produce of the farm in the payment of this legacy, it is to be received by my said daughter and in case of her death by her heirs at the following prices to wit: Hay at five Dollars per ton, wheat at twenty five cents per bushel, corn at fifty cents per bushel, rye at fifty cents per bushel, Barley at fifty cents per bushel or [?] meat stock [?] at the appraisal of men to be selected by said executors, and to be paid by my executors within two years after my decease on the said farm after reasonable notice given by my executors to her or to her heirs of the time at which they wish to turn out said property.
Fourthly I give and bequeath unto my daughter Abigail W. Rudd now the wife of Benjamin Rudd one dollar over and what above she has already received, she having previously received the amount agreed upon as her portion of my property;
Fifthly I give and bequeath unto the children of my daughter Sarah H. Brown, now deceased, sixty dollars to be divided equally among them, to be paid by my executors within three years after my decease out of the produce of the said farm (at the prices (if my executors shall choose so to pay) and in the manner in all and every respect herein before prescribed and directed for the payment of the legacy herein before given and bequeathed to Lydia Smith).
Sixthly I give and bequeath unto my daughter Lucy L .L. Webb, now the wife of Walter Webb, or to her heirs sixty dollars to be paid out of the produce of the said farm by my executors (if they shall choose so to pay) within four years after my decease at the prices & in the manner and in all & every respect herein before prescribed and directed for the payment of the legacy herein before given and bequeathed unto Lydia Smith. & I do further give unto my said daughter Lucy L. L. the bed, bedding, underbed, bedstead, and bed cord now used by me. & also one cow to be left to her choice, which of the cows she will take when demanded after my decease.
Seventhly I give and bequeath unto my said son Silas S. Salisbury, all the rest and residue of my personal estate whatsoever & whensoever & of what nature, kind, & quality soever the same may be, & not herein before given & disposed of after payment of all my just debts, legacies, funeral charges and expenses, all of which are to be a charge upon my estate and to be paid by my executors as herein before directed. And I do hereby constitute and appoint my brother Smith Salisbury and Walter Webb executors of this my last will and testament, and I do hereby revoke all and every will or device heretofore made by me. In witness whereof - I have hereunto set my hand and seal this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty three.
Nicholas Salisbury (L. S.)
Signed, sealed, subscribed, and dictated by the said Nicholas Salisbury to be his last will and testament in our presence who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereunto.
Calvin Skinner of Adams N.Y.
Laban? Bass of Adams N.Y.
David H. Parham of Adams, N.Y.
******************************************************************************************************Received this 26th day of May one thousand eight hundred & twenty seven of our Father Nicholas Salisbury the sum of six hundred and sixty seven Dollars in full Satisfaction forever of the share or shares which may fall to us of the estate of the said Nicholas Salisbury & we the undersigned do severally & jointly covenant and agree to and with the said Nicholas Salisbury, his heirs, executors, and administrators, that we will not (in consideration of the receipt of the sum aforesaid) ever call upon the said Nicholas or his legal representatives for any further or greater amount or thing whatsoever & we hereby do give a final discharge for the said Nicholas on his estate, this being given on a full & final settlement.
In testimony whereof we have hereunto set our hands and seals this day & year above written in the presence of Samuel N. Sweet [and] G. F. Adams.