MARY (SALISBURY) KENYON was the DAUGHTER of SAMUEL SALISBURY, of SWANSEA, BRISTOL, MA and his 1st Wife, SARAH HAIL, Daughter of BARNARD HAIL of SCITUATE, PROVIDENCE, RI
Samuel was a 2nd LT in the BERKSHIRE COUNTY MASSACHUSETTS MILITIA during the Revolution. He also lived in HOOSICK FALLS, NY and BENNINGTON COUNTY, VT
Will of SAMUEL SALISBURY of NELSON, MADISON, N.Y.
Pages 237-240 Transcribed by MARY ANN SALISBURY for SAMPUBCO
SALISBURY, SAMUEL NELSON Madison NY-27-A-237
Surnames: BROWN, CARPENTER, CARTER, COLE, ELMER, FOSTER, GAGE, GOODRICH, HOLMES, HUMPHREY, KENYON, MALLORY, SALISBURY, SCOTT
N.Y. Counties: CORTLAND, MADISON, ONANDAGA, OSWEGO, RENSSELAER, WASHINGTON
Will Signed: 10 DEC 1834; Will Proved: 3 SEPT 1835
Recorded: 5 SEPT 1835 by OTIS P. GRANGER, Surrogate
Witness: <_________> HUMPHREY of NELSON, NY
Witness: SAMUEL GAGE
Witness: REUEL HOLMES of NELSON, NY
Son and Co-Executor: GEORGE SALISBURY
Grandson and Co-Executor: DANIEL CARPENTER
(2nd) Wife: ESTHER SALISBURY, Mother of EMILY
Wife’s Daughter: EMILY, Mrs. HIRAM SALISBURY
1st Daughter: ELIZABETH, Mrs. EPHRAIM MALLORY
2nd Daughter: MARY, Mrs. AMASA KENYON
3rd Daughter: PATIENCE, Mrs. ELIJAH CARPENTER
4th Daughter: SALLY, Mrs. HYMONIOUS COLE
5th Daughter: PRUDENCE, Mrs. PHILIP CARTER
Son: BARNET SALISBURY, DECEASED and his HEIRS
Son: SYLVESTER SALISBURY and his HEIRS
Grand Daughter: SARAH SCOTT
Great-Grandson: NATHANIEL F. SALISBURY
JOHN SALISBURY of WASHINGTON CO, NY
PHILANDER SALISBURY of CORTLAND CO, NY
LYSANDER SALISBURY of ONANDAGA CO, NY
ALBERT G. SALISBURY of ONANDAGA CO, NY
DANIEL SALISBURY of MADISON CO, NY
CROMWELL SALISBURY of MADISON CO, NY
HIRAM SALISBURY of MADISON CO, NY
BETSEY GOODRICH of MADISON CO, NY
OLIVE and JESSE BROWN of MADISON CO, NY
SALLY and NATHANIEL FOSTER of MADISON CO, NY
ERASTUS SALISBURY, MINOR of MADISON CO, NY
MARY SALISBURY, MINOR of MADISON CO, NY
JOHN ELMER, Appointed Guardian of Mary and Erastus
THANK YOU to JUDY EMRY and DIANE STILES for sharing their SALISBURY Family Research
RECORD OF SAMUEL SALISBURY WILL AND THE PROOF AND PROBATE THEREOF
THE LAST WILL AND TESTAMENT OF SAMUEL SALISBURY OF THE TOWN OF NELSON COUNTY OF MADISON AND STATE OF NEW YORK
I, SAMUEL SALISBURY considering the uncertainty of this mortal life, and being of sound mind and memory, blessed be Almighty God for the same, do make and publish this my Last Will and Testament in manner and form following, (that is to say):
FIRST: I give and bequeath unto my Beloved WIFE ESTHER SALISBURY all of real and personal estate to be at her use and disposal for her comfort and benefit during her natural life, and also I give and bequeath unto my ELDEST DAUGHTER ELIZABETH, WIFE OF EPHRAIM MALLARY sixty dollars. I give and bequeath unto my SECOND DAUGHTER MARY WIFE OF AMASA KENION fifty dollars. I give and bequeath unto my THIRD DAUGHTER PATIENCE WIFE OF ELIJAH CARPENTER fifty dollars. I give and bequeath unto my FOURTH DAUGHTER SALLY WIFE OF HEIMONIUS COAL fifty dollars. I give and bequeath unto my FIFTH DAUGHTER PRUDENCE WIFE OF PHILIP CARTER fifty dollars. I give and bequeath unto the HEIRS OF MY SON BARONET SALISBURY (DECEASED) one dollar to each of them. I give and bequeath unto the HEIRS OF MY SON SYLVESTER SALISBURY one dollar to each one. I also give and bequeath unto MY PRESENT WIFE’S DAUGHTER EMILY, WIFE OF HIRAM SALISBURY, fifty dollars. I also give and bequeath unto my GRANDAUGHTER SARAH SCOTT forty dollars. I also give and bequeath unto my GREAT GRANDSON NATHANIEL F. SALISBURY fifty dollars. The remainder of my property, it is my will that it be equally divided betwixt MY CHILDREN THAT IS NOW LIVING and I hereby appoint GEORGE SALISBURY and DANIEL CARPENTER as my Lawful EXECUTORS and ADMINISTRATORS of this my Last Will and Testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this 10TH DAY OF DECEMBER, ONE THOUSAND EIGHT HUNDRED AND THIRTY FOUR.
SAMUEL SALISBURY (His Mark)
Signed, sealed, published and declared by the above named SAMUEL SALISBURY to be his Last Will and Testament in the presence of us, who have hereunto subscribed our names as witnesses in presence of the Testator.
At a SURROGATE’S COURT, <______> for the COUNTY of MADISON, at the SURROGATE’S OFFICE in MORRISVILLE on the 22ND DAY OF <JANUARY> 1835 before OTIS P. GRANGER, SURROGATE of said County on the day <_______> and at the place aforesaid GEORGE SALISBURY and DANIEL CARPENTER, EXECUTORS named in the Last Will and Testament of SAMUEL SALISBURY, late of NELSON, deceased, appeared before the said SURROGATE and exhibited the said will, and declared their intention to have the same proved and recorded as a will of real property and made satisfactory proof of the death of the said SAMUEL SALISBURY and his residence in the said County at the time of his death. Also that ERASTUS SALISBURY AND MARY SALISBURY HEIRS OF THE SAID DECEASED MINORS. Whereupon it is ordered that JOHN ELMER a <_______> Person of NELSON, be and he is hereby appointed GUARDIAN FOR THE SAID MINORS for the sole purpose of appearing for and taking care of the interests of the said Minors in State Proceedings.
OTIS P. GRANGER
At a SURROGATE’S COURT <________> for the COUNTY of MADISON at the SURROGATE’S OFFICE in MORRISVILLE on <________> <________> DAY OF SEPTEMBER 1835 before OTIS P. GRANGER, SURROGATE of said County, On <________> DAY <________> and at the place aforesaid, GEORGE SALISBURY and DANIEL CARPENTER, EXECUTORS of the Last Will and Testament of SAMUEL SALISBURY deceased, appeared for the purpose of proving said will and no one appearing to oppose the proof of said will, I, the said SURROGATE did thereupon proceed to <________> the proofs <________> <________> <________> of the said EXECUTORS and thereupon the said EXECUTORS produced satisfactory proof of LAWFUL SERVICE OF NOTICE of their application on ALL THE HEIRS OF THE SAID DECEASED, to wit, PERSONAL SERVICE on EPHRAIM MALLORY AND ELIZABETH his Wife, DANIEL SALISBURY, ELIJAH CARPENTER AND PATIENCE his Wife, CROMWELL SALISBURY, BETSEY GOODRICH, NATHANIEL FOSTER AND SALLY his Wife, HIRAM SALISBURY, <JESSE> BROWN AND OLIVE his Wife, JOHN ELMER the said GUARDIAN of ERASTUS SALISBURY AND MARY SALISBURY, MINORS: ALL of the COUNTY OF MADISON; HYMONIOUS COLE AND SALLY his Wife of OSWEGO COUNTY; PHILIP CARTER AND PRUDENCE his Wife, LYSANDER SALISBURY and ALBERT G. SALISBURY of the COUNTY OF ONANDAGA; AMASA KINYON AND MARY his Wife of RENSSELAER COUNTY; JOHN SALISBURY of the COUNTY OF WASHINGTON; and PHILANDER SALISBURY of the COUNTY OF CORTLAND at least TWENTY DAYS PREVIOUS To The 3RD DAY OF SEPTEMBER, INSTANT, And on SARAH SCOTT whose PLACE OF RESIDENCE IS UNKNOWN, by PUBLISHING said NOTICE on a <10> <cent> <__eak> For <SIX SUCCESSIVE> <_____> in the <_____> STATE PAPER PREVIOUS To The said 3RD DAY OF SEPTEMBER 1835.
Whereupon DANIEL CARPENTER was sworn by the said SURROGATE to <________> the DEATH AND RESIDENCE OF THE SAID SAMUEL SALISBURY, AND SAMUEL GAGE AND REUEL HOLMES, TWO OF THE SUBSCRIBING WITNESSES TO THE SAID WILL who TESTIFIED AS FOLLOWS:
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Aforesaid, on the 3rd AND 5th DAYS OF SEPTEMBER 1835 at MY OFFICE in the VILLAGE of MORRISVILLE in MADISON COUNTY, <____> the depositions of the said witnesses were by them respectively subscribed after having been first carefully read <over> to them. And I, the said SURROGATE, being satisfied upon the said proof before me taken as aforesaid that lawful service of notice of proving the said will has been served on all of the HEIRS of the said SAMUEL SALISBURY deceased: that the said will was duly executed and that the said Testator, at the time of executing the same was in all respects competent to devise real estate and not under any restraint, do therefore allow the said will, proofs and examinations to be recorded, as the same are above recorded.
OTIS P. GRANGER
PROBATE of the preceding WILL of SAMUEL SALISBURY deceased as a WILL of PERSONAL PROPERTY
RECORDED SEPTEMBER 5TH, 1835
STATE OF NEW YORK
MADISON COUNTY S.S.
Be it remembered, that at a SURROGATE’S COURT held for the COUNTY of MADISON, at the SURROGATE’S OFFICE in MORRISVILLE, on the THIRD DAY of SEPTEMBER 1835 and ADJOURNED FROM THAT DAY to the FIFTH DAY of the SAME MONTH AND YEAR, before OTIS P. GRANGER, SURROGATE of said County, the Last Will and Testament of SAMUEL SALISBURY, late of NELSON deceased (of which the foregoing is a copy) was admitted to PROBATE after a CITATION to the WIDOW and NEXT OF KIN to the said deceased first <______> served, returned and filed according to law. Whereupon, on the said THIRD DAY OF SEPTEMBER, SAMUEL GAGE and REUEL HOLMES, two of the subscribing WITNESSES to the said will appeared at the place aforesaid and were sworn by me, and on the said FIFTH DAY OF SEPTEMBER, <_________> HUMPHREY, another subscribing WITNESS to the said will also appeared and was sworn by me, and the said WITNESSES severally testified that the said SAMUEL GAGE AT THE DIRECTION AND REQUEST OF THE SAID SAMUEL SALISBURY DECEASED SIGNED THE NAME OF HIM THE SAID DECEASED TO THE INSTRUMENT shown unto them which said instrument purports to be the Last Will and Testament of the said deceased bearing date the 10th DAY OF DECEMBER 1834: that they also SAW THE SAID DECEASED MAKE HIS MARK UNDER THE SAID NAME TO SAID INSTRUMENT. That they heard the said deceased publish and declare said instrument to be his Last Will and Testament, that at the time thereof, He, the said deceased was of sound, disposing mind, memory and understanding, over the age of twenty-one years and not under any restraint and that they did severally subscribe their names as witnesses to the execution of said will in the presence of the said testator and of each other and at the request of the said testator. And the said REUEL HOLMES ALSO TESTIFIED THAT SAID WILL IMMEDIATELY AFTER ITS EXECUTION AS AFORESAID, WAS <______________> TO THE WIDOW OF THE SAID DECEASED FOR SAFE KEEPING.
DANIEL CARPENTER BEING DULY SWORN ALSO TESTIFIED THAT HE RECEIVED SAID WILL FROM THE WIDOW OF THE SAID DECEASED AND <___________> THE SAME TO THE SAID SURROGATE FOR PROBATE. Whereupon, I, the said SURROGATE, upon the proof aforesaid, being satisfied of the genuine___> and validity of the said will, order that the same be admitted to probate, and that letters testamentary therein, be granted to the EXECUTORS in said will named AFTER THE EXPIRATION OF THIRTY DAYS from the time of taking the proof aforesaid.
OTIS P. GRANGER
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