Last Will and Testament of William Drake

The Last Will and Testament of William Drake

Transcribed by:  William Richard Stout
Transcribed on: 20 Jul 1999
Will Written:  22 April 1826
Will proven:  21 Jun 1826

I William Drake of Lyons Town, Wayne County, New York, do make and ordain this my last will and testament in manner and form following.  Viz. All my estate real and personal I desire may be sold by my executor, my personal property to be sold in one month after my decease, and my real estate at such times, in such manner and on such credit as in his judgement shall be most conductive to the interest of the parties concerned, and the money arising therefrom to be divided into thirteen equal parts, and applied as follows, Vis" To Aaron Drake, Gideon Drake, Joab Drake, Nathan Drake, Amos Drake, Amelia Stout, Susanna Wikoof, Sarah Beard, Elizabeth Knapp, Marry Riggs, Francina Forgerson, my sons and daughters, each one share.  To John Stout, James Stout, Simon Stout, Mabel Puttess (?), Mary Baikley, Eliza Ann Stout, and Katherine Stout, sons and daughters of my deceased daughter Katherine Stout, on other part to be equally divided amongst them.  To Charles Stafford, Mary Stafford, and Susanna Stafford, son and daughters of my deceased daughter Else Stafford, the one other part to be equally divided amonst them.  And I hereby nominate, constitute and appoint my grand son James Stout sole executor of this my last will and testament hereby revoking all other and former wills by me at any time heretofore made.  In witness thereof, I have hereunto set my hand and seal, the twenty second day of April in the year of our Lord one thousand eight hundred and twenty six.

William Drake (seal)

Signed sealed published and declared by the said testator, William Drake, as and for his last will and testament in the presence of us who have subscribed our names as witnesses thereto, in the presence of the testator. Richard P. Price, John N. Bloomer, Josiah Colcord.  My wearing apparel I give and bequeath to my son Amos Drake.

Be it remembered that on the twenty first day of June in the year of our Lord one thousand eight and twenty six personally appeared before me (unknown name) Esquire, Surrogate of the County of Wayne, Richard P Price who being duly sworn, did depose and say that he de??? saw William Drake late of the County of Wayne, deceased, sign and seal the written instrument, then show unto him of which the aforegoing is a true copy, purporting to be the Last Will and testament of the said William Drake deceased, hearing date the twenty-second day of April in the year of our Lord one thousand eight hundred and twenty six.  That at the time thereof, the said William Drake was of a sound disposing mind and memory, to the best of the knowledge and belief of him the said deponent and that he the said deponent and John W Bloomer and Josiah Colcord subscribed their names and witnessed to the said will in the presence of each other , and the presence of the Testator.

(Unknown name)

I have not seen this document myself.  I believe the original is still in the courthouse in Lyons, New York, but it was transcribed by a Stout Cousin.  We've emailed each other a few times and he seems to be a bright man, so I would trust that he transcribed it exactly as he read it.