This is a Message Board Post that is gatewayed to this mailing list. Surnames: KELSEY, BENSON, FLINT, GILES, DRAKE, MINT?,CLARK Classification: Will Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/3RB.2ACE/360 Message Board Post: Will 54-22-125 In the Name of God Amen, I, Horace KELSEY, of the town of Barton, County of Tioga, and state of New York, being 80 years of age, and being of sound mind and memory and considering the uncertainty of the frail and transitory life, do therefore make, ordain and publish and declare this to be my last Will and Testament, that is to say:- First: After all my lawful debts are paid and discharged, I give and bequeath to my wife Celinda KELSEY my house and lot now owned and occupied by me, situated in the town of Barton, County, State, aforesaid, to have and to hold the same for her own use and disposal as she may choose. I also give and bequeath to my wife Celinda KELSEY, my cow and my entire household furniture and the use of all property that I may possess at the time of my decease and all said property to be converted into money by my executrix at her option and placed at interest secured by bond and mortgage on real estate, the interest to be paid annually to my wife Celinda, excepting and reserving from the above mentioned property the sum of one hundred dollars which I hereby give and bequeath to my daughter-in-law, Betsey KELSEY, to be paid as soon as sufficient money shall come into the hands of my executrix after paying my debts. I further order that if from any cause the interest of my said estate is not sufficient for the support of my said wife Celinda KELSEY, then she shall use so much of the principal as may be necessary. I do further order that whatever amount shall be left or remain of my estate at the death of my wife Celinda, shall be given to my two daughters Clarissa BENSON and Melissa FLINT and my daughter-in-law Betsey KELSEY, to be divided equally with the three. Likewise, I make, constitute and appoint Celinda KELSEY my sole executrix and to be executrix of this my last will and testament hereby _____ all former wills by me made. In witness whereof I have hereto subscribed my name affixed seal the fifth day of November in the year of our Lord One Thousand Eighteen Hundred Seventy-Nine. Signed, Horace KELSEY (L.S.) The above written instrument was subscribed by said Horrace KELSEY in our presence and acknowledged by him to each of us, and he, at the sworn time, declared the above instrument so subscribed to be his last Will and Testament, and are, at his request, have signed our names as witnesses hereto in his presence and in the presence of each other and written opposite our names, our respective places of residences. Wm. W. Giles, Halsey Valley, Tioga Co. NY W. G. Giles, Halsey Valley, Tioga Co. NY Surrogate Court of Tioga In the matter of proving the Last Will and Testament of Horrace KELSEY - deceased. County of Tioga as: Jedidiah? E. DRAKE and James H. DRAKE being duly sworn, each for himself says: that he resides in the town of Barton, Tioga County, New York; that he was well acquainted with Horrac KELSEY, late of the town of Barton, deceased in his life-time, that he was well acquainted with the said Horrace KELSEY'S handwriting, having often seen him write; that the signature Horrace KELSEY to the instrument in writing, bearing date November 5th, 1879, proporting to be the last Will and Testament of said Horrace KELSEY, deceased, is in the opinion of the deponent, the genuine signature of the said Horrace KELSEY and in his handwriting. Each of these deponents further says that he is well acquainted with W. G. GILES, who formerly lived in the town of Carbondale in the State of Pennslyvania and who is the subscribing witness to said Last Will and Testament of Horrace KELSEY; and that deponent is well acquainted with the handwriting of said W. G. GILES having often seen him write; and that the signature "W. G. GILES" to the attestation clause of said Will and Testament is, in the opinion of deponents, the genuine signature of said W. GILES and is his handwriting; that said W. G. GILES is at present absent from the state of New York and his testimony cannot be obtained in this court at this time. Subscribed and sworn before me this 14th Day of March 1891. Signed: Howard J. MinT? Surrogate J E. DRAKE JAMES H. DRAKE Be it remembered, that heretofore, on the 24th Day of February, in the year 1891, Celinda KELSEY, of the town of Barton, Tioga County, New York, the sole executrix, named in the Last Will and Testament of Horace KELSEY, late of the town of Barton, in the County of Tioga, now deceased, appeared in open court before the Surrogate of Tioga County, and filed her pertition, praying that such instrument be admitted to probate as the Last Will and Testament of said deceased, and that the proper persons be cited to attend the probate thereof; to be so cited, and who are named in such petition, requiring them to appear before him, at his office in the Village of Owego, in said County of Tioga, on the 14th Day of March 1891 to attend the probate of such will. And afterwards to wit, on such 14th Day of March, 1891, due proof being filed of the service of such citation and the said proponent having appeared by her attorney, H. Austin CLARK, Esq.; and noone having appeared to oppose the probate of said Will; and the witnesses on behalf of the proponent appearing in support of said Will in the said 14th Day of March, 1891, and also upon the 23rd Day of March, 1891, to which day the proceeding was reguarly and duly adjurned.