Probate Record of Daniel
Moland's Will
(Shirley's Notes: This is a
transcribed copy from images of the probate record. The first page was a
type written form with the names handwritten in. I have underlined the
places where the information is hand written on page one only. Also, in
some places the handwriting is not readable. The second page and third
page is all hand written and is also not readable in places.)
(Page 1)
State of New York
Allegany County Surrogate's Office
Be It Remembered, That on
the day of the date hereof, the Last Will and Testament of Daniel
Moland; late of the Town of Alfred, in the County of Allegany
and State of New York, deceased, being the within and foregoing written
instrument, was duly proved before, S. McArthur Norton, Surrogate of the
said County, according to law as and for the Last Will and Testament of
the real and personal estate of the said deceased, which said last Will
and testament and the proofs and examinations taken hereon, are recorded
in this office.
In Testimony Whereof, The Surrogate of the said
County hath hereunto set his had and affixed his seal of office this twelfth
day of April A.D., 1894
(signature of S M Norton)
Surrogate's Court -- County of Allegany
In the Matter of proving the Last Will and Testament of
Daniel Moland deceased.
ALLEGANY COUNTY - ss
David R. Stillman and (unreadable) E. Stillman
being first and duly sworn in open Court, each for himself, doth depose
and say, that he is subscribing witness to the Last Will and Testament
of Daniel Moland late of the town of Alfred in the County
of Allegany, and State of New York. And these deponents do
further say that the said Daniel Moland deceased, did to the
presence of each of these deponents subscribe his name at the end
of the instrument in writing, which is now here shown to these
deponents, and which purports to be the last Will and Testament of the
said deceased and which bears date on the Sixth day of December
one thousand eight hundred and Eighty-Six. That said deceased
died on or about the Nineteenth day of February 1894;
at Alfred Center Allegany Co., NY. That the said deceased did, at
the time of subscribing, his name to the said last will and
Testament; and these deponents did respectively subscribe their own
names at the (unreadable) of said instrument, as attesting witness to
the execution thereof, each at the request of said deceased, in his
presence, and in the presence of each other: That the said deceased, at
the time of so subscribing his name to said instrument as
aforesaid and publishing said instrument as aforesaid was of full age;
that he appeared to be, and deponents believe he was of sound mind,
memory and understanding, and not under (unreadable) restraint, and, as
deponents believe, in all respects competent to devise real estate; that
each of these deponents saw the saw the other sign his (unreadable) so
the said instrument in the presence of the said deceased. (signatures
of D. R. Stillman and L. E. Stillman)
(Page 2)
Know all men by these present that I,
Daniel Moland of the town of Alfred in the county of Allegany and state
of New York, of the age of sixty-two years and upwards and being of
sound and disposing mind able memory, do make publish and declare it is
my Last Will and Testament, in manner following, that is to say: First,
I give and devise to my wife, Sarah E. Moland all that certain tract or
parcel of land situate in the town of Alfred, county of Allegany and
state of New York, and being in township number three in the seventh
range of township in the county of Allegany known and distinguished as
the Middle=East sixty-one acres and ninety-seven (61 97/100) hundredths
of an acre in Lot number twenty eight (28) hundred as follows:
Beginning on the east line of the said lot, on the
south line of lands formerly owned by Wesley C K Callen, deceased and
(next two words unreadable) thence Southerly on said East Line, twenty
chains (word unreadable) twenty=five links (20.25): thence Westerly to
the east line of land hereafter conveyed to Gabriel Cornelius and
(unreadable) Westerly and Northerly by the highway and by lands of said
Cornelius and Callen, as surveyed by Bronson K. Lyn it being the same
land conveyed to Daniel Moland by deed from Walter Heard, Trustee, on
the 6th day of December 1870, said deed being recorded in the Allegany
County Clerks office in Library of Deeds on page 492 together with all
and (unreadable) the (unreadable) and appurtenances thereunto belonging
or in any wise appertaining. To hence and to hold the same to my said
wife, Sarah E. Moland, and to her heirs and (next two words unreadable).
Second, I give and bequest to my said wife, Sarah E.
Moland, all the household furniture of every kind and nature which I may
own at the time of my decease and the one third part of all the rest
(unreadable) and order of the personal estate of which I may did
(unreadable) said provisions herein before named, be accepted by my said
wife, in lien of (unreadable) and of all statutory for (unreadable) and
(unreadable) and exceptions of every description for the benefit of
widows.
Third, I give, bequeath and demise to my sons James
W. Moland, Arthur W. Moland and Milo D. Moland and to my daughters, Anna
Melissa (unreadable), Minnie M. Moland and Mary E. Moland, all of the
rest residual and securities of any estate (next three words unreadable)
and seal of every (rest of line unreadable) divided between equally
(rest of line unreadable), And lastly I hereby nominate and (last of
line unreadable).
(Page 3)
Sarah E. Moland, sole Executor of this my last Will and
Testament, hereby revoking all former Wills by me made. In Witness where
of I have unto sit my and offered my seal this sixth day of December in
the year of our Lord one thousand eight hundred and eighty six.
(signed Daniel Moland with the initials "LS"
next to it.)
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