Amanuensis Monday -- 1891 Will of James W. Seaver (1812-1892) of Genesee County, New York

  This week's document for transcription is the 1891 will of James W. Seaver (1812-1892), in the Genesee County, New York Surrogate Court records.

*  Genesee County, New York Surrogates Court Records, Record of Wills Vol. 0022, Page 461, image 245 of 339:

*  Genesee County, New York Surrogates Court Records, Record of Wills, Vol. 0022, Pages 462-463, image 246 of 339: 

The transcription of this document is:

Know all men by these presents that I James W. Seaver of Byron

Genesee County N.Y., aged about seventy nine years being of sound

disposing mind and memory do make publish and declare this to be my

last Will and Testament hereby revoking all former Wills by me made:

First I give and bequeath to my beloved wife Jemima W. Seaver the use and occupan-

cy during her natural life of the house and barn and premises now occupied

by us as a residence the Store not being included.

Second I give and bequeath to my said Wife all my household furniture Pictures and

Carpets& cooking utensils and Books & Maps & Pictures & provision & Feed provided

for family use & all carriages, Harness to which is intended to include all

my personal property not connected with the debts or merchandise of the

Store ^and also three hundred Dollars per year be paid to her during her natural life as hereinafter provided^ 

This bequest being for her ultimate disposal and together with other provisions herein

contained to be in lieu of dower.

Third I give devise and bequeath to my daughter Mary M. Woods, wife of Henry .

Woods, my Store building and the lot of Land on which it is located situated

on the South east Corner of the four Corners at Byron Center, together with the

furniture belonging to the Hall in the second story of said building.

Fourth I give devise and bequeath to my daughter Jane A. Moore and Julia A. Stone

the premises herein before described the use of which is bequeathed to their Mother

after their said Mother shall cease to use occupy and control the same, and fur-

ther I intend this bequest to included the entire south west corner of the four

corners at Byron Center, thus including the store building and Lot upon which it

is located with full power to sell and convey the same by good and sufficient

title - The proceeds thereof to belong equally to my said two daughters or their

legal representatives.  The use and occupancy of said store building and the

land belonging thereto to belong to them from the date of my decease.

Fifth I hereby five devise and bequeath to my said daughter Jane A Moore and her

husband John E. Moore share and share alike my entire interest in all the stock

of Merchandise of the firm Moore & Seaver and all the appurtenances belonging

to the carrying on of said business whether in the store or not, and all my

interest in all the debts due and demands due or claimed to be due to said firm

of Moore & Seaver or to myself individually, with full power and authority to

demand and enforce the collection of the same.  This fifth bequest is based

upon the condition that said Jane A and John E Moore shall pay or cause to be paid

all demands against the firm of Moore & Seaver as also any  & all demands against

me individually, my intention being that they become sole owners of all my

property and debts belonging to me and pay all demands against me at the

time of my decease, excepting and always reserving from the property conveyed

to them the items included in the first second third and fourth sections of

this Will, and the carrying out of the provisions of this instrument depends

upon their acceptance of the same.  If they decline to accept this legacy with the

obligations it imposes upon them, then and in that case I cancel the fore-

going bequests and direct my estate to be settled in accordance with the statutes

in such cases provided.

Sixth I stipulate that the three hundred dollars annually to be paid to my wife be

paid two thirds by my daughter Mary and the remainder by my daughters

Jane & Julia and further that said Jane & Julia at their convenience pay to my

Grandson William Seaver Woods for his name one hundred dollars and

that my Gold headed Cane be given to my Son in law Henry C. Woods and

my Silver Watch to my Son in law John E. Moore - and that my trunk & its

contents containing my precious Spiritual Writings correspondence &c be

entrusted to the tender care and keeping of my two daughters Jane and Julia

as the most precious legacy herein included & that they keep the buildings

devised to them in good repair, insured and pay all taxes on the same even

while occupied by their Mother.

Seventh I hereby nominate and appoint my daughter Julia A. Stone and my sons

in law John E. Moore and Henry C. Woods Executors of this my last Will

and Testament, and request that they be not required to execute bonds for the

faithful discharge of the trust thus commited to their care.

Eighth  And I entrust to my daughters Jane and Julia our family burial Lot in Byron

Center Cemetery, to be used as a family burial lot, and I wish my said

daughters to attend to the filial duty of having intered upon it the re-

mains of myself and their Mother, and having erected at our graves suitable

marble tomb stones, and that they pay all expenses thereof and I further

request that they allow my daughter Mary Woods to have the privilege of

the interment of her remains of any of the deceased members of her family

on said Lot.  I also stipulate that my executors receive no fees or commissions

for their services in executing their trust.

I further stipulate and direct that no part of my Estate shall by any

means legal or otherwise be diverted to the heirs or kindred of said John E.

Moore and I certify this above interlineation was made before signing. 

In witness whereof I have hereunto set my hand and seal this

29th day of July 1891.                                     J.W. Seaver    L.S.

The above instrument consisting of one sheet was at the date thereof

sealed published and declared by the said James W. Seaver as and for his

last Will and Testament in presence of us who at his request and in the

presence of each other have subscribed our names as witnesses thereto

                                                                    Eugene S. Smith  Byron N.Y.

                                                                    Edward M. Sherwood  Byron N.Y.

The source citation for this will is:

New York Surrogates Court, Probate files, Genesee County > "Record Wills, Vol. 0022, 1891-1893," pages 461-463,  (images 245-246 of 339), James W. Seaver will, written 29 July 1891, proved 23 January 1893; "New York, U.S., Wills and Probates, 1659-1999," indexed records with digital images, Ancestry.com   (https://www.ancestry.com : accessed 10 December 2023); Original data is from New York County, District and Probate Courts filmed by FamilySearch.

James William Seaver (1812-1892) was born 29 June 1812 in Darien, New York, the son of James Everett and Margaret (McColl) Seaver.  He died 18 December 1892 in Byron, New York.  He married Jemima Wells Moore (1814-1905) in about 1838 in New York.  They had four children:

*  Jane Ann Seaver (1840-????), married John E. Moore (1837-????).

*  Julia A. Seaver (1841-1895), married Oliver C. Stone (1838-1871)

*  James G. Seaver (1844-1881), married Alice M. Banks (1837-????)

*  Mary Moore Seaver (1848-1925), married 1868 Rev. Henry Clay Woods (1844-1917).

The pages above are a Genesee County, New York Surrogates Court clerk's copy of a handwritten copy of the original will, transcribed to the court record book and therefore a Derivative Source. It is Primary Information and Direct Evidence of the names, relationships, dates and places noted therein.

There may be other records for this probate file, perhaps an inventory, account and distribution in Genesee County Surrogates Court records. There may be a probate record for Jemima (Moore) Seaver after she dies in 1895.

I am a 6th cousin 4 times removed to James William Seaver, with the common Seaver ancestor being my 9th great-grandfather Robert Seaver (1608-1683).

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NOTE: Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday." John offers this definition for "amanuensis:"

"A person employed to write what another dictates or to copy what has been written by another."

Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.

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