William Middaugh (19 Dec 1811- 22 August 1881) is my third great-grandfather on my mother’s side. This Will was written 15 August 1881. At the time of his death, William’s immediate family consisted of:
1st Wife: Abigail H. Norton, deceased (1811-1852)
2nd Wife: Jane D. Clark Middaugh, deceased (1827-1879)
Daughter: Francis Helen Middaugh, deceased (1838-1874)
Son: Ebenezer Norton Middaugh, living (1839-1911)
Daughter: Orpha Belsora Middaugh Barrett, deceased (1843-1886)
Daughter: Nancy Phebe Middaugh Wright, living (1845-1933)
Son: William Alvin Middaugh, deceased (1847-1847)
Daughter: Susan Meriah Middaugh Singleton Groce, living (1850-1908)
Daughter: Abigail Middaugh, deceased (1852-1853)
Daughter: Abbigail Middaugh, deceased (1858-?)
Daughter: Florence Middaugh Shepard, living (1860-1940)
Daughter: Josaphene Middaugh, deceased (1865-?)
Son: William C. Middaugh, living (1867-?)
New York, U.S., Wills and Probate Records, 1659-1999 – Wills, V 9-10, 1879-1885
Page 492: Record of the Will of William Middaugh Deceased. Know all men by these presents that I William Middaugh of the town of Wellsville County of Allegany and State of New York aged sixty nine years and over and being of sound mind and memory do make and publish this my last Will and Testament hereby revoking all former Wills by me made and as to my worldly estate and all the real and personal property or mixed property of which I may die seized or to which I shall be entitled at the time of my death in whatsoever form the same may be. I devise bequeath and dispose of as follows, to wit.
First, My Will is that all my just debts and funeral expenses be by my executors hereinafter named paid out of my estate as soon after my deceased as by these shall be found convenient.
Second, I give devise and bequeath to my son Ebenezer N. Middaugh and to his heirs all the land I own or possess in the County of McKean in the state of Pennsylvania always reserving and excepting from this bequeath or devise all the oil and oil rights in and on said lands leased or otherwise which oil and oil rights are not to pass by this devise or bequeath to him but to be held by my executors as a fund out of which to pay all my legal and just debts and the balance of the interest if any remain to be disposed of as hereinafter provided and I hereby estimate the value of this bequeath and devise with the buildings thereon to be at least $10,000.00 and I have also heretofore advanced to my said son Ebenezer N. Middaugh several sums of money and other things which I call an advancement to him of at least $10,000.00 which I hereby bequeath and devise to him making the value of his gift at least $20,000.00. And I also hereby give and bequeath to him the further sum of $1,000.00 one thousand – Page 493 – dollars to be paid to him by my said executors out of my said estate within two years after my decease or as soon as they shall have the funds and right so to do.
Third, I give devise and bequeath to my son William C. Middaugh and to his heirs the fifty acres of land I own in or near Portville, NY which was once occupied by Ezra Middaugh and John C. Middaugh, also my property situate on Knights Creek in the town of Scio state of New York known as my homestead farm upon which I lived for many years and upon which I have lately built large and extensive barns together with all the personal property that shall be on said farm at the date of my decease containing 300 acres more or less also the one hundred acres of land situate on the Scio and Bolivar road in said town of Scio. Po__ded in part by A. Norton, J. Balou, and Emerson reserving all the oil interest that may be on and in said land with wood and timber to use and the general privilege given by leases to operate said land for fifteen years if oil is found to be under said land. Also all my real estate situate at Riverside in the town of Wellsville New York with all the personal property that shall be upon said land at my decease belonging to me of whatsoever it may consist indoors and out of every description reserving a few articles from in House to each of the girls that he does not care for he has the liberty to give them this property. I estimate at $6,000.00 total amount of this bequest. I estimate $23,000.00 at least and I also give and bequeath to my said son William C. my gold watch and chain to be delivered to him by my executors as soon as they shall have the right to do so.
Fourth, I give devise and bequeath to my daughter…
Page 494…Nancy P. Wright [Nancy Phebe Middaugh Wright] the farm of land known as the Hildreth farm of about 110 acres situate on Knights Creek in the town of Scio (Wm. Middaugh) aforesaid on the Scio and Bolivar road which farm was deeded to me by Rowland Clark. If I should not live until April 1st 1882 the use of this farm is to be reserved for two years and the revenue therefore is to go to the general fund to be divided equally between Nancy, Susan, Florence, and William Middaugh. I also give and bequeath to Nancy the brick and frame store built by W.W. Thurston in the village of Wellsville the Southerly side of Marie Street and adjoining the brick store of Coats Brothers. I also give and bequeath to her ($3,000.00) three thousand dollars toward paying for the farm she now lives upon in said town of Scio provided she pays to Squire Miles the one thousand dollars note he has my name on if she does not I or my executors have it to pay from my estate then I reduce this $3,000.00 bequeath to her to two thousand dollars and to be paid by my executors and the title must be vested in her solely and whereas it is my situation to see to the payment of said farm in my life time if I shall have done so then this bequeath of money for that use shall be deemed fulfilled but if not done by me shalt I order my said executors to pay the same out of my estate and cause the title to be vested in her all of which I value at $12,000.00 at least.
Fifth, I give devise and bequeath to my daughter Florence K. Shepard all that farm of land known as the Abram Middaugh farm on which she now lives situate in the towns of Scio and Amity State of New York consisting of all the land connected with said farm together with all such improvements or – Page 495 – may be thereon also all personal property that may be thereon at my decease then belonging to me of whatsoever kind the same may be all of which I value at $12,000.00 always reserving the oil interest for six years.
Sixth, I give devise and bequeath unto my daughter Susan Singleton [Susan Meriah Middaugh Singleton] the sum of eight thousand dollars $8,000.00 limited as follows, these shall be by my executors the sum of eight thousand dollars set apart out of my said estate for her as above stated and by my executors safely placed at interest on real estate and so safely kept, the interest of which sum shall be payable semi-annually and the interest thereof paid by my executors to my said daughter as she shall need the same at least semi-annually during her life and at her decease the said interest shall be paid to her children for their support and education until they arrive at the age of twenty one years in which case if my said daughter shall have died then the financial sum shall be paid to her children in equal shares at the time they shall all have arrived at the age of one and twenty years and further if my said daughter shall survive her said husband there in that event the principal sum of $8,000.00 shall be paid to her and the securities for the said sum of money shall if need be, be transferred to her in fee and _?_ and become her sole property for ever and I further order and determine that my said executors shall have full power and control over said fund and over the payment of the interest to her or her heirs as shall in their judgement best constitute to her or their meaning her children’s needs and shall see to it that no part thereof shall be so paid as to be under the control of my…
Page 496…said daughter’s husband and whereas I may in my lifetime invest the whole or a part of said sum for her use then in that case my executors shall be released so far as I have fulfilled this said bequeath _?_ must see that the said bequeath is fully carried out as above provided and I further give devise and bequeath to my said daughter Susan all that store and lot situate in the village of Wellsville New York lately _?_ by W.W. Thurston on the Southerly side of Main street and adjoining the brick jewelry store and law office of Henry S. Jones in which store is a bakery, This bequeath and device is made upon the same term and subject to the control of my executors as the aforesaid $8,000.00 is made and rent to be paid to my said daughter or her said children as the case may be on the _?__?_ as above provided, this store and for I value at $4,000.00.
Seventh, I hereby order and direct that my said executors set apart out of my estate the sum of one thousand dollars which sum they shall place at interest secured by real estate security, the interest of which shall be by then paid yearly to my grand-daughter Esther E. Barrrett so long as she remains single and unmarried but if she marries to David (or Daniel?) Keefe the payment whereof such interest shall cease and the said one thousand dollars shall revert to and form a part of my estate to be dispersed at or shall be hereinafter in this Will directed to be done with the residue and remainder of my said estate.
(William Middaugh)
But if the said Esther E. Barrett shall marry some other good and honorable man or the said David (or Daniel?) Keefe shall die or marry some other woman then and in that case I give and bequeath the said one thousand dollars…
Page 497…to the said Esther E. Barrett when she shall arrive at the age of twenty one years of age or at any time thereafter so her either of said events shall have happened. I further direct that in case she shall marry said Keefe then my said executors may cause to be paid to said Esther E. Barrett and of said sum of $1,000.00 such sum and in such manner as they may think proper on their joint order if they shall all live or the order of the survivors in case of death of either as they as he may think proper not less than five dollars must be paid to her in any event such to exceed the $1,000.00 as directed.
Eighth, I do hereby order and direct and determine that all of any estate Real and personal or mixed such herein specifically disposed of arising from oil interests or rents or from whatever source shall form a fund in the hands of my executors and of the avails of which to carry out and fulfill the conditions of this my Will and for that purpose I give them full power and authority to see and convey the same by deed or otherwise as they shall see fit and find necessary to do, and after fulfilling all the requirements and conditions of this my Will the rest _?_ and residue shall form a fund which shall be divided semi-annually or the same shall become available equal between my three daughters Nancy P. Wright, Susan Singleton, and Florence Shepard and my son William C. Middaugh the payment of any sum to such said daughter Susan to be governed by and in accordance with the terms provided in my said bequests to her except that any sum found less than one hundred dollars may be held by and paid to her by my executors…
Page 498…according to her needs but in no event in such manner or to be under the control of her said husband.
Ninth, Whereas I have entered into a contract with heirs at law and widow of deceased Brother Abram Middaugh in relation to the purchase of the farm of land mentioned herein as the Abram Middaugh farm which contract is in part fulfilled and for which I have not fully paid, now therefore if said contract shall not remain unsettled at my decease there I order and direct my said executor to fulfill said contract out of the avails of my estate and that the title to said property be vested in my said daughter Florence K. Shepherd as before provided and I further order direct and determine that if the title to said farm shall fail by reason of the legality of said contract or through any fault therein there and in that case I give and bequeath to my said daughter Florence K. Shepherd such sum out of my said estate as will in the judgement of my executors make proper restitution to her for such loss not exceeding eight thousand dollars nor less then that sum to be paid to her by my said executors in such manner and at such times as to there shall seem just and proper having reference to the other gifts and bequeaths.
Tenth, I hereby order and direct that if for any reason my said estate shall be found inefficient to enable my said executor to pay my debts and the legacies and gifts and bequeaths herein mentioned and made then and in that case the deficiency shall by my said executors be taken from the bulk of my estate as it shall be found to exist in equal shares to be taken from each part so that each shall share the loss according to his or her gift devise or bequeath and for that purpose and for the purpose of enabling my said executors to do full – Page 499 – justice by all I hereby make each and every of my gifts devises bequests and directions as charge upon my real estate as well as personal to the end that this my Will may be carried and in its full spirit without regard to any technicality or informality that may be found therein contained.
Eleventh, I do hereby nominate constitute and appoint my friend Henry M. Senis of Wellsville, my son William C. Middaugh, Robert Wright, and Nancy P. Wright to be the executors and executrix of this my Will and whereas my said son William C. Middaugh is a minor under the age of twenty one years I do hereby constitute and appoint Robert Wright of Scio, NY to be his guardian during his minority to look after his interest and care for him with full power to do any act necessary to be done by him for that purpose and any act done by my said executors in relation to my said estate with the written assent of said guardian shall be binding and legal and when my said son shall arrive at the age of twenty one years my said sons guardian shall be thenceforth discharged from further acts as such guardian.
Twelfth, I give and bequeath to my sister Emaline [Middaugh] Coon the sum of three hundred dollars to be paid to her if living if not to go into my general fund one half in one year and the balance in two years after my death.
Thirteenth, I hereby further will order and direct and limit the bequest or devise to my said daughter Florence K. as follows: that in case oil can be found on the land…
Page 500…devised by me to her and in paying quantities my said executors may cause the said oil to be obtained in the usual way by drilling for the same or by lease or otherwise and after paying to my said daughter Florence K. a fair rental for said land as a farm or farming land there the profits arising from said oil over the expense of production shall be by my said executors divided equal between daughters Nancy, Susan, Florence, and son William but I hereby except from the said land two acres to be located by my said daughter upon which no entry by my said representatives shall be made for oil purposes in any manner or within three hundred feet of such reserve.
Fourteenth, I hereby give to Robert Wright guardian of my said son full power and authority over all the property by me bequeathed devised to my son William C. during his minority.
(William Middaugh)
With full power lease the land collect the rents and to look after and care for the personal property by me to him bequeathed and to sell and dispose of the same for his benefit in such manner as prudent men care for their own (except the watch and chain) and I hereby charge said guardian that he keep a just and true account of all he shall do in and about the disposition of said property and submit such account to the information and approval of my other executors at least each year and further teach him that in all things relating to said trust where the same shall exceed one hundred dollars he shall first attain the approval of any other executors and I hereby authorize my said executors to first apply so much of the income as avails of the property hereby given to my said son William C. as in their judgement…Page 501…shall be necessary and proper for the support care and education of my said son and to give his guardian credit for such expenditures and any balance that may arise I order and direct that said executors invest at interest on good security for him.
Fifteenth, I hereby limit my representatives to the period of six years to operate for said oil on said Florence K. Shephard’s land after the first well is completed.
In testimony whereof I said William Middaugh have to this my last Will and Testament containing about three and a half sheets of legal cap paper and to every sheet whereof I have subscribed my name and to this last sheet I have subscribed my name and affixed my seal this the 15th day of August 1881.
The interlining as to personal property to Florence K. Shepard was made before signing by testator.
William Middaugh [SS]
Signed sealed delivered and published by the said William Middaugh as for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses these to
Horace H. Nye Wellsville NY
Horace W. Noble Erie, PA
Z.H. Jones Wellsville, NY
Surrogate Gouch ~ County of Allegany
In the matter of Proving the
Will of William Middaugh
Deceased
County of Allegany
Zenas H. Jones and Horace W. Noble of the town of Wellsville in the County of Allegany aforesaid being duly sworn do depose and say that…
Page 502…they are subscribing witnesses to the last Will and Testament of William Middaugh late of the town of Wellsville in the County of Allegany aforesaid deceased. And these deponents further say that the said William Middaugh the said testator did in the presence of these deponents subscribe his name on the end of the instrument in _?_ting which is now shown and exhibited to these deponents and which purports to be the last Will and Testament of the said William Middaugh and which bears date of the 15th day of August in the year of our Lord one thousand eight hundred and eighty one. And these deponents further say that the said testator did at the said time of subscribing his name on aforesaid at the end of said Will declare the said instrument so subscribed and now exhibited to be his last Will and Testament. And these deponents Zenas H. Jones and Horace W. Noble did therefore subscribe their name at the end of the said Will as attesting witnesses thereto in the presence and on the request of the said testator. And these deponents further say that at the said time when the said testator subscribed his name to the said last Will as aforesaid. [There is a line of script above the latest transcribed line that is so small as to be illegible.] The said testator has of sound mind and _?_ of full age to execute a Will and has not under any restraint. And that the said Will now appears in all respects as where so executed without any alteration whatsoever.
Zenas H. Jones
H.H. Nye
Subscribed and Sworn
this 21st day of September
1881 before me
J.S. Green Surrogate of Allegany County
State of New York
Surrogate Office
Allegany Office
In appearing from and upon the proofs duly taken in respect to the last Will and testament of William Middaugh late of the town of Wellsville in Allegany County and state of New York – Page 503 – deceased that said Will was duly executed and that William Middaugh the said testator at the time when he executed the same was in all respect competent to devise real estate and under no restraint the said Will with the proofs and examinations taken thereon are herewith duly signed certified and recorded in this office pursuant to the provisions of the revised statues of the state of New York this 21st day of September 1881 before me.
(illegible) Surrogate of Allegany County
In the matter of the Administration of the Goods, Chattels and Credits of William Middaugh DECEASED.
The People of the State of New York To Henry N. Senis, Robert Wright and Nancy P. Wright executors and executrix named in the Will of said deceased.
Whereas at the Village of Angelica Wellsville in the Country of Allegany on the 21st day of September in the year of our Lord one thousand eight hundred and eighty one before J.S. Green Surrogate of the said County, the Last Will and Testament of William Middaugh late of the said County, was proved and allowed by us. And the said deceased having while living, and at the time of his death, goods, chattels and credits, within this States by means whereof, and the proving and registering the said Will, the granting Administration of all and singular the said goods, chattels, interests and credits; and also the auditing, allowing, and finally discharging the account thereof doth belong to us; and you the said Henry N. Senis, Robert Wright, and Nancy P. Wright being named in said Will as Executors thereof; the administration of all and singular the goods, chattels, and credits of the said deceased, and the execution of the powers reposed in you by said Will, are hereby granted to you, the said Henry N. Senis, Robert Wright and Nancy P. Wright you having first taken and subscribed an oath before the said Surrogate; faithfully and honestly to discharge the duties of such Executors.
In Witness Whereof, We have caused the seal of office of our Surrogate to be hereunto affixed, Witness, J.S. Green Surrogate of the said County, and Angelica this 24th day of September 1881.
J.S. Green Surrogate. Recorded and Examined, Sept. 24th 1881. J.S. Green Surrogate.