Will
County or Surrogate Court
Webb, Shepherd
1878
Obtained from New York, Steuben County, Surrogate
Court Office; File # A-11571:
I Shepherd Webb of the town of Hornellsville
Steuben County N.Y. of the age of sixty five
years and upwards, and being of sound mind and
memory do make publish and declare this my last
will and testament in manner following. That is
to say-
First- I give and bequeath to my wife Electa J.
Webb all my goods, chattels and personal
property after the payments of the expenses of
settling my estate, and the payment of my just
depts. which may not be a charge upon real estate-
Second - I give and devise to my daughter Eunice
W. Olin the use during her natural life of the
south twenty nine acres of land to be run off by
a line running East and West on my homestead farm
situate in the Town of Hornellsville Steuben
County N.Y. being the farm consisting of about
129 acres of land conveyed to me by Christopher
Hurlburt & wife by deed dated on or about the 7th
day of April 1852 and understood to be recorded
in Book No. 79 of Deeds at page 186 in Steuben
County Clerk's Office and the remainder of said
twenty nine acres I give and devise to such child
or children of said Eunice share and share alike
as may be living at her decease, hereby intending
that the same shall vest at the time of her death
and in case she shall die leaving no child or
children then that the same shall vest in and be
the property of my other child or children who
may survive her share and share alike except my
son Alfred and my daughter Mary-
Third - I give and devise to my son Albertus Webb
the personal use during his natural life of the
fifty acres next North of the last above
described twenty nine acres to be run off by an
East and West line far enough North of the above
described lands as to include said fifty acres
and no more. and the remainder of said fifty
acres at the decease of said Albertus I give and
devise to such child or children of said Albertus
share and share alike as may be living at his
death - and in case he shall die leaving no child
or children then that the same shall vest in and
be the property of my other child or children
then living share and share alike except my son
Alfred and my daughter Mary - And in case
Albertus or any creditor of his shall during his
life attempt to sell the life estate in him
personally devised as aforesaid then I give and
devise the use of the remainder of his otherwise
life estate to his children until his decease
Fourth - I give and devise to my son Leroy Webb
the personal use during his natural life of the
twenty nine acres next North of the last above
described fifty acres to be run off by an East
and West line far enough North of the last above
described lands as to include said twenty nine
acres and no more- And the remainder of said
twenty nine acres at the decease of said Leroy
Webb I give and devise to such child or children
said Leroy share and share alike as may be living
at his decease and in case he shall die leaving
no child or children, then that the same shall
vest in and be the property of my other child or
children then living share and share alike except
said Alfred and Mary-And in case Leroy or any
creditor of his shall attempt to sell the life
estate in him personally devised as of afore said
then I give and devise the use of the remainder
of his otherwise life estate to his children
until his decease-
Fifth I give and devise to my son Foster Webb
the use during his natural life of the remaining
northerly twenty one acres of my said homestead
farm, and at his decease the remainder of said
twenty one acres I give and devise to such child
or children of said Foster share and share alike
as may be living at his decease, hereby intending
that the same shall vest at the time of his death
and in case he shall die leaving no child or
children then that the same shall vest in and be
the property of my other child or children then
living share and share alike, except Alfred and
Mary and in case Foster or any creditor of his
shall attempt to sell the life estate in him
personally devised as aforesaid, then I give and
devise the use of the remainder of his otherwise
life estate to his children until his decease.
Sixth I hereby direct that my said children.
Eunice-Albertus-Leroy and Foster shall in the
proportion to the number of acres hereinbefore to
them respectively devised interests in bear the
expense of the support and maintenance of my said
wife in sickness & in health, and in case they or
any of them shall fail to pay & bear such
expense, then I hereby charge the amount thereof
upon such lands for the same in favor of my said
wife to be foreclosed and enforced in her favor
for the purpose aforesaid. Seventh I give and
bequeath to my Grand-daughter Mettie Webb,
daughter of my deceased son Clement the sum of
four hundred dollars to be paid to her when she
shall arrive at the age of twenty-one years.
Providing that she arrives to that age otherwise
this legacy is void Said sum if she shall
arrive to that age to be paid equally by my
children Eunice. Albertus. Leroy and Foster in
that case one hundred dollars being a charge upon
the parcels of land respectively as above devised
Eighth & Lastly I hereby nominate and appoint
Frederick Marshall Olin and my son Leroy Webb
executors of this my last will and testament
hereby revoking all former wills by me made In
Witness hereof I have hereunto set my hand this
fifteenth day of March 1878-
Signed & Sealed Shepherd Webb The above
instrument consisting of two sheets was at the
date thereof signed sealed. Published and
declared by the said Shepherd Webb as and for his
last will and testament in his presence and in
our presence who at this request and in his
presence have hereunto subscribed our names as
witnesses thereto Signed by:
John R. Rose Residing at Hornellsville
Charles W. Stevens Residing at Hornellsville
James H. Stevens Jr. Residing at Hornellsville
State of New York}
Steuben County } ss.
Be it Remembered that on the day of the date
hereof the last Will and Testament of Shepherd
Webb late of the Town of Hornellsville in the
County of Steuben and State of New York deceased
(being the annexed written instrument) was upon
due proof admitted to probate by the Surrogates
Court of said County of Steuben before
Guy H. McMaster the Surrogate as a will valid to
pass real and personal property and the said last
will and the proofs and examinations taken on the
said probate thereof are recorded in the
Surrogates Office of said County in Book 18 of
Wills Testaments and Codicils at page 37 & c In
Testimony Whereof the Surrogate of the said
County hath hereunto set his hand and affixed the
seal of the Surrogates Court of the said County
his 30 day of March in the year of our Lord one
thousand eight hundred and eighty seven
Signed by: G. H. McMaster Surrogate
Surrogate's Court Papers, New York,
Steuben County, Bath, Surrogate Court,
Shepherd Webb's Court Papers, 1886.
Affidavit or service for the Steuben County
Surrogate's Court
In the Matter of Proof of Will of Shepherd Webb,
desceased Charles J. Pattin served Albertus Webb
at his attorney's office, and Fredrick Marshall
Olin at his attorney's office.
Affidavit or service for the Steuben County
Surrogate's Court In the Matter of Proof of Will
of Shepherd Webb, desceased Albertus Webb (being
one of the executors of the Estate of Shepherd
Webb) served the Citation to the below named
persons:
Alfred Webb - at his hotel in Hornellsville
Eunice Olin-at her res. Hill St. in Hornellsville
DeEtta Burt - her res. Hornellsville
Metta Webb - res. of mother- Hornellsville
Foster Webb - res. Hornellsville
Mary Wheeler - res. Hornellsville
Electa Webb - res. Hornellsville
That said DeEtta Burt is the mother of Metta Webb
said infant & with whom said Metta Webb resides
We have a bunch of different papers. Some are
from Alfred Webb Contesting the Will of Shepherd
Webb. Others are proof of that said will,
Guardianship papers for Metta Webb and papers
signed by Leroy Webb and Fredrick Marshall Olin
as Executors.
Shepard Webb's Will dated March 15, 1878