Will of David Cary, 1836

Town of Arcadia

Wayne County, NY

A big thank you for the contribution of David Cary's will transcription goes to Lynda McGinnis! Particularly interesting is the list of household possessions. Linda also acquired probate records for David's son Jesse Cary and grandson Preston Cary of Wayne Co, NY. "The Cary records are great because they have a lot of children who migrated out of NY and the probates give the last known towns/addresses for them and the married names of daughters!" If you have information to share with Lynda about this large family, she looks forward to hearing from you. These documents have been slightly reformatted for ease in online reading.

Will of David Cary of Arcadia, Wayne Co, NY

I David Cary of the town of Arcadia in the county of Wayne and State of New York, do make and ordain this my last will and testament in manner and form following, viz: I ordain that my dear wif, Easter Cary shall have the use and occupation of all my estate, during her natural life and after her death I give and bequeath to my dear son Barnabas Cary, the sum of two hundred dollars. I give and bequeath to my dear son Jesse Cary, the sum of two hundred dollars. I give and bequeath to my dear son David I. Cary the sum of three hundred dollars. I give and bequeath to my dear daughter Sinthy Johnson, the sum of one hundred dollars. I give and bequeath to my dear daughter Sallie Loper, the sum of one hundred dollars. I give and bequeath to my dear daughter Dililla Clark, the sum of one hundred dollars. In case my estate is not sufficient after paying my debts and after the death of my wife, for each to have the above sum I ordain that it shall be devided in the same proportion, and if there is any surplus it is also to be divded in proportion too the sums above ---. And I nominate, constitute and appoint Jesse Owen and James McCarn sole executors of this my last will ... In witness whereof I have hereunto sit my hand and seal the third day of November, in the year of our Lord one thousand eight hundred and thirty six:

Signed by David Cary. Witnessed by Ira Beckwith & Hugh Gregg. Probate 19 Dec 1836. Will proved by witnesses 9 Jan 1837.

Public notice was posted in the newspaper in Lyons called the Western (Argus?), 29 Dec 1836

The people of the State of New York.
To the Widow and next of Kin to David Cary, late of the town of Arcadia in the County of Wayne and State of New York, demand Whereas James McCarn and Jesse Owen executors named in the last Will and Testament of the said David Cary deceased, have this day afferred the said will for probate, before Lyman Sherwood Surrogate of the County of Wayne. You are therefore hereby Cited to appear before the said Surrogate at his office in the town of Arcadia in the said County of Wayne, on the ninth day of January next at ten o'clock in the forenoon to attend the probate of the said will.
Given under the hand and official seal of the said Surrogate at the town of Arcadia in said County this 19th day of December 1836. Signed Lyman Sherwood, Surrogate.

State of New York.
Wayne County.

Jesse Owen of the town of Arcadia in the County of Wayne being duly sworn says that he served the foregoing citation on Jesse Cary, David I. Cary and Delilah Clark the wife of Mortimer D. Clark, by delivering to each of said persons a copy of said citation & at the same time shewing to each of them the foregoing original citation, no more than six day pervious to the return day of said citation, and the deponent further says that he sent a copy of the said citation to Esther Cary the wife of said deceased on the second day of January instant and that he has since heard the said Esther acknowledge, and amit, that she received the said copy so sent to her by the deponent on the said second day of January instant.

Subscribed sworn the 9th day of Jan. 1837 before me.
Lyman Sherwood Surrogate.
Signed by Jess Owen.

State of New York.
Wayne County.

James McCarn of the town of Arcadia in the County of Wayne being duly affirmed says that David Cary died a natural death at the town of Arcadia in the County of Wayne, which was the place of his residence on the tenth day of December instant. That the deceased left a widow Easter Cary (sic), that Barnabas Cary of the town of Parma in the County of Monroe, Jesse Cary, David I. Cary and Delilah Clark the wife of Mortimer D. Clark of the town of Arcadia in said County of Wayne, Cynthia Johnson, the wife of Job Johnson of the Territory of Michigan, and Sally Loper the wife of John C. Loper of Somerseet, County of Crawford, and State of Pennsylvania, are the next of Kin to the said David Cary deceased.

Subscribed & affirmed this 19th day of December 1836.
Signed James McCarn.

... Sworn to 24 day of March 1837. A true and perfect inventory of all singular the goods chattles & credits of David Cary deceased made the first day of April 1837 by James McCarn and Jesse Owen, Executors with the aid of Joseph E. Crandell & Barnet Vosburgh appraisers Sworn according to Law.

One Hoe 0.25
10 Sheep. One Cow. Bed stead Bed & Bedding---
3 Dish Kettles. One spider. One Griddle & Teakettle---
2 Hogs ---
1/2 dozen Cups & Saucers. 1/2 doz Knives & forks ---
One Red Heifer $18
One Black & White Cow $20
7 Drag Teeth $1.62
One Log Chain with two Hooks $1.75
One narrow Axe $1
1/2 & about 6 Acres Sown of wheat $27
One Bedstead Bed & Bedding $15
One old fashioned wooden Clock $2
One Five pail Kettle $2
One Iron wedge 0.371/2
Two Clevises & Ring $1
One old Stand $1.5
One Bed Quilt $2
One pr Fire Dogs $1.5
One Water Pail $1.24
One Soaking Glass $1.25
Shovel and Tongs $1.50
One chest & Drawers $1.50
Brick Trowel & Plastering trowell $1.75
One Stone Hammer $1.75
One Drawing Knife $1.50
One Meat Cask & Cider Barrel $1
Four Flour Barrels $1.50
One Large Dry Box & Hollow Gunn $1.50
Debts Invoiced Coming to the Estates
Stephen S. Thorn $2.50
Hugh Gregg $2.50
Total of the estate $103.89

Since the making of the foregoing Inventory, it has been reported to us that there is a Cow belonging to the said deceased now in the possession of one Bloomer in the town of Arcadia. The value of which we have not ascertained.

Dated 3 July 1837. Jesse Owen & James McCarn.

The above Will and probate documents were received from the Wayne County Historian, July 2002.

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