Will of James Buckley, 1839

Town of Walworth

Wayne County, NY

A big thank you for James Buckley's will transcription goes to Mary Russell!

In the name of God Amen. I, James Buckley, of the town of Walworth, in the county of Wayne and State of New York, do make and declare this my last will and testament in manner and form following - First, I resign my soul into the hands of Almighty God, hoping and believing in a redemption of my sins by the merits and mediation of Jesus Christ; and my body I commit to the earth, to be buried at the discretion of my friends; And my worldly estate I give and devise as follows: First, I give and bequeath unto my eldest son John F. Buckley, the sum of one hundred dollars to be paid in two years from my decease. Also, I give and bequeath unto my son Loton three hundred dollars to be paid in four years from my decease. Also, I give and bequeath unto my youngest son, Samuel H. Buckley, nine hundred dollars, three hundred dollars to be paid when he shall arrive at the age of twenty one years, and the residue in two equal annual installments therefrom. Also, I give to my daughters Mary Ann Buckley (Blakely) and Barbary A. Buckley (Upton) the sum of two hundred dollars apiece, one hundred dollars to be paid to them respectively in two years from my decease, or at their days of marriage which shall first happen and the residue in three years from my decease. Also, I give to my daughter Caroline Buckley (Weaver), the sum of two hundred dollars to be paid to her at the age of eighteen years or at marriage which shall happen first. Also, I give to my daughters Amy Blake, Malissa Buttolph and Emeline Vaughn the sum of fifty dollars a piece, to be paid to them respectively in seven years from my decease. And, I do hereby appoint my wife Sally (Sarah) Buckley executrix, and my two sons Alonzo Buckley and William B. Buckley Executors of this my last will and testament. Also, for the better education of my children, Samuel H. Buckley and Caroline Buckley (Weaver), I do give and dispose of the tuition and custody of them and each of them respectively unto my wife Sally (Sarah) Buckley for such time as they or either of them respectively continue unmarried, and under the age of one and twenty years, and my said wife remains a widow, but if my said wife shall die or marry during the single life and non-age of either of my said children so being married and under the age of one and twenty years at the marriage or death of my wife unto my said executors, Alonzo Buckley and William B. Buckley. And, finally, all the rest, residue and remainder of all my estate and effects real and personal, whatsoever and whensoever, after payment of my debts legacies and funeral expenses, I do give devise and bequeath unto my two sons, Alonzo Buckley and William B. Buckley equally to be divided between them, excepting the dower of my wife Sally Buckley which shall at her decease be divided into fourteen equal shares of which my three sons Alonzo Buckley, William B. Buckley and Samuel H. Buckley shall have two shares a piece, and my other children, John F. Buckley, Amy Blake, Melissa Buttolph, Emeline Vaughn, Loton Buckley, Mary Ann Buckley(Blakely), Barbary A. Buckley (Upton) and Caroline Buckley (Weaver), shall have one share a piece. And lastly I will and ordain that the executrix and executors of this my last will and testament or their executrix or executors for and towards the performance of my said testament after my decease manage and improve the real estate or lease the same as to them shall seem best and proper. In writing whereof I have hereunto set my hand and seal the 24th day of July 1839.

James Buckley (seal)

The above instrument consisting on one sheet was now here subscribed by James Buckley the testator in the presence of each of us and was at the same time declared by him to be his last will and testament, and we at his request sign our names hereto as attesting witnesses-

Isaac R. Sandford of Marion Wayne County

Joel Hall of Marion aforesaid

Whereas I, James Buckley of Walworth in the County of Wayne and State of New York have made my last will and testament in writing bearing date the 24th day of July 1839, and have thereby given and bequeathed to my son John B. Buckley the sum of one hundred dollars, to be paid in two years from my decease. Now I do by this my writing which I hereby declare to be a codicil to my said will to be taken as a part thereof, will and direct that only the sum of five dollars be paid unto him in full of the said legacy I have as aforesaid given and bequeathed unto him, and that the remaining part of the said legacy be given and paid to my two sons Alonzo Buckley and William B. Buckley to be divided equally between them. And lastly it is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents and purposes. In witness whereof I have hereunto set my hand and seal this 28th day of September 1839.

James Buckley (seal)

The above transcribed by me from copies of original documents from the Wayne county probate. Names in parentheses are mine and for research purposes. If any of these names pertain to your research, please contact me.

Mary Russell

Bios of James Buckley and his son Loton

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