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- Family listed in 1850 Farmington twp, Ontario NY Census.
He made his will February 7th, 1880. His will reads:
I, David Payne, of the town of Manchester, in the county of Onta rio and the State of New York, being of sound mind and memory an d considering the uncertainty of this frail and transitory lif e do make, publish, ordain and declare this my last will a nd testament in manner and form following that is to say. First . After the payment of my just debts and funeral expenses, I gi ve and bequeath to my wife Samantha Payne, all of my Real Estat e -
Except as herin after divided and excepting eighty acres this d ay conveyed to my son Collins Payne - to use manage and contro l as she may deem proper for and during the term of her natura l life. Second - I give and devise to my wife Samantha Payne, a ll of my household furniture, beds and bedding, stove etc. to us e and control for and during the term of her natural life. Thir d - I give and devise to my son John Payne, twenty acres of lan d to be taken from the east side of the 100 acres I purchased fr om the State of Connecticut, to be so bounded that the west lin e thereof shall be parallel with the west line of the said One h undred acres, and it is to be accepted by my said son in full o f his distributive share in my estate, both real and personal . Fourth - I give and bequeath to my daughters Jane Payne and Ma rgaret Chittenden and to my daughter in law Elva Payne, all of t he household furniture, beds and bedding etc. which I have here in given and divided to my wife Samantha Payne for and during t he term of her natural life - to be divided equally between the m as near as may be, share and share alike, subject to the use a nd control of my said wife for and during the term of her natura l life. Fifth - I give and devise to my son Cuyler Payne a hom e in the dwelling house, situated on the premise herein before d evised to my said wife for and during the term of her natural li fe, and I do hereby make the proper support and maintenance of m y said son Cuyler a charge upon said real estate for and durin g the term of his natural life. Sixth - I give and devise to m y sons DeWitt Payne, Eugene Payne and my daughters Jane Payne an d Margaret Chittenden, the real estate I have herein given and d evised to my wife Samantha Payne for and during the term of he r natural life, - to be divided equally between them as near a s may be, share and share alike, subject to the use and contro l of my said wife and the support of my said son Cuyler Payne,f or and during the term of their natural lives, and I further wil l and devise that the share that may be allotted to my son Cuyle r Payne, be taken from the North side of my real estate and cont igous to one acre of land heretofore conveyed to said Eugene Pa yne. Seventh- All the rest and residue of my personal estate , I give and beqeath to my said wife Samantha Payne to have an d to hold the same her heirs and assigns forever. Lastly - I no minate and appoint my sons Cuyler Payne and Eugene Payne be exe cutors of this my last will and testament, hereby revoking all f ormer wills by me made.
In witness Whereof I have hereunto set my hand and affixed my se al the seventh day of February in the year of our Lord One thous and Eight hundred and Eighty. David Payne
The above instrument consisting of one sheet was at the date the reof declared by the said David Payne as and for his last Will a nd Testament, who at his request and in his presence and in th e presence of each other have subscribed our names as witnesse s thereto.
A.K. Cole residing in Manchester, Ontario Co. N.Y.
Thomas Osgood Manchester, Ontario County
I hereby certify the foregoing to be a true copy pf the Will o f David Payne proved before me. Recorded and compared this 10t h day of May, 1880. EP Babcock, Surrogate.
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