DANIEL RHODES (Died: 28 Aug 1874)


I, Daniel Rhodes, farmer, of the Town of Gates, County of Monroe and State of New York, do make publish and declare my last will and testament as follows:

First --- I give and bequeath to my present wife, Jane Rhodes, my gold watch, my horse and carriage, piano, all farming tools and implements, and all my household furniture which I now own, being on the farm where I reside in the town of Gates, or which I may have on said farm at my decease, with all claims I have or that might be made by my legal representatives for compensation for any labor or materials put upon said farm since my marriage with my present wife, - to be taken and accepted by my said wife in lieu of dower and all other share or portion to which she might be entitled out of my property.

Second --- I give and bequeath to my son Silas K. Rhodes, all my farming tools and implements and any other personal property on my farm in Gaines, Orleans County; - excepting and reserving my wearing apparel, my money in hand, and evidences of dues to me from other persons; the property so excepted and reserved I give to my sons, William and Silas K. to be divided between them equally.

Third --- I give and devise my farm of land lying in Gaines, Orleans County NY, part of Lot 6, in the 15th Township, 1st Range of the Holland Purchase, containing about 131 acres, to my two sons, William Rhodes and Silas Rhodes, jointly and undivided, to them and to their heirs and assign forever, subject to the charges therein hereinafter stated.

Fourth --- I give and bequeath to my three daughters, viz: - Mary Whyland, Miranda Wolfrom, and Laura Stone, to each the sum of twelve hundred dollars, to them and to their heirs and assigns absolutely, with interest to commence one year after my death, to be paid as follows. Four hundred dollars of principal with all interest accrued on her whole legacy of $1200.00 is to be paid to each of my said daughters, by my executors, two years next after my death. Four hundred dollars of principal, with all interest accrued on all the principal unpaid on her legacy, after my death, and the residue of said legacies with interest is to be paid by executors, to my said daughters share and share alike five years next after my decease. And I declare the legacies above given to my three daughters to be a charge on the farm above given to my two sons, and to be paid as above provided by my sons, William and Silas K. and I charge the payment of all my just debts and funeral expenses on my said farm in Gaines, and require the same to be paid by my said two sons, - All my property real and personal if any I may have not above disposed of, I give and bequeath to my two sons, William and Silas K. absolutely.

Fifth --- I revoke all wills by me heretofore made, and appoint my two sons, William Rhodes and Silas K. Rhodes, Executors of this my last will and testament.

Sixth --- In addition to the bequests above given to my wife, Jane Rhodes, I give and bequeath to her absolutely, five hundred dollars, to be paid to her by my said two sons; and I make the payment of said legacy to my wife, a charge upon my said farm in Gaines.

In witness whereof I have herewith set my hand and seal July 6, 1874

Daniel Rhodes

The foregoing instrument was on the day of the date thereof, signed, sealed, published, and declared by Daniel Rhodes, the testator, as and for his last will and testament, in presence of each of us; and we, at his request, in his presence, and in the presence of each other, subscribe our names hereto as witnesses.

Howard Abeer Albion Orleans Co. NY

D. B. Day Albion Orleans Co. NY

Proved: September 7, 1874 in Village of Albion, Orleans Co. NY

Submitted by: Shirley Thomes 3 Feb 2004