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The following is the Last Will and Testament of Preserved Greenman as found in the Genesee County Surrogate Court Records Volume 8 P 227-231. This transcription is based upon a photocopy purchased through SamPubCo in 2003 and includes the Will and several of the documents related to the proving of the Will. Some depositions have not been included - please contact me for further information. (TSC)

If you read carefully, you will find an interesting "mystery". At the time of the writing, Preserved Greenman mentioned two daughters- Esther Greenman and Adah Judd. (He left out another daughter, Chloe - but that mystery is still not solved). He named Esther executrix along with her brother-in-law Jabez Judd. The documents related to the proving of the Will mention an "Esther Judd"! It appears that Adah Greenman Judd died about 13 months after her father wrote his will. Sometime between 1842 and August 1844 her older sister Esther married the widower Jabez Judd, accounting for the name change.

It is not surprising that Jabez married Esther - in 1844 he had at least six children at home ranging from the age of two to sixteen!

P.277

I Preserved Greenman considering the uncertainty of this mortal life, and being of sound mind and memory, do make and publish this my last Will and Testament in manner and form following. That is to say ­ First, it is my will and I hereby direct the executers of this Will and Testament to pay all my funeral charges, and all the just debts which I may be owing at my decease, as soon after my decease as they conveniently can.

Item 1st I give and bequeath unto my beloved wife Ruth Greenman, if she shall survive me, all my estate Real and Personal of what kind and nature so ever, and wheresoever the same may be, that shall be remaining after the payment of my funeral charges and depts. Aforesaid, to have and to hold the same to here and to her assigns, for and during her natural life.
Item 2nd I give and bequeath to my daughter Esther Greenman and Adah Judd all my household furniture of ever description at the decease of my beloved wife Rush said household furniture to be divided equally between my daughter Esther Greenman and Adah Judd.
Item 3rd As to all the residue and remainder of all my estate Real and Personal which shall be left and remaining after the decease of my said wife Ruth, I give and bequeath to my sons Horace Greenman, Daniel Greenman, and Enos Greenman and to my daughter Esther Greenman and Adah Judd. To have and to hold the same to them my said above named sons and daughters, to be equally divided between them, share and share alike, for their own use forever.
Item 4th. It is further my Will in case of the death of either of my sons above named before my decease or that of my wife Ruth, such share to be paid to the wife of such deceased son, to wit, to Horace Greenman's wife Elizabeth, to Daniel Greenman's wife Betty or Enos Greenman's wife Betsey, as was intended for such son, as specified in Item 3rd of this my last Will and testament, and in case of the death of my daughter Adah Judd before my decease, or that of my wife Ruth, the shares above named as willed to my daughter Adah Judd, Shall be paid to my son in law Jabez R Judd for his own forever.

I do hereby appoint my daughter Esther Greenman Executrix and my son in law Jabez R. Judd of the town of Darien Executor of this my last Will and testament, and I do hereby authorize and empower said Executrix and Executor above named to settle my Estate, hereby revoking all former Wills by me made.
In witness whereof I have hereunto set my hand and seal the fourteenth day of July, in the year of our Lord one thousand eight hundred and forty-one.
Preserved Greenman S.S.

P228

Singed, sealed, published and declared by the above named Preserved Greenman to be his last will and testament in the presence of us who have hereunto subscribed our names as Witnesses at the request of the Testator, and in his presence, and in the presence of each other.

James Song, of the town of Darien, Genesee Co, NY
Joseph Rackley, of the town of Darien, Genesee Co NY

State of New York Genesee County

Be it remembered at a Surrogate Court holden at Batavia, in and for the County of Genesee on the twenty seventh day if August in the year of our Lord one thousand Eight hundred and forty-four before Timothy Fitch Surrogate of said County, the last Will and Testament of Preserved Greenman, of the town of Darien, in said County of Genesee deceased, of which the preceding Record of a Will is a true copy, was admitted to be proved and recorded as a Will of Real and Personal Estate, after citation to the widow, heirs, and next of kin of the said deceased had been issued, served, returned and filed according to law, requiring them to appear before the said Surrogate, to attend the proof of the said will, and after the return and filing the said citation, with due proof of the service thereof in the mode prescribed by law, the said will was produced in the said Surrogate Count, before the said Surrogate, and the following depositions of the witnesses was taken to establish the genuineness and validity of the said will, for the purpose of have the same proved and recorded, as a Will of Real and Personal Estates.

County of Genesee, Surrogate Court,
In the matter of proving the Will of Preserved Greenman Deceased

County of Genesee for Esther Judd of the town of Darien in the County of Genesee, aforesaid, being duly sworn, doth depose and say that the said Preserved Greenman was the father of this deponent, and resident in the house with this deponent, and had resided there for some time previous to his death, that after his decease this deponent looked into a chest were the said deceased kept his papers, and found there the instrument purporting to be his last Will and Testament which instrument is now produced and shown to this deponent, and this deponent looked at the said instrument, and then put it back where she found it, where it remained until about the 15th of May 1844 when this deponent delivered the same to James Song for safekeeping, and to carry to the Surrogate Office, and that he returned it to this deponent on the evening of the same day, and this deponent replaced it in the said chest, where it remained until on or about the first day of July, 1844, when this deponent delivered the same to Hiram L Judd for safe keeping he being a son of this deponent, and that the instrument now produced and offered for Probate, is the same instrument which was so found in the chest, as aforesaid by this deponent.

Esther Judd

Subscribed and sworn this 19th day of August 1844 before me.
T Fitch Surrogate of Genesee County.
Pp 229- 231

(Depositions follow from James Song, Hiram Judd, and Joseph Rackley relating to the information provided by Esther Judd and the authenticity of Preserved Greeenman's will)

I Timothy Fitch Surrogate of said County, do hereby certify the preceding to be a true Record of the Will of Preserved Greenman deceased, and of the proceeding proofs, and examinations had and taken thereon, on admitting the same to be proved and Recorded as a Will of Real and Personal Estate, pursuant to the Statue in such case made and provided, and that all the same were Recorded and examined this twenty seventh day of August in the year of our Lord one thousand eight hundred and forty-five.

T. Fitch Surrogate