Born: Abt. 1804
Died: Aug 5, 1847
Loc: Leon, Cattaraugus Co. NY
Bur: Hill Cemetery,
Near Leon, Cattaraugus Co. NY
|Father: David Barton
Mother: Susannah Fairfield
|Spouse: Bathsheba Beals, daughter of Ezra Beals|
|Children: Eliza/Marila/Jane Ann|
Zenas Barton located on lot 1; removed about 1830, but returned
and died on this place.
Source: HISTORY OF CATTARAUGUS COUNTY, NEW YORK
Illustrations and Biographical Sketches of Some of its Prominent Men and Pioneers.
Philadelphia: L.H. Everts, 1879, Edited by Franklin Ellis
In the name of God, amen. I Zenas Barton of the town of Leon in the county of Cattaraugus and the state of New York of the age of forty three years and twenty four days and being of sound mind and memory, do make publish and declare, this my last will and testament in manner following, that is to say First-I do hereby dispose of and commit the tuition support and custody of my children Eliza Barton and Jane Ann Barton and every of thiers for such a time as they or any of them respectively continues unmarried and under the age of twenty one years, unto my wife Bathsheba Barton, and I do hereby request my said wife, and declare it my wishes, that she pay or cause to be paid to each of my said children the sum of three hundred dollars each when they respectively arrive at the age of twenty one years, provided that in the excerise of her sole and sound discretion she may deem it conducive to their temporal happiness and welfare so to do it if she shall judge otherwise the said payments may not be made, but if made they shall be made from the sale of the personal property herein after mentioned if enough thereof shall then remain and not otherwise. Second-I give and devise to my wife Bathsheba aforesaid her heirs and assigns all my personal property or so much thereof or shall remain after the payment of my lawful debts to which purpose it shall be first applied and subject to the forgoing provisions. Third-I give and divise all my real estate of what nature or kind so ever, to my said wife Bathsheba Barton. To be used and enjoyed by her during the term of her natural life. And from and immedeatily after her decease. I give and devise the same to my children the said Eliza Barton and Jane Ann Barton, thier hiers and assigns forever. It is to be hereby expressly understood that the above requests to my said wife are to be accepted and received by her in the lieu of dower. And lastly-I do hereby nominate and appoint my said wife Bathsheba Barton to be my sole executrix of this my last will and testament hereby revoking all my former wills by me made if any.
In witness where of I have here unto set my hand and seal the 17th day of June in the year of our Lord one thousand eight hundred and forty seven. (1847)
Zenas Barton S. S.
The above instrument consisting of one sheet was at the date there of signed, sealed, published and declared by the said Zenas Barton, and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have have subscribed our names as witnesses there to.
William H. Andrews Residing at Leon, Cattaraugus County, New York
Where as I Zenas Barton of the town of Leon in the County of Cattaraugus and the state of New York have made my last will and testament in writing ****** the 17 day of June in the year of our Lord one thousand eight hundred fifty seven in which and by which I have given and bequeathed to my wife Bathsheba Barton all my real estate of what nature or kind so ever to be used and enjoyed by her during the time of her natural life. And from and immediately after her decease have given and devised and bequeathed the same to my children Eliza Barton and Jane Ann Barton, thier hiers and assigning forever. Now therefore I do by this my writing, which I hereby declare to be a codilel to my said last will and testament and to be taken as part thereof order and declare that my said wife whom I have in said will apppointed as the sole Executrix thereof and that she is hereby impowered by me to sell and dispose of said Real Estate at public or private sale at such time or times and upon such times, and in such manner as to her shall seem meet, she avails of such sale or sales shall be held in trust by her, and at her decease I hereby give and devise the same by my children in like manner as the said Real Estate is devised, provided it may not be disposed of the use of same proceeds of such sale or sales. I give to my said wife, but she shall in no manner lesson or decrease the amount therof. So that the full amount of said proceeds cannot be left to my said children as aforesaid.
In witness whereof I have hereto set my hand and said seal the 7th day of July in the year of our Lord one thousand eight hundred and forty seven. (1847)
Zenas Barton S. S.
The above instrument consisting of part of two sheets was at the date thereof signed, sealed, published and delivered by the said Zenas Barton as and for a codicil to his last will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses therto.
Amos Smith Residing at New Albion, Cattaraugus County, New York
Henry Wood Residing at New Albion, Cattaraugus County, in the state of New York
Cattaraugus County Surrogate Court}
Be it remembered that on the 30th day of September 1847 the
written instrument of writing purporting to be the last will and
testament of Zenas Barton deceased. Devising Real Estate and
bequeathing personal property and the codicil thereto annexed was
legally proved in said Court before Rensselar Lamb County Judge of
said County to have been excuted by the said Zenas Barton, at a time
when he the said Zenas Barton was in all respects compitnet to
devise Real Estate and bequeath Personal Property and under no means
of restraint whatever. To all of which I cerify under my hand an
seal of our said Surrogates Court at Ellicottville on this 30th day
of September 1847.
Located on the road between Beloted Corners to Franklin Hill Road, Town of Leon
Barton, Zenus, died August 5, 1847 age 43 years.