Schoharie Co. NY Wills Vol. B2 page 107
Dated 26 August 1842

"In the name of God Amen, I William Canada of the town of Cobleskill, County of Schoharie do make and publish this my last will and testament in manner and form following that is to say."

Where as my son David Canada is indebted to me on notes and Book account to the amount of Six hundred dollars. Some part of which is now not collectable on account of the Statute of Limitations, in case said David shall before or after my decease pay said debt then I give, divide and bequeath unto said David one equal undivided seventh part of all my estate real and personal after the payment of all my debts and funeral expenses, but in case said David shall not pay said debt then I do hereby release and discharge him and I do hereby direct my executors to release and discharge him from such part of said debt the collection of which is barred by the Statute of Limitations as shall amount to the same as the value of one sixth part of my estate after the payment of my debts and funeral expenses and in such case David is not to have any part of my estate. I give and devise unto my sons James Canada, Jeremiah Canada, Abraham Canada and William Canada and my daughters, Nancy Townsend wife of Rufus Townsend and Margaret wife of Benajah Townsend all the rest and residue of my estate real and personal and I do so hereby revoke all former wills by me made.

I do hereby nominate my son Jeremiah and my friend Storm S. Becker executors of this my last will and testament. Subscribed by the Testator William Canada in the presence of each of us who have hereto subscribed our names as witnesses and at time of such subscription said testator did declare in the presence of us to be his last will and testament. In witness whereof we have hereunto each set our names as witness at the request of said testator September August 26th 1842.

William Canady (signature)

Benoni Spafford of Middleburgh Schoharie County
Henry R. Briggs of Middleburgh Schoharie County

Schoharie County
Surrogate Court
In the matter of proving the last will and testament of William Canady deceased.
Schoharie County (Js.?) Henry R. Briggs of the town of Middleburgh in the County of Schoharie being first sworn in open court oath depose and say that he is a subscribing witness to the last will and testament of William Canady deceased late of Cobleskill in the County of Schoharie. Deponent further saith that the said William Canady the said testator did in the presence of this deponent subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said William Canady and which bears date on the twenty sixth day of August in the year of our Lord one thousand and eight hundred and forty two. Deponent further saith that said William Canady the said testator did at the same time of subscribing his name as aforesaid, at the end of the said will declare the said instrument so subscribed and now exhibited to be his last will and testament and deponent did thereupon subscribe his name to the said will as an attesting witness thereto at the end of the said will at the request and in the presence of the said testator and of the other subscribing witnesses thereto. Deponent further saith that at the time when said testator subscribed his name to the said last will as aforesaid, and at the time of this deponents subscribing his name as an attesting witness thereto as aforesaid the said William Canady was of sound mind and memory of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent. And further this deponent saith that he is well acquainted with Benoni Spaffords handwriting and have seen him write and know the signature to be his own proper hand. Mr. Spafford is dead from the best information and his belief of this deponent. I saw William Canady subscribe his name. The will was read over to him by Mr. Spafford before signing. The will reads according to the recollection of this deponent at the time and is the only will I ever witnessed for William Canady or any other will whatever. Henry R. Briggs (signature)

Subscribed and sworn this
Twenty third day of October 1844
Before me: Demortheus? Lawyer (signature)
Surrogate

Schoharie County
Surrogate Court
In the matter of proving the last will and testament of William Canady deceased.
Schoharie County (Js.?) Peter S. Danforth of the town of Middleburgh in said County being first sworn in open court doth depose and say that he was acquainted with Benoni Spafford Esquire attorney and Counselor at Law of the Supreme Court of the State of New York, late of Middleburgh and late deceased who is one of the subscribing witnesses to the will of the said deceased that he died at Toledo and this deponent is administrator of the Estate of said Benoni Spafford. That he had been a clerk of deponents father and that the deponent has been a clerk in the said Spaffords office and practiced in the same village with him several years. The said deponent is well acquainted with his hand writing and from his knowledge of the same testifies that the will is in the hand writing and the signature of the said witness Benoni Spafford is his hand writing and further this deponent saith not. Schoharie 23 Oct. 1844 Peter S. Danforth (signature)

Subscribed and sworn this 23 Oct. 1844
Before me Demortheus? Lawyer. (signature)
Surrogate

Surrogate Court, Schoharie County (Js.?) I Demortheus Lawyer Surrogate of said County do Certify that at a Surrogate Court held in and for the said County on the twenty third day of October A D 1844 the last will and testament of William Canady was duly proven before me as a will of real and personal estate pursuant to the laws of the State of New York and that the preceding record is a true transcript of the said last will and testament and of the proofs and examinations taken in relation thereto.

Demortheus? Lawyer. Surrogate (signature)