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Tri-County Legal Documents |
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Tri-County Legal Documents |
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Transcribed by Constance Leaman
Elmira, Tioga, New York, 1815
Tioga NY Will Book 54 Volume 3 Page 98
Page 97
The People of the State of new York by the Grace of God Free and Independent. To all to whom these Presents shall come or may concern Send Greeting Know ye that at the Town of Elmira, on the eleventh day of February in the year of our Lord One thousand eight hundred and fifteen Before Robert Lawrence Esq. Surrogate of the County of Tioga, the last will and Testament of Jesse Carpenter late of the Town of Elmira, in the County aforesaid, deceased, (a copy of which is hereunto annexed) was proved, and is now approved and allowed by us – and the said deceased having whilst he lived and at the time of his death, Goods, Chattels and Credits within this State by reason whereof the proving and registering of the said Will and the granting Administration of all and singular the said Goods, Chattels & Credits and also the auditing, allowing and final discharging the Account thereof doth belong with us–
The Administration of all and singular the Goods, chattels and Credits of the said deceased any way concerning his Will is granted to Joseph Carpenter and Jesse Carpenter, Executors in Said Will named, they being by me first duly sworn well & faithfully to administer the same, and also to render a just and true Account of Administration when thereunto legally required — In Testimony whereof we have caused the Seal of Office of our Said Surrogate to be hereunto affixed. Witness, Rob Lawrence Esq Surrogate of the County of Tioga at Elmira, in said County the Eleventh Day of February in the year of our Lord one thousand eight hundred and fifteen and of the Independence of the United States the Thirty Ninth. Rob. Lawrence, Surrogate
Page 98
In The Name of God Amen. I Jesse Carpenter of the town of Elmira, in the County of Tioga and State of New York being weak in body but of perfect mind and memory, thanks be to God for the same, do make and ordain this my last will and Testament –
Firstly I give and bequeath unto my dearly beloved wife Sarah Fifty dollars lawful money of the State of New York a year(?) or her decent maintenance at her election as long as she remains my Widow, to be paid to her by my Executors herein after named out of my estate in lieu of her dower and of her share of my personal property–
Secondly I give and bequeath unto my beloved daughter Clarissa,
Two hundred and fifty Dollars to be paid to her by my Executors out of
my Estate within one year after my decease.–
Thirdly I give and bequeath unto my beloved daughter Hannah
Two Hundred and fifty dollars to my beloved daughter Hannah Two Hundred
and fifty dollars to be paid to her out of my Estate by my said Executors
within one year after my decease–
Fourthly I give and bequeath unto my said daughters Clarissa and Hannah all of my househould (sic) furniture to be equally divided between them, they permitting my beloved wife Sarah to have the use thereof as long as she remains my Widow--
Fifthly I do hereby emancipate my bond woman Lucy within one year after
my decease –
Sixthly All the rest and residue of my Estate both real and personal
I give devise and bequeath unto my beloved sons Joseph and Jesse and their
Heirs, Executors, Administrators and Assigns, forever equally to be divided
between them–
Page 99
Seventhly I make, ordain, constitute and appoint my beloved sons Joseph & Jesse executors of this my last Will and Testament, hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and Seal the Eighth day of January in the year of our Lord One Thousand eight hundred fifteen.
Signed, Sealed, Published and before the said (signature)
Jesse Carpenter as his last Will and Testament Jesse Carpenter (seal)
in the presence of us, who in his presence and
in the presence of each other have hereunto
subscribed our Names.
(signatures)
Thomas Baldwin
Lathrop Baldwin
James Baldwin
Tioga County Be it remembered that on the Eleventh day of February in the year of our Lord One thousand eight hundred and fifteen personally appeared before me Robert Lawrence Surrogate of the County of Tioga Thomas Baldwin one of the subscribing Witnesses to the foregoing instrument of Writing purporting to be the last will and Testament of Jesse Carpenter late of the town of Elmira, in the said County deceased who being by me duly sworn depose and say that he was present and did see the said Jesse Carpenter sign and seal the said instrument of writing and at the same time heard him publish and declare the same to be his last will and Testament in the presence also of James Baldwin and Lathrop Baldwin the other subscribing witnesses and that he together with the said Lathrop Baldwin and James Baldwin subscribed their names as witnesses thereto in the presence of the Testator and of
Page 100
each other and at the time of the execution thereof the Testator appeared to him to be of sound mind and memory.
Robert Lawrence Surrogate (signature)
Chemung Co, New York Will Book Vol. 4B, page 149
Last Will and Testament of
Jesse Carpenter
Deceased.
Be it Remembered, That heretofore, to wit: on the 10th day of January in the year of our Lord one thousand eight hundred and Sixty James Carpenter Executor named in the Last Will and Testament of Jesse Carpenter late of the town of Elmira in the county of Chemung deceased, appeared in open Court, before the Surrogate of the County of Chemung and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow heirs at law and next of kin of the said testator, and their respective residences,
and said Surrogate did thereupon issue a Citation in due form of law, directed to the said widow heirs at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at the Surrogate Office in the village of Elmira in said County, on the 20th day of February A. D. 1860, to attend the Probate of said Will, And Afterwards, to wit: on the 20th day of February a. D. 1861, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 20th day of February A. D. 1861, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament, and proofs are as follows, that is to say:
WILL.
I Jesse Carpenter of the town of Elmira in the county of Chemung & State of New York being of sound & disposing mind & understanding do hereby make & declare this my last will & Testament in manner following to wit:
First I give & bequeath to my son James Carpenter all my Real Estate consisting of the farm on which I reside and the piece of land known as "the Island." Also all the grain that may be growing on the same or may be standing in the field, or stored n barn or granary. All farming utensils, carriages, harnesses. All butter pork (?) & provisions, all fixtures & implements for dairying purposes. All the hogs. One yoke of oxen, three horses if there shall be so many in the farm at the time of my decease, twenty cows of average value & a portion of the hay & other fodder in amount bearing the same proportion to the whole quantity on the farm that the number of animals he has to feed, do (ditto?) to all there is on the farm. All which is given & bequeathed on condition that he pays the legacies hereinafter mentioned to have & to hold the same to his heirs & assigns forever.
Second, I give & bequeath to my daughter Clarissa E. Carpenter a note for five hundred dollars made by Edward S. Carpenter, dated about the 31st day of May 1858 or instead of said note any obligation for which I shall exchange it; Also one thousand dollars in money to be paid by my son James within three years from the first day of December 1859.
Third, I give & bequeath to my daughters Martha T. Wickham & Susan E. Lowman each the sum of five hundred dollars to be paid by my son James one half in four years & the remainder in five years from December 1st, 1859.
Fourth, I give & bequeath all my household furniture goods utensils to my wife Emma.
Fifth, I direct my Executors to have the cows & other live stock hay and fodder not included in the foregoing bequests appraised at their fair value and that my son James may take them at the appraised value & give his note or other obligation therefor payable in two years from December 1st 1859. The avails of which together with the remainder of my estate I give to my wife Emma and and [sic] my daughter Clarissa to be equally divided between them.
Sixth, I hereby request my son William S to furnish for my wife Emma & my daughter Clarissa E. a home with him so long as they may choose to occupy it and that my said son shall bestow the care & attention due from a son towards his mother and from a brother towards his sister, rendering as far as in his power their home pleasant & happy.
Lastly, I do hereby appoint my sons James Carpenter & William S Carpenter & my son-in-law John G. Lowman executors of this my last will & Testament hereby revoking all former wills by me made.
In witness whereof I hereto fix my hand & seal this fourth day of June in the year one thousand eighteen hundred & fifty nine.
Jesse Carpenter (seal)
The above instrument was on the date thereof signed sealed & declared by the said Jesse Carpenter to be his last will & testament in presence of us who at his request and in his presence & in the presence of each other have subscribed our names as witnesses thereof.
George E. Carpenter of Elmira Chemung County NY
Lyman L. Lowman, Elmira NY
James Carpenter
Sworn September 20th before me C. L. (?) Smith Surrogate. (Also another date: 20 February 1860)
Chemung County, SS.
In appearing upon the proofs duly taken in respect to the Last Will and Testament of Jesse Carpenter late of the town of Elmira in the County of Chemung and State of New York; deceased, that the said Will was duly executed, and that the said Jess Carpenter at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me; pursuant to the Provisions of the Revised Statutes, this 20th day of February A. D. 1860
Transcribed by Constance Leaman
NY Tioga County Will Book 54 Volume 4 Page 93
The People of the State of New York by the grace of God: Free and Independent. –To all to whom these presents shall come or may concern. Greetings. Know Ye That at the Town of Elmira in the County of Tioga the tenth day of February in the Year of our Lord One Thousand eight hundred and twenty three before Robert Lawrence Esq. Surrogate of the said County, the last Will and testament of Hannah Cooley late of the town of Elmira in the said County deceased a copy of which is hereunto annexed was proved and is now approved and allowed of (??) by us. And the said deceased having whilst she lived and at the time of her death goods Chattels and Credits within this State by means whereof the proving and registering the Said Will and the granting Administration of all and singular the goods Chattels and Credits of the Said deceased and also the Auditing allowing and the final discharging the account hereof doth belong unto us–The Documentation of all and singular the goods chattels and credits of the said deceased any way concerning her will is granted unto Jesse Carpenter and Joseph Carpenter Executors in the said will named, they having been first duly sworn well and faithfully to Administer the same and to make or cause to be made a true and perfect inventory of all and singular the goods chattels and credits of said deceased which have or shall come to their hands profession or knowledge and the same so made to exhibit or cause to be exhibited into the office of the Surrogate of the County of Tioga at or before the expiration of this calendar months from the date and also to render a just and true account of administration when thereunto legally required. In Testimony whereof we have caused the Seal of office of our Said Surrogate to be hereunto affixed. Witness Robert Lawrence Esq. Surrogate of the Said County at Elmira in the Said County the tenth day of February in the Year of our Lord One Thousand eight hundred and twenty-three and of the independence of the United States the Forty Seventy.--
Robt Lawrence Surrogate
The Last Will and testament of Hannah Cooley of the town of Elmira in the County of Tioga and State of New York. I Hannah Cooley 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 to wit
Item. It is my will and desire that my executors herein after named do appropriate the monies due and which may be come due on a note which I hold against Samuel S. Seely and Isaiah Seely as far as it go to the payment of the debt due from me as executrix of my late husband Jonathan Cooley Deceased. The executor of Mary Bowman deceased / to the heirs of the Said Mary Bowman.. And I do also hereby authorise and require my Said executors to sell and dispose of the lot of land with the hereditaments and appurtenances thereto belonging, which was devised to me by my late husband Jonathan Cooley situated on Newburgh in the County of Orange in Such Manner as may to them deem advisable and prudent, execute and deliver to the purchaser or purchasers thereof, his or their heirs and assigns forever, good and sufficient deed or deeds of conveyance in the law in fee simple: And I do hereby authorise and require my said executors from the proceeds of the said sale to pay off and discharge the residue of the debt which may be due to the heirs of the said Mary Bowman deceased together with all costs and charges which may arise or accrue in consequence of said debt, and all ???? attending the said sale, and the settlement and final discharge of the said demand.--
Item I do give and bequeath to my two nephews, Jonathan Cooley Carpenter the son of Jesse Carpenter & Robert Carpenter the son of Joseph Carpenter of Elmira aforesaid & to their heirs and assigns whatsoever Sum of money may be remaining in the hands of my said executors, from the proceeds of the sale of my said real estate, after deducting the amount so due to the heirs of Mary Bowman, to be equally divided between the said Jonathan & Robert, and to be paid to them respectively by my said executors when they shall respectively arrive at the age of twenty one Years. Item I do give my trusty and faithful servant Rosannah Denmark her freedom from and dafter my decease, and I do also in consideration of her fidelity and attention give and bequeath to her the said Rosannah the following articles, to wit, my blue chest together with its contents, six chairs, one Bureau, One Small square table, one set homespun red curtains, one high post bedstead, one feather bed and bedding, one Shaw bed. One new bed tick and feathers, one set knives forks, two silver table spoons, one small brass kettle. One pair andirons shovel and tongs small looking glass, One gown pattern of flannel– And I give to the said Rosannah the note I now hold against William Baldwin which I expressly direct and request may be paid to her in cows and sheep at their fair value. And I do also give to the said Rosannah ten dollars to be paid out of my note against Jesse Carpenter at the discretion of my said executors. And I do also direct that the Interest of my note against Ebenezer Sayre be paid by my executors to the said Rosannah for ten Years from the time of my decease. Item I give and bequeath to my niece Elvira Carpenter one blue calico bed quilt and my fur rug. Item I give and bequeath to my niece Zerviah Maxwell one pieced calico bed quilt.--
Item I give and bequeath to my niece Hannah Edwards my cloth mantle my set of new silver tea spoons & my pocket book.--
Item I give and bequeath to my nephew James Sayre my silver Nostib. (????)
Item I give and bequeath to Jonathan Cooley Carpenter two silver table spoons & all my books not heretofore disposed. Item I give and bequeath to my sister Sarah Carpenter the residue of my note against Jesse Carpenter not before disposed of and the principal sum of my note against Ebenezer Sayre at the end of Ten Years after my decease.--
Item. I give and bequeath to my three Sisters Sarah Carpenter, Elizabeth Sayre, and Azubah Baldwin to be equally divided amongst them, all the rest and residue of my personal estate whatsoever and wheresoever, including all my wearing apparel and household furniture, and of what nature kind and quality soever the same may be, and not herein before disposed of. And I do hereby nominate constitute and appoint my two nephews Jesse Carpenter & Joseph Carpenter of Elmira aforesaid my executors of this my last will and testament, hereby revoking all former wills by me ever heretofore made.– In witness whereof I have hereunto Set my hand and Seal this thirteenth day of July in the Year of our Lord one thousand eight hundred and twenty two. –Signed Sealed published and declared by the said Hannah Cooley as and for her last Will and testament in our presence, who at her request subscribed our names hereto as Witnesses, in her presence, and in the presence of each other.
Azubah Seely
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