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Tioga County Court House Owego NY 30 APR 1999 by JMT

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NOTE: Spelling and punctuation is as written in the will. Information placed within square brackets and bolded was added by transcriber.

I, Jonathon C. Lyons of Factoryville County of Tioga and State of New York do make publish and declare this my will and testament in manner and form following that is to say

First - give and bequeath to my wife Susan [Ilett] Lyons all my household property of every kind.

I give and devise to my said wife for and during her lifetime the house and lot in Factoryville where I now live, containing five (5) acres, also for the same period, the Tavern Lot in Factoryville containing three (3) acres. Also for the same period, the lot opposite Allen LaMouts farm in Barton which I purchased of Reobi [difficult to read] Hanna and containing twenty eight (28) acres.

I also give and bequeath to my said wife one half of my personal property not hereinafter specifically bequeathed.

Second – I give and devise to Amelia wife of my son Nelson, subject to the life estate of my wife and subject to another condition herein after mentioned, the house and lot in Factoryville in which I now live and containing five (5) acres.

3^rd – I give and devise to my son Nelson subject to the life estate of my wife the 28 opposite A. LaMouts land and which I purchased from Reobi Hanna subject to the condition hereinafter provided.

4^th – I give and devise to my daughter Mary Kelley wife of Theron Kelly the house and lot in which she now live situated in the Town of Barton containing about twenty five (25) acres and which I purchased of F. G. Wall of Elmira. I also give and devise to my said daughter fifty acres adjoining the above named 25 acres, and which I received from my father [Justus Lyons]. The devise of the two pieces of land containing in all 75 acres is subject to the condition hereinafter named.

5^th – I give and devise to my daughter Anna wife of George Lyons [Anna & George, son of David C. Lyons & Sarah Hanna, are first cousins] living near Fon Du Lack Wisconsin all of the old farm situated in the Town of Barton on the East of the Geneva, Ithaca and Sayre Railroad. This devise to Anna Lyons is subject to the condition hereinafter mentioned.

6^th – I give and devise to my daughter Francis widow of the late Asa Clark, fifty acres of the old farm lying on the west side of the Geneva Ithaca and Sayre Railroad also 180 acres of land which I purchased from William and Hiram Thomas situate in the Town and County of Chemung on the West side of said railroad and adjoining the 5 0 acres above mentioned. This devise is subject to the condition herein provided.

7^th – I give and devise to Harriet Kaufelt wife of Henry Kaufelt one hundred forty (140) acres of land in the Town and County of Chemung and south of and adjoining on corner upon the fifty acres mentioned in the 6^th clause of my will. The said 140 acres being land I purchased from Harmon Pumpelly. This devise is made subject to the condition hereinafter provided.

8^th – I give and devise to my daughter Sarah Howe wife of Albert Howe one mortgage of about $500 and one mortgage for $1000 give by said Albert Howe, on property owned by him in Hancock County Iowa.

9^th – I five and devise to my daughter Elizabeth wife of Luther Sabin of Factoryville Tioga Co., N.Y. the house and lot where she now resides in Factoryville subject to the condition hereinafter mentioned.

10^th – I give and bequeath to my daughter Laura wife of Wesley H. Brougham a mortgage given to me by said W. H. Brougham for $750 also one given by him to my son John for $285.40 and assigned to me.

11^th – I give and devise to my son John subject to the condition hereinafter provided the farm known as the Salluly [difficult to read] farm situate in Barton Tioga County containing 116 acres and which he now occupies.

12^th – I give and bequeath to Anna Lyons and Francis Clark my daughters all the personal property of which I shall died seized, that may be situated on my old farm on Cayuta Creek in the Town of Barton.

13^th – I give and bequeath to my daughters Elizabeth Sabin, Laura Brougham, Sarah How and my daughter-in-law Amelia Lyons equally, one half of my personal property not herein specifically bequeathed.

14^th – The land herein devised to my several children is to be owned and used during the life time of the child to whom it is devised and then become the property of his or her child or children, in fee.

15^th – I give and devise to my daughter Mary Kelly thirty acres of land situate in the Town of Barton, Tioga County State of New York, and lying East of and adjoining the 25 acres named in the 4^th clause of this will.

16^th – I give and devise to Elizabeth Sabin sixty acres of land situate in the town of Barton upon Cayuta Creek and know as the Garner Hedges farm.

17^th – I hereby nominate John E. Pembleton executor of this my last will and testament hereby revoking all former wills by me made.

Witness my hand and seal this 27^th day of December A.D. 1880.

Jonathon C. Lyons L.S.

Subscribed by the testator in the presence of each of us and at the same time declared by him to be his last will and testament and thereupon we at the request of the testator and in his presence sign our names hereto as attesting witnesses this 27 day of December 1880.

Wm. S. Drew of Waverly Tioga Co. N.Y.

Mary T. Drew of Waverly Tioga Co. N.Y.
 
 

1^st – Whereas by the first clause of my said will, among other lands I give to my wife for life I name a certain three (3) acres I have since sold off from that lot about one acre. Therefore my wife will hold the residue of said three acres for her life. And also in said will bequest to my said wife over half of my personal property not specifically bequeathed. I now bequeath to my wife all my personal property not specifically bequeathed.

2^nd – By the sixth clause of my said will I devise to my daughter Francis, widow of the late Asa Clark fifty acres of the old farm lying on the west side of the Geneva, Ithaca and Sayre Railroad. Also 180 acres of land I purchased of Wm. And Hiram Thomas situate in the town and county of Chemung on the west side of said Railroad. I now revoke said 6^th clause of my will and hereby devise the said fifty (50) acres and the said one hundred and eighty (180) acres to my grandson Corey Kelly and his heirs in fee.

3^rd – I give and devise to Harriet Kaufelt wife of Henry Kaufelt the house and lot in Sayre State of Penna where she now lives.

4^th – By the 9^th clause of my said will I give my daughter Elizabeth Sabin of Factoryville a house and lot where she then lived. I now give and devise to her also the house and lot near Factoryville which she now occupies. I also bequeath to my said daughter Elizabeth Sabin one thousand dollars ($1000) in money.

5^th – I give and bequeath to my daughter Laura Brougham in addition to the mortgages named in the 10^th clause of my will the sum of five hundred ($500) dollars.

6^th – I hereby change the 12^th clause of my said will and revoke the bequest therein mentioned of a joint interest in the personal property I shall leave on my farm on Cayuta Creek to Francis Clark and hereby give the joint interest in said personal property to my grandson Cory Kelly.

7^th – I hereby revoke the bequest named in the 13^th clause of said will of one half of my personal property to my daughters therein named.

8^th – I give and bequeath to Amelia Lyons two hundred and fifty ($250) dollars.

9^th – I hereby revoke the devise of 60 acres of land to Elizabeth Sabin and give and devise the said 60 acres of land to my grandson Fred Kelly in fee.

10^th – In my said will I named John E. Pembleton as my executor; Instead of him I now name Lathuria Kelly of the Town of Barton, N.Y. as my Executor of my last will. In witness whereof I have hereunto set my hand and seal this 12^th day of October 1888.

Jonathon C. Lyons L.S.

Geo H. Grofft Waverly Tioga County N.Y.

John C. VanAtta Waverly Tioga County N.Y.

Subscribed by the testator in the presence of each of us and at the same time he declared the fore going instrument to be a codicil to his last will and testament. Therein??? we at the request of the testator and in his presence and in the presence of each other sign our names hereto as attesting witnesses.

Geo H. Grofft Waverly Tioga Co, NY

Jno C. VanAtta Waverly Tioga Co, NY
 
 

Whereas by the 10^th clause of my said codicil I named Lathuria Kelly of the Town of Barton N.Y. as my executor of my said last will in place of John E. Pembleton whom I had named as executor of said will now in place and stead of either of them I nominate and appoint my son John Lyons of Barton Tioga Co N.Y. to be the executor of my said last will and hereby in all other respect confirm my last will and said codicil thereto.

In witness whereof I have hereunto set my hand and seal this 21^st day of May 1890.

J. C. Lyons L. S.

Subscribed by the testator in the presence of each of us and at the same time he declared the within instrument to be a codicil to his last will and testament. There upon at his request and in his presence, and in the presence of each other we sign our names hereto as attesting witnesses this 21^st day of May 1890.

C. E. Merriam Waverly Tioga Co New York

J. C. VanAtta " " " " "

I hereby revoke the devise of 60 acres of land to my grand son Fed Kelly as mentioned in item 9^th of said Codicil bearing date the 12^th day of October 1888 and now give and devise the said 60 acres unto my son Nelson Lyons in fee.

And I hereby republish my said last will and the codicils thereto in all respects except as the same is changed by this present Codicil.

In witness whereof I have hereunto set my hand and seal this fourth day of February 1891.

Jonathon C. Lyons L. S.

Subscribed by the above named testator Jonathon C. Lyons, in our presence, and acknowledged by him to each of us; and he, at the same time declared the above instrument, so subscribed to be the third codicil to his Last Will and Testament, and we at his request and in his presence, and in the presence of each other, do here sign as witness as thereto.

J. F. Shoemaker, Waverly, N.Y.

A. C. Eaton " "
 
 

1. I give and bequeath unto my son John Lyons five notes which I hold against him, viz: one of six hundred dollars not dated; one of five hundred dollars dated February 7^th 1889 one for one hundred dollars dated September 30, 1889; one for seventy-five dollars dated December 27^th 1889; and one for two hundred dollars, dated May 15, 1896. In consideration of this special gift and bequest my said son shall pay all my funeral expenses and not make any charge of the same to my estate.
2. I give and bequeath unto my daughter-in-law, Amelia wife of my son Nelson Lyons, my two cows, my top carriages and my old writing desk.
3. I give a bequeath unto my son Nelson Lyons a note for two hundred dollars dated August 22, 1888, which I hold against him and in consideration of this gift and bequest my said son Nelson is to keep up and care for year by year my cemetery lot in Kings Burying Ground where my deceased wife lies buried and where I wish to be buried.
4. I give devise and bequeath unto my daughter, Elizabeth S. Sabin, my house and lot situated on the west side of Cayuta Avenue in the Village of Waverly, which I purchased at Referee Sale (A.P. Eaton Referee) the deed of which is recorded in Tioga County Clerks office July 22, 1886 in Liber 99 of Deeds at Page 209.

And I hereby republish and confirm my said last will and codicils heretofore made in all respects except as the same may be affected by this Codicil.

In witness whereof I have hereunto set my hand and affixed my seal this thirty-first day of August in the year of our Lord one thousand eight hundred and ninety-two.

his Jonathon x C. Lyons L. S.

mark The above instrument of writing was signed by the said Jonathon C. Lyons, with his mark, the testator therein named in our presence, and at the same time said testator declared the same to be a Codicil to his last will and testament and at his request we have hereunto signed our names as witnesses thereto in his presence and in the presence of each other.

J. F. Shoemaker Waverly NY

A. C. Eaton Waverly NY

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Hi Joyce,
I have transcribed Jonathon Cory Lyons' will.  Even though the will is from Tioga County, NY, it mentions Chemung County several times.  It also mentions one child living in Sayre, PA (Bradford Co).

Sherlene Schmitt-Belden

Bradford County PA Chemung County NY Tioga County PA

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