339
At a Surrogates court held at the Village of Elmira in the County of
Chemung on the 12th day of May 1849, before John W Wisner Esqr county
judge of Chemung County --
In the matter of the proof of the Last Will & Testament of Daniel
Carpenter Decd.
The petition of John Carpenter of Elmira in the county of Chemung
Respectfully Showeth that your petition is named one of the Executors in
the Last Will & Testament of Daniel Carpenter late of the town of Elmira
in the county of Chemung deceased, that said Deceased died at his place
of residence in said town of Elmira on the 27th day of April last past,
that his said last Will & Testament disposes of both real & personal
estate, that said deceased left a Widow named Rebecca and the following
named children heirs at law
340
and next of kin to said Deceased to wit James Carpenter, Daniel B
Carpenter, this deponent, William Carpenter, Benjamin Carpenter, Betsey
Cook, Rebecca Campbell and the following named grandchildren, children
of Sally Vansickle Decd. daughter of said Deceased to wit William
Vansickle, Thomas Vansickle, Betsey Vansickle, Daniel Vansickle, Elijah
Vansickle, Lewis Vansickle, that the said Vansickes are all minors
except William Vansickle --
This Deponent prays that said Last Will & testament may be admitted to
probate and Letters testamentary these (then?) on granted according to
law.
John Carpenter
Chemung County ss - John Carpenter the above named petitioner being duly
sworn says that the above petition signed by him and the matters therein
stated are ???
Sworn this 12th day of May 1849. Before me John W. Wisner
Chemung County Judge
At a Surrogates court held at the Village of Elmira in the county of
Chemung on the 12th day of May 1849 before John W. Wisner Chemung County
Judge, on the day & at the place aforesaid John Carpenter one of the
Executors named in the Last will & testament of Daniel Carpenter late of
the said county deceased appeared and offered the said will for probate
and made satisfactory proof before the said county Judge that the said
deceased died on the 27th day of April last past and was at the time of
his death an inhabitant of said county , It is therefore ordered that a
citation issue to the widow & next of kin of the said deceased to appear
& attend the probate of the said will before the said county Judge at
his office in the Village of Elmira on the 21st day of May 1849 at one
o'clock in the afternoon.
John W. Wisner
Chemung county Judge
The People of the State of New York.
To Rebecca Carpenter widow, James Carpenter, Daniel B Carpenter,
William Carpenter, Benjamin Carpenter, Betsey Cook, Rebecca Campbell,
William Vansickle, Erastus P. Hart Special Guardian of Thomas Vansickle,
Betsey Vansickle, Daniel Vansickle, Elijah Vansickle, Lewis Vansickle,
minors
341
Heirs at law & next of kin to Daniel Carpenter late of the town of
Elmira in the County of Chemung & State of New York Decd.
Whereas John Carpenter one of the executors named in the last will and
testament of the said Daniel Carpenter deceased his this day offered the
said will for probate before John W. Wisner County Judge, surrogate of
the county of Chemung, You are there fore hereby cited to appear before
the said County Judge at his office in the Village of Elmira in the
county of Chemung on the 21st day of May next at one o'clock in the
afternoon to attend the probate of the said will.
SS
Given under the hand and official seal of the said county Judge at
Elmira in said county this 12th day of May 1849.
John W Wisner
Chemung County Judge & Surrogate
At a surrogates court held on the day and at the place mentioned in the
above citation before John W. Wisner Chemung County Judge ?? came John
Carpenter one of the executors named in the last will and testament of
said Daniel Carpenter deceased and it appearing in proof that legal
service of said citation had not been made on James Carpenter one of the
heirs at law and next of kin to said deceased, it is therefore ordered
that further citation issue to said James Carpenter to appear and attend
the probate of said will before the said county Judge at his office in
the Village of Elmira on the 31st day of May next at one o'clock in the
afternoon, and that these proceedings stand adjourned to that time and
place.
John W. Wisner
Chemung County Judge
The People of the State of New York
To James Carpenter of Elmira in the county of Chemung one of the
heirs at law and next of kin to Daniel Carpenter late of the town of
Elmira in the county of Chemung and State of New York deceased. Whereas
John Carpenter one of the executors named in the last will & testament
of the said Daniel Carpenter deceased has this day offered the said will
for probate before John W Wisner County Judge & Surrogate of the county
of Chemung : You are therefore hereby cited to appear before the said
County Judge at his office in the Village of Elmira
342
in the county of Chemung on the 31st day of May next at one oclock in
the afternoon to attend the probate of thee said will.
SS
Given under the hand and official seal of the said surrogate at Elmira
in said county this 21st day of May 1849.
John W Wisner
County Judge & Surrogate
At a surrogates court held at the town of Elmira in the county of
Chemung on the 31st day of May 1849. before John W Wisner county Judge
of Chemung county, on the day and at the place aforesaid John Carpenter
& William Carpenter executors of the last will & testament of Daniel
Carpenter late of the town of Elmira in the county of Chemung Deceased
appeared for the purpose of proving said will. William Carpenter also
appeared.
Where upon I the county Judge aforesaid proceeded to hear the proofs and
allegations of the said parties and thereupon the said John Carpenter &
William Carpenter produced satisfactory proof of lawful service of
notice of this application on all the heirs of the said deceased at
least eight days previous to this 31st May inst. Where upon the persons
who are subscribing witnesses to the said will were by the said County
Judge duly sworn to prove the execution of the said will and testified
as follows.
Chemung County ss. Almon Cook of the town of Elmira in the county of
Chemung testified that he was aquainted with Daniel Carpenter late of
the town of Elmira aforesaid the testator in the last will & testament
here in court produced and who is now deceased that he saw the said
Daniel Carpenter the said testator sign his name to the said will and
heard him at the same time declare the same to be his last will &
testament. that Marilla Chapman the other subscibing witness was present
at the time the said testator executed his said will as aforesaid and
that as well he the said Almon Cook as the said Marilla Chapman the
other subscribing witness was present at the time the said testator
executed his will at the request of the said testator in his presence
and in the presence of each other and that the said testator at the time
he executed his said will as aforesaid
343
was of sound mind memory & understanding and not under any restraint to
his knowledge or belief
Sworn this 31st day of May / Almon Cook
1849. Before me, John W Wisner
Chemung County Judge
Chemung County Ss: Marilla Chapman being first duly sworn and examined
testified that she was called on to be a witness to the last will &
testament of Daniel Carpenter late of the town of Elmira deceased. that
the will here in court produced is the same to which she subscribed her
name as a witness, that she saw the said Daniel Carpenter the testator
sign his name to the said will and heard him declare the same to be his
last will & testament and that at the same time at the request of the
testator she subscribed her name as a witness in his presence, and that
she the said Marilla Chapman and the said Almon Cook the other
subscribing witness subscribed their names as witnesses to the execution
of the said will by the testator as aforesaid in his presence and in the
presence of each other and that the said Daniel Carpenter the testator
at the time he executed his said will & testament as aforesaid ws of
sound mind memory & understanding and not under any restraint to her
knowledge and compitent as she considered to execute his said will.
Sworn this 31st day of May / Marilla Chapman
1849. before me John W Wisner
Chemung County Judge
The foregoing proofs and examinations were taken before me the county
Judge aforesaid on the 31st day of May 1849 at my office in the Village
of Elmira in the county of Chemung and the depositions of Almon Cook and
Marilla Chapman the only subscribing witnesses to the said will were by
their repectively subscribed after having first carefully read over to
their and I the said county Judge being satisified upon the said proof
before me taken as aforesaid that lawful service of notice of proving
the said will has been served on the heirs of the said Daniel Carpenter
the testator deceased. that the said will was duly executed and that the
said testator
344
at the time of executing the same was in all respects competent to
devise real estate and not under restraint do therefore allow the said
will proofs & examinations to be recorded and that letters testamentary
issue to the executors in said will named__
John W Wisner
Chemung County Judge
(will)
The last will and testament of Daniel Carpenter of the town of Elmira in
the county of Chemung and state of New York.
I, Daniel Carpenter aged Seventy one years and upwards being of sound
mind & memory blessed be Almighty God for the same do make and publish
this my last will & testament in manner and form following
First I give and bequeath unto my well beloved wife Rebecca all my
household furniture for her use during her lifetime and at her decease I
give the same to my son Benjamin Carpenter
Secondly, I give and bequeath to my sons James Carpenter and Daniel B.
Carpenter each the sum of one hundred dollars to be paid to them
severally within two years after my decease. And to my son John
Carpenter I give and bequeath the sum of Fifty dollars payable within
two years after my decease.
Thirdly, I give and bequeath unto my daughters Sarah Vansickle,
Elizabeth Cook and Rebecca Campbell each the sum of one hundred dollars
, and I hereby direct that the legacies to Sarah Vansickle and Elizabeth
Cook be paid to them severally within one year after my decease and the
legacy to my daughter Rebecca Campbell I order and direct the same to be
paid to her within two years after my decease.
Fourthly , I give and devise unto my son William Carpenter and unto his
heirs and assigns forever ten acres of land to be laid off the North
side of my farm on which I now reside and next adjoining his farm to be
of such width as will make the ten acres by n??ing the whole width of my
farm east and west course.
Fifthly , I give and devise unto my son Benjamin Carpenter all the rest
and residue of my homestead farm and unto his heirs and assigns forever
, And I also give and bequeath unto him all my personal property of
every kind and nature what soever. And I do hereby expressly charge the
real estate devised unto him and the personal property bequeathed him
with
345
the payment of the several legacies herein bequeathed to my sons and
daughters , and also with the payment of all just debts and funeral
expenses , And I hereby personally charge my said son Benjamin with the
care and maintainance of my wife Rebecca with food ???ent and all
necessary medical attendance during her lifetime , and in every asspect
to be comfortably provided for in my present dwelling house and at her
decease to pay all necessary furneral expenses.
Sixthly , I hereby authorize and direct my executors hereinafter named
to make, execute and deliver unto Dan'd Tillotson a deed for a lot of
land near the steam sawmill of said Tillotson as soon as said Tillotson
shall comply with the contract for the purchase of said lot from me.
Lastly , I do hereby constitute and appoint my sons John Carpenter and
William Carpenter executors of this my last will & testament. In witness
whereof I have hereunto set my hand & seal this 17th day of April 1848.
Daniel Carpenter ss
The foregoing instrument of one sheet was now here subscribed by Daniel
Carpenter the testator in the presence of each of us and at the time of
the execution hereof by him he declared the same to be his last will &
testament and we at his request subscribed our names hereto as attesting
witnesses.
Almon Cook, Elmira, Chemung County
Marilla Chapman, Elmira, Chemung County
-----
transcribed by Dennis F. Carpenter, March 2008