Will of Benjamin C. Carpenter of Veteran, Chemung, NY
transcribed by Dennis F. Carpenter, March 2008
110
Chemung County
Surrogates Court ss
John Carpenter of Elmira, County aforesaid, being duly sworn saith that
Benjamin C. Carpenter late of the Town of Veteran in the County of
Chemung died on the 26th day of May last past at his residence in the
said town of Veteran a natural death. That the said decesed left an
instrument in writing purporting to be his last will and Testament
bearing the date The 16th day of March 1846 That the said deceased left
a widow Eunice and no children or Father but did leave Brothers and
sisters (towit?) Daniel Carpenter of Elmira & Thomas Carpenter of
Bigflats County of Chemung. William Carpenter, James Carpenter, Samuel
Carpenter and John H. Carpenter (Sarah Barber, Abigail Barber, Thomas
Barber of Adrian, Lenawee County, Michigan - Margaret whose husbands
name or residence is not known to this deponent Children of Polly
Barber) Hannah the wife of Samuel Whitney who resides in Shelby, Orleans
County, Ny. Abigail the wife of James Vanhorn of Orleans County, Ny Town
not known and Richard A. Carpenter of Angelica, Allegany County, Ny, all
of whom are the age of twenty one years & upward & that said Will
relates to both Real and personal Estate.
John Carpenter
Subscrib??? and sworn before me This 11th day of June 1846
B B Payne Surrogate
The people of the State of New York to Eunice Carpenter of Veteran,
Daniel Carpenter of Elmira, Thomas Carpenter of Bigflats County of
Chemung Ny, William Carpenter, James Carpenter, Samuel Carpenter, John
H. Carpenter, (Sarah Barber, Abigail Barber & Thomas Barber of Adrian,
Lenaway County Michigan, Margaret whose husbands name or residence is
not known Children of Polly Barber deceased
111
Hannah wife of Samuel Whitney of Shelby Orleans County Ny. Abigail wife
of James Vanhorn of Orleans Co, town not known & Richard A Carpenter of
Angelica, Allegany County Ny ??? ????
Whereas John Carpenter of Elmira has lately applied to our Surrogate of
the County of Chemung to have a certain Instrument in writing bearing
the date The 16th day of March 1846 perrporting to dispose of both real
and personal Estate duly proved as the Last Will and Testament of
Benjamin C Carpenter late of Chemung County -- Therefore you & Each of
you are cit?? & required personally to be and appear before our said
Surrogate at his office in the Village of Elmira on the 30th day of July
next at 10 OClock in the fore noon of that day Then and There to attend
to the probate of the said last Will and Testament
In Witness whereof The Surrogate of our said County has hereunto affixed
his seal of office The 11th day of June 1846
B. B. Payne, Surrogate
Chemung County ss
I certify That I did on the 11th day of June 1846 put in the Post Office
at Elmira Copies of the written citation directed to Each viz Wm
Carpenter, James Carpenter, Samuel Carpenter, John H Carpenter, Sarah
Barber, Abigail Barber and Thomas Barber at heir respective places of
residence
B. B. Payne, Surrogate
Chemung County
Surrogates Court ss
John Carpenter being duly sworn saith That More Than Eight days ago he
served a Copy of the written citation on Each Eunice Carpenter, Daniel
Carpenter and Thomas Carpenter
John Carpenter
Subscribed & sworn before me This 30th day of July 1846
B B Payne, Surrogate
112
State of New York
Niagara County ss
Harvey S. Harrington being duly sworn saith he did on the 20th day of
June 1846 Serve a Copy of the written citation personally on Abigail
wife of James Van Horn within named.
H S Harrington
Sworn to this 22nd day of June 1846 before me
P L Ely Justice of the peace
State of New York
Orleans County ss
Hardin Beebe being duly sworn saith he did on the 23rd day of June 1846
serve a copy of the written citation on Hannah Whitney within named
Hardin Beebe
Sworn before me this 26th day of June 1846
Alexis Ward - Supreme Court Commissioner
State of New York
Allegany County ss
William S. Carpenter being duly sworn saith he did on the 11th day of
July 1846 serve a copy of the written citation on Richard A Carpenter
within named
Wm S Carpenter
Sworn & subscribed before me this 15th day of July 1846
Smith Davis Justice of the peace of Allegany County
State of New York
City & County of Albany ss
Samuel S Barnes of the city of Albany being duly sworn say that he is
foreman in the office of the Albany Argus the paper published by the
Printer to the State and that the notice of which the annexed is a
printed copy has been regularly published in said Albany Argus once in
each week for six weeks successively commencing on the 15th day of June
1846
S S Barnes
113
Sworn before me this 24th day
of July 1846.
Firman Crowell Commissioner of Decd.
The People of the State of New York To Eunice Carpenter of Veteran,
Daniel Carpeter of Elmira, Thomas Carpenter of Big flats Couty of
Chemung Ny, William Carpenter, James Carpenter, Samuel Carpenter, John H
Carpenter (Sarah Barber, Abigail Barber and Thomas Barber of Adrian,
Lenawee co. Michigan, Margaret whose husbands name or residence is not
known children of Polly Barber deceased) Hannah wife of Samuel Whitney
of Shelby, Orleans County Ny, Abigail wife of James Vanhorn of Orleans
County town not known & Richard A. Carpenter of Angelica, Allegany Co.
Ny (send?) greeting.
Whereas John Carpenter of Elmira has lately applied to our Surrogate of
the County of Chemung to have a certain instrument in writing bearing
the date the 16th day of March 1846 purporting to dispose of both Real &
personal Estate duly proved as the last Will & Testament of Benjamin C
Carpenter late of Chemung County. Therefore You and Each of you are
cited and required personally to be and appear before our said Surrogate
at his office in the Village of Elmira on the 30th day of July next at
10 OClock in the forenoon of that day Then and There to attend to the
probate of the said last Will and Testament
SS
In witness whereof the Surrogate of our said County has hereunto Affixed
his seal of Office the 11th day of June 1846
B. B. Payne Surrogate
114
Chemung County
Surrogates Court ss
John Jackson of Elmira, County aforesaid, being duly sworn saith that he
was well aquainted with Benjamin C Carpenter late of the Town of
Veteran, County aforesaid, The Testator in his last Will and Testament
here in court produced and who is now deceased that he saw the said
Benjamin C Carpenter the Testator sign his name to the said Will and
hear him at the same time declare the same to be his last Will and
Testment that Usher H Davy the other subscribing witness was present at
the time the said Testator Executed his said Will as aforesaid that this
deponent and the said Usher H Davy subscribed their names as witnesses
to the Execution of the said Will at the request of the said Testator in
his presence & in the presence of Each other and that the said Testator
at the time he Executed his said Will as aforesaid was of sound mind
Memory and understanding and not under any restrant to the knowledge of
this deponent and compitent as he (consiecived?) to Execute his said
Will
John Jackson
Subscrbed & sworn before me
this 30th day of July 1846
B B Payne Surrogate
Chemung County
Surrogates Court ss
Usher H Davy of the Town of Veteran, County aforesaid, being duly Sworn
saith that he was well aquainted with Benjamin C Carpenter late of the
town of Veteran aforesaid the Testator in his last Will and Testament
here in court produced and who is now deceased that he saw the said
Benjamin C Carpenter the Testator sign his name to the said Will and
hear him at the same time declare the same to be his last Will and
Testament that John Jackson the then subscribing witness was present at
the time the said Testator Executed his said
115
Will as aforesaid that this deponent & the said John Jackson subscribed
their names as witnesses to the Execution of the said Will at the
request of the said Testator at the time he Executed his said Will as
aforesaid was of sound Mind Memory and understanding and not under any
restraint to the knowledge of this deponent and compitent as he
considered to Execute his said Will
Usher H Davy
Subscribed & sworn before me
this 30th day of July 1846
B. B. Payne Surrogate
Chemung County
Surrogates Court ss
John Carpenter of Elmira, County aforesaid, being duly sworn saith that
the said last Will & Testament of Benjamin C Carpenter deceased which is
now here in court produced was delivered to him after the decease of the
said Testator by Eunice Carpenter widow of the said deceasd for the
purpose of delivering to the Surrogate of the County of Chemung for
probate that said Will was Enclosed & Sealed when received and so
(remained?) ??? delivered to the said Surrogate
John Carpenter
Subscribed & sworn before me
this 30th day of July 1846
B B Payne Surrogate
[WILL]
In the name of God, Amen. I, Benjamin C. Carpenter of the Town of
Veteran in the County of Chemung and State of New York being of sound
and disposing mind memory and understanding do hereby make publish and
declare my Last Will and Testament in manner and form following
First I order and direct that my Executors here in after named pay all
my just debts and funeral charges as soon after my decease as
convenently may be
116
Secondly I give and bequeath to my beloved wife Eunice Carpenter all my
personal property for her use and behoof and to be by her dispo??? of
she may see proper, and desire That she shall pay one Equal half of a
certain Bond and Mortgage Executed by me to the heirs of Charles Hulett
Esqr for the sum of Five Hundred dollars. I also Give and Bequeath tomy
wife Eunice Carpenter Seventy Eight acres of the farm on whichI now
reside Beginning at The East line of said Farm and running west far
enough to make the said Seventy Eight Acres together with all the
Buildings and Appintinances Thereunto belonging for her use benefit and
behoof during her natural life.
Thirdly I give and bequeath to John Alexander twenty five Acres of Land
on the West End of the farm on which I now reside Also Seventy Eight
Acres of Timber Lot which is now in Contract from Hiram Gray which I
design to have deeded to John Alexander - Also I Give and bequeath to
John Alexander The Seventy Eight Acres above described as set off for my
wife after her decease he paying one half of the Bond and Mortgage above
named made to the heirs of Charles Hulett for five hundred dollars. Also
to pay to Hiram H. Carpenter three hundred dollars as follows (viz) One
hundred dollars one year after the decease of my wife, One hundred
dollars in two years after her decease & one hundred dollars at Three
years after the decease of my wife.
Fourthly I give and bequeath to Eliza M. Spencer one hundred dollars to
be paid by John Alexander one year after my decease.
Fifthly I give and bequeath to brother Richard A. Carpenter five dollars
also to my brother William Carpenter five dollars aso to Daniel
Carpenter my brother five dollars, also to my brother Samuel Carpenter
five dollars, also to my sister Hannah
117
Whitney five dollars, also to my sister Abigail Van Horn five dollars,
also to my brother James Carpenter five dollars, also to my brother John
H. Carpenter five dollars. The bequests last made to my Brothers &
Sisters to be paid within two years after my decease.
Sixthly I do hereby Nominate and Appoint my Beloved wife Eunice
Carpenter my Executrix and John Carpenter and Stephen Johnson Executors
of this my Last Will and Testament and hereby Expressly revoke all and
Every former will by me made in witness. I have hereunto set my hand and
Seal This Sixteenth day of March in the year of our Lord One Thousand
Eight hundred and forty six.
Signed sealed Published and declared by the Testator to be his Last Will
and Testament in The presence of us who at his request and in his
presence of Each other have subscribed our names
John Jackson of the Town of Elmira Chmg co
Usher H Davy of the Town of Veteran Chemg co
State of New York
Chemung County ss
I, Benajah B Payne, Surrogate of the County of Chemung do hereby certify
that in pursuance of Chapter 6 title 1 Article 1 part 2nd of the Revised
Statutes of the State of New York upon proofs & Examinations taken
before me in the County of Chemung aforesaid on the 30th day of July
1846 by the oaths of John Jackson & Usher H Davy the only subscribing
witnesses to the within Will that the within Will was duly Executed that
the Testator at the time of Executing the same was in all respects
competent to divise real Estate & not under any restraint - And I the
Surrogate aforesaid do further certify that the within Will and the
pr??? thereof are recorded in
118
my office in Book No 2 kept by me for recording Wills and Testaments and
Codicils proved before me on pages from 110 to 118
SS
In Witness whereof I the Surrogate aforesaid have hereunto affixed my
seal of Office at Elmira in the said County of Chemung The 30th day of
July in the year 1846
B B Payne Surrogate
I Benajah B Payne Surrogate of the County of Chemung do hereby Certify
that the within Will has been admitted to probate by me and that probate
thereof was granted on the 30th day of July 1846
B B Payne Surrogate