Gardner, widow of Benjamin H. Gardner, deceased of the town of Floyd
in the county of Oneida & State of New York, aged eighty five
years, and being of sound mind and memory do make, publish, and declare
this my last will and testament, in manner following that is to say,
FIRST, I give and bequeath to my son Daniel Gardner of Floyd, aforesaid,
eight acres of land off from the southerly end of the lot be-longing
to the homestead farm of the said Benjamin H. Gardner. (which farm I own
by virtue of the said Benjamin's last will and testament dated December
13, 1856.) in Floyd aforesaid which lies between the public highway and
land now owned by said Daniel . On the south of which his land of David
Carpenter, the Northerly bounds of which said eight acres, is to be parallel
with the line of said southerly end. SECOND I give & bequeath
to Robert B. Hutchinson, Alvira L. Hutchinson, John Hutchinson, Morris
W. Hutchinson, Alcesta H. Hutchinson and Amos A. Hutchinson, children and
heirs at law of my daughter Sarah N. Hutchinson, deceased, to be equally
divided between them twelve acres of land off of said homestead farm lying
on the westerly side of said farm from the land of David G. Carpenter on
the southerly side of the same farm, to where the old fence next to the
woods stood several years ago, and to be of sufficient width to contain
said twelve acres; to have and to hold the same to them, their heirs and
assigns forever. THIRD I further give and devise to my said son, Daniel
Gardner, all the land of said homestead farm which lies between his present
land & the land hereby bequeathed to the above named children and heirs
of said Alcesta, up to the fence on the flats between the meadow and woods
on said farm to have and to hold the same to him, his heirs, &
assigns forever and to have and hold the eight acres first above bequeathed
to him, to him, his heirs and assigns forever. FOURTH I give,
devise and bequeath to my daughter Harriet P. Gardner of Floyd aforesaid
all the land belonging to said homestead farm which lies on the northerly
side of the same from the south side of the spring book along the fence
of said David Gardner and extending in line with said fence to the Putney
field creek and then crossing the creek to up where the old fence
was on said farm and from there northerly to Moses Kent's line and
from thence in the northerly side of said farm to the road, to have and
to hold the same to her, her heirs and assigns forever. FIFTH I give and
devise to my son David Gardner of Floyd aforesaid all the rest and residue
of my real estate, belonging to said home-stead
farm to have and to hold the same to him, his heirs, & assigns forever.
SIXTH AND LASTLY I give and devise to my said daughter, Harriet, all my
personal properly and estate of every name and kind whatsoever to
have and to hold the same to her, 'her heirs and assigns forever. And I
do hereby appoint my said son, Daniel Gardner sole executor
of this my last will and testament, hereby revoking all former wills
(if any) by me made. And it is my further will and desire and so I give
and bequeath that my said daughter Harriet have the full use and
occupation of said homestead farm for her sole benefit for a period of
one year next after my decease. In of July,
1875. whereof I have herunto set my hand and seal this 14th day
In the name of God, Amen. I Benjamin
H. Gardner of the town of Floyd, County of Oneida, State of New York,
being of sound mind and memory and considering the uncertainty of this
frail and transisitory life, do therefore make, ordain, publish,
and declare this to be my last will and testament, that is to say.
First of all, after all my lawful debts are paid and discharged, the residue
of my estate real and personal I give, bequeath, and dispose of as
follows, to wit: To my well beloved wife, Lois, the land and appurtenances
situated in the towns of Floyd and Rome known as the farm on which
I have lived for many years and is my present homestead, for and during
the term of her natural life excepting therefrom so much of said
farm as lies easterly of the present highway leading past my house, being
about eleven acres of land which area I give and bequeath to my daughter
Harriet, more or less. Secondly, I give and bequeath to my sons, Daniel,
Frederick, and David and my daughters, Mary Carpenter, Sara Narcissa Hutchinson,
severally one acre. Thirdly, I give and bequeath and devise all the rest
--------and remainder of real and personal estate to my wife Lois for and
during her lifetime, with flill power to hold and occupy so long as she
lives. And at her decease, the land and personal property is to be divided
among our children as named, share and share alike. Likewise, I make,
constitute and appoint my wife Lois, and her only to be executrix of this
my last will and testament, hereby revoking all former wills by me
made. In witness whereof I have hereunto subscribed my name and affixed
my seal this 13th day of December in the year of our Lord, 1856.
Signed Benjamin H. Gardner Witnesses: E.W. Wright of Rome S.W. Mudge
– Clinton, Oneida NY Surrogate's Court
Last Will and Testament of John Green
Witness by Ezra CLARK and Delos WHITE
Pages 439-440, May 26, 1873
Executed on May 6, 1876
The last will and testament of John GREEN
of the Town of Kirkland in the County of Oneida and State of New York.
I John Green of Kirkland aforesaid being
of sound mind and memory blessed be God for the same but conscious of the
uncertainty of human life do make publish and declare this to be my last
will & testament in manner and form following that is to say.
First, I direct all my just debts and funeral
charges to be paid
Second, all the rest residue and remains
of my estate of every name and nature, and where so ever situated. Thereby
give, liquidate and devise to my dearly beloved wife Eunice GREEN to have
an hold as she may desire.
Third, If my wife leaves any of my estate
unspendid after paying her just debts and funeral charges. I give and bequeath
out of said estate so unspendid by my wife unto my daughter Mary Ann TARBOX
the sum of one hundred dollars and the balance & remainder of my estate
so left at my wifes death after paying said one hundred dollars which shall
be a lien upon the property so left I hereby give, bequeath and devise
the same to my son Edward C GREEN.
Fourth, I hereby appoint my said wife sole
executor of this my last will and testament and authorize her to mortgage
or sell my real estate as she may desire and to execute all such mortgage
contracts and deeds as she deems best and I direct that no inventory is
made of my estate and that my wife shall give no security as executor and
be accountable to no court or person as to the management or disposition
of my estate and she is under no restriction in reference to the use and
disposition of the same except that she can not dispose of the same by
a last will and testament.
In witness where of I have here unto set
my hand and offered my seal this 26th of May one thousand eight hundred
and seventy three.
Signed, sealed, published and declared by
the testator John GREEN to be his last will and testament in presence of
us who at his request in his presence and in the presence of each other
have subscribed our names here unto as attending witnesses.
May 26, 1873 Delos M WHITE Clinton, Oneida
Co N.Y. Ezra CLARK Kirkland, Oneida Co N.Y.
State of New York County of Oneida
Joseph S AVERY surrogate at of said county
herby certify the foregoing to be the record of the last will and testament
of John GREEN and the proofs and representations to him there on.
Joseph S AVERY surrogate
Transcribed by Bob Green on Nov. 1, 2001
– Clinton, Oneida NY Surrogate's Court
Last Will and Testament of George Green
Witness by Delos WHITE and Charles H GOODFELLOW
Pages 153-155, May 14, 1883
Executed on May 11, 1891
I George GREEN of the Town of Kirkland, County
of Oneida and State of New York, being of sound disposing mind, memory
and understanding, do here by make, publish and declare this to be my last
will and testament, in manner following.
First, I order and direct my executors herein
after named, to pay all my just debts, if any, and funeral expenses as
soon xxxxxxx after my decease as conveniently may be.
Second, I give, devise and bequeath unto
my beloved wife Waity GREEN the use and income there from, for and during
the time of her natural life of my homestead farm on which I now reside,
containing about fifty acres of land including also the house next ___
of my dwelling together with all my household furniture, Piano, farming
utensils, live stock and tools, carriages and wagons and all articles of
personal property in and about my house and farm commonly used in keeping
house and conducting the business of the farm also about six acres of wood
land being a part of my forty acre lot (so-called) it being my intention
to sell the balance of said lot retaining only the woodland from which
she shall have necessary fuel for her use and timber for repairs and the
interest on one thousand dollars, this principal of which secure
my executors and Trustee are to keep invested for that purpose, my said
wife to have the control and management of said property (except the $1000)
during such life use and to keep the buildings insured, to pay taxes and
insurance and make necessary repairs.
The forgoing provisions for my said wife
is in lieu of ___ and statute exemptions in my estate.
Third, I give a bequeath to my grandson Charlie
GREEN, child of my son George H GREEN, my piano, to be delivered to him
after the decease of my wife and the receipt of his failure therefore shall
be a release to my executors for the same in case said Charlie shall not
be of age of 21 years.
Fourth, I give and bequeath to the trustees
of the Clinton Cemetery Association, three hundred dollars to be kept in
securely invested by them and the income there from to be expended in properly
caring for my lot and monument in the Clinton Cemetery.
Fifth, All the rest, residue and remainder
of my property, real and personal of every manner and nature, I give, devise
and bequeath unto my six children in the manner following, viz.
To my daughter, Mary BURCH, Abby C
TROWBRIDGE, Emma GRUMAN, Susan HART, and Helen WHITE each the sum of two
thousand dollars ($2000) which said several legacies are to be paid before
the distribution to all of my children, I having already advanced to my
son George H GREEN an amount equal to $2000 and the balance of said rest,
residue and remainder of my said property to be equally divided between
my said daughters and my said son George H GREEN, share and share alike,
and in the event of the decease of any of my said children, leaving no
descendents, the share of the one or ones dying to go to my other children
equally and in case of the death of any of my said children leaving or
child or children, then such child or children shall take the share to
which the parent would have been entitled if living.
And provide further, that if at my
death any of my said children living shall have no descendents, they shall
have only the use and income of their respective shares, and I order and
direct my executors and trustees to invest such shares, and annually or
as often as they receive the interest thereon to pay the same over to them
and if they leave no descendents at their decease, to pay over and distribute
the principal among and to my other children or grandchildren as above
expressed in the clauses of my will ___ if any children shall be born to
them, then they shall receive their shares in the same manner as my other
Sixth, If any of the legates & ___ under
this my will shall not be satisfied with its provisions for them, and shall
cause any litigation to my estate, he, she, or they shall receive no part
or portion of my property and estate, and their share shall go to the other
legates and ___ as herein set forth.
Seventh, I hereby nominate, constitute and
appoint my sons-in-law, George E TROWBRIDGE and Addison WHITE executors
and trustees of this my last will and testament, giving them full power
and authority to sell and dispose of my real estate and give all necessary
contracts, deeds and conveyance therefore, ___ the same shall not be sold
during the life of my said wife.
The witness hereof I here unto set
my hand and seal this fourteenth day of May in the year one thousand eight
hundred and eighty-three.
The words “carriages and wagons” underlined
on first page and erasure made in fourth line, forth page, before execution.
Signed, sealed, published and declared by
the testator George GREEN to be his last will and testament, in presence
of us who at his request in his presence and in the presence of each other
here unto subscribe our names as attesting witnesses, this 14th day of
Delos M WHITE, Clinton, Oneida Co. N.Y. Charles
H GOODFELLOW, Clinton, Oneida Co. N.Y.
State of New York County of Oneida Surrogates
Be it remembered, that on this 11th
day of May, 1891, at the surrogates court, held in the county of Oneida,
the _ture last will of George GREEN, late of the town of Kirkland in said
county, deceased, was upon due proof admitted to probate as a will valid
to pass real and personal property.
The Testimony hereof, I have set my
hand and affixed my seal of said court, at the city of Utica, on this 11th
day of May AD 1891.
William H BRIGHT Surrogate
Transcribed by Bob Green on Nov. 1, 2001