LAST WILL AND TESTAMENT LATHAM DENISON  1847 - ROME, NY

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At a Surrogate’s court held at the Surrogate’s office in Rome, in the County of Oneida on the 7th day of Dec. AD 1847 before _____ S. Williams Esq. Surrogate of the said county for the purpose of proving and recording the last will and testament of Latham Denison late of the town of Floyd in the county of Oneida deceased in pursuance of chapter Sixth, title first, article first part second of the Revised Statute of the State of NY and of an act entitled, "An Act Concerning the Proof of Wills, Executors and Administrators, Guardians and Wards and Surrogate Courts" ___ May 16, 1837 on the application of Alonzo Denison and George Denison in said Will named as Executors Thomas Dugan being duly sworn and examined in open court testified that he was well acquainted with Latham Denison deceased and had been for the last 20 years immediately preceding his death, that he died in the year last past at Floyd in the county of Oneida as he supposes which was his last place of residence at the time of
his death; that he saw the said testator sign the paper here offered to be proved, recorded, and admitted to probate as the Last Will and Testament of the said Latham Denison deceased on the day the same bears date (the seal having been previously affixed) that this deponent signed the same, at the same time as a subscribing witness in the presence of the testator and
the presence of Henry Hayden and Calvin B. Gay who also at the

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time signed the same as subscribing witnesses, in the presence of the Testator and in the presence of this deponent, and in the presence of each other; and this deponent further says that the said Testator at the time he so signed the same as aforesaid, was of sound and disposing mind and memory of full age and not under restraint, and capable of devising real and personal estate.  Mr. Gay requested me in presence of Testator to witness his will. This was the paper which Mr. Gay said was Testators will, the will is the hand writing of C. B. Gay. Isaac Tripp appearing for Henderson Tripp cross examined the witness I do not recollect any thing in particular which Mr. Denison said. "Gay asked me if I was acquainted with Mr. Denison. I said I was.
"And Gay then said he wished me to witness his will - The certificate "of the witnesses was above ____ names but I do not recollect whether it was read. 
         Thomas Dugan (?)

Henry Hayden being duly sworn and examined in open court, testified that he was well acquainted with Latham Denison deceased and had been for the last 2 years immediately preceding his death; that he died in the year last past at Floyd, in the county of Oneida, which was his last place of residence at the time of his death, that he saw the said Testator sign the paper here offered to be proved, recorded and admitted to probate as the last Will and Testament of the said Latham Denison deceased, as it now appears (the seal having been previously affixed) that this deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at the request of Calvin B. Gay in the presence of the Testator and in the presence of Thomas Dugan and Calvin B. Gay were also at the same time signed the same as subscribing witness in the presence of the Testator, and at the like request and in the presence of this deponent, and in the presence of each other ___
said Testator at the time he so signed the said will.  ____ and then in the presence of this deponent, and in the presence of the other sub- scribing witnesses said he was sorry to trouble us.  And this deponent further says that "the said Testator at the time he so signed ____ and declared the same as aforesaid, was of sound and disposing mind and memory, of full age, and not under restraints and capable of devising real and personal estate. no person was present at the execution of the will except Testator and Witnesses.
                                                        Henry Hayden

Thomas Fuller, being duly sworn and examined in open court testified that he was well acquainted with Latham Denison deceased and had been for the last 35 years immediately preceding his death, that he died in the month of October last part at Floyd in the county of Oneida which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered to be proved, recorded and admitted to probate as a ___ to the last Will and Testament of the said Latham Denison deceased on the day the same bears date (the seal having been previously affixed) that his deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at the request of Harvey Brayton and in the presence of Thomas Hughes and Harvey Brayton who also at the same time

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signed the same as subscribing witness in the presence of the Testator and at the like request and in the presence of the deponent and in the presence of each other that the said Testator at the time he so signed the said will, then and there, in the presence of the deponent and in the presence of the other subscribing witnesses published and declared the same as and for his last Will and Testament for. the purposes therein contained.  And this deponent further says that the said Testator at the time he so signed, published and declared the same as aforesaid was of sound and disposing mind and memory of full age and not under restraint and capable of devising real and personal estate.       I don’t recollect whether he used the word ___ - cross-examined - no persons were present at its execution Save the Testator and witnesses it was done 5 or 6 days before his death, he was pretty sick, got up himself and signed - Mr. Brayton told me where to sign my name and requested me to sign in pres-
ence of Testator.
                                                                              Thomas Fuller

Harvey Brayton being duly sworn and examined in open court testified that he was well acquainted with Latham Denison
deceased; and had been for the last twenty years immediately preceding his death; that he died in the month of October last past at Floyd in the county of Oneida which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered to be proved, recorded, and admitted to probate as a Codicil to the last Will and Testament of the said Latham Denison deceased on the day the same bears date (the seal having been previously affixed) that this deponent signed the same, at the same time as a subscribing witness in the presence of the Testator, and at his request, and in the presence of Thomas Fuller and Thomas H. Hughes who also at the same time signed the same as subscribing witnesses, in the presence of the Testator, and at his request, and in the presence of this deponent, and in the presence of each other, that the said Testator at the time he so signed the said Codicil to the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witnesses published and declared the same as and for a codicil to his last will and Testament, and this deponent further says that the said Testator at the time he so signed, published and declared the same as aforesaid was of sound and disposing mind and memory, of full age, and not under restraint, and capable of devising real and personal estate ______  Codicil is my hand writing.
                                                                                     Harvey Brayton

George T. Denison being duly sworn said that the Will and Codicil in question was formed by my sister among the Testators papers by her _____?heir? and delivered to me and my ____ opened and read it and the next day brought it to the Surrogate for probate.  This was some weeks or mos ?after his death ____ was produced before Surrogate ______ I knew nothing of the drawing of the Will.  I was present at the Execution of the Codicil.  Testator my father, requested me to  ?get  Mr. Brayton to draw the codicil.  I mentioned his name and he came and wrote? it.  I saw him writing and when I came in he was about half done I heard Testator admit that he signed the Codicil at the date of it.  He was

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qualified to transact business.  His disease was an affliction of the liver. I saw the will and Codicil attached after the Codicil was finished. All folded and laid away in the envelope  now produced.
                                                                           George T. Denison

The foregoing proofs and examinations taken before me, the Surrogate aforesaid, at the time and place first mentioned and the depositions of the respective witnesses, were by them respectively subscribed after having been carefully read over to them, And I, the said Surrogate, being satisfied upon the said proof taken that the said will is genuine and valid and was duly executed that the said testator at the time of personal estate, and not under restraint, do therefore, allow the said Will to be admitted to probate as a will of real and personal estate, and the said will, proofs and examinations, to be recorded.  Witnesses, Othniel S. Williams,  Surrogate aforesaid, the day and year first aforesaid.
                                                                O.S. Williams    Surrogate

The last Will and Testament of Latham Denison of the Town of Floyd, in the County of Oneida and State of New York
I, Latham Denison, considering the uncertainty of this mortal life and being of sound mind and memory (blessed be Almighty
God for the same) do make, publish and declare this my last Will and Testament in manner and form following that is to say

First - I direct that my Executors hereinafter named pay all my just debts and funeral charges as soon as convenient after my
decease and erect a suitable set of monuments at my grave.

Second - I give and bequeath unto my son George T. Denison the one seventh part of all my estate real and personal at my decease in trust and for the benefit equally of the children of my daughter Theresa Martin wife of David Martin, and I direct him in the discharge of that trust to pay to such of the children of the said Theresa as shall be of full age at my decease or their lawful issue such portion of the said seventh part of my estate real and personal as soon as the same shall have been ascertained and converted into money, as shall fall to them, and the residue of the said seventh [art to invest and accumulate _______ each one of the remaining children of the said Theresa shall respectively receive his or her share at the age of 21 years with the interest
and accumulation thereof.

Third - I give and bequeath unto Rhoda Martin my daughter wife of Alfred Martin  and to her heirs forever one seventh part of all the estate real and personal of which I may die seized or possessed or to which I may be entitled at the time of my decease.

Fourth - I give and bequeath unto my son Alonzo Denison and to his heirs and assigns forever one seventh part of all the real and personal estate of which I may die seized or possessed or to which I may be entitled at my decease.

Fifth - I give and bequeath unto my daughter Pedy Cole wife of  Lanson Cole and to her heirs and assigns forever one seventh part of all the real and personal estate of which I may die seized or possessed or to which I may be entitled at my decease.

Sixth - I give and bequeath unto my son George T. Denison and to his heirs and assigns

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forever one seventh part of all the real and personal estate of which I may die seized or possessed or to which I may be entitled at my decease.

Seventh - I give and bequeath unto George T. Denison one seventh part of all the real and personal estate of which I may die seized or possessed or to which I may be entitled at my decease in trust and upon the following liabilities on trust and for the benefit of my daughter Angeline Tripp wife of Henderson Tripp for and during her natural life - to be by him invested in good bonds and mortgages on unencumbered real estate in the County of Oneida with the lawful sale of interest payable semi annually and to pay said interest over to her personally semi annually during her natural life and at her decease to pay the whole of said remainder of said trust estate to the lawful heirs of the said Angeline Tripp in equal portions according to their numbers or he may pay the whole of their share over to her upon her written request as so direct in this my last Will and Testament.

Eighth - I give and bequeath unto Wellington Denison my son and to his heirs and assigns forever one seventh part of all the real and personal estate of which I may die seized or possessed or to which I may be entitled at my decease.

Ninth - I will and ordain that the Executors of this my last Will and Testament or the survivors of them or their Executors for and toward the performance of my said Testament, shall with all convenient speed after my decease bargain sell and alien on fee simple all lands belonging to me unsold and for the doing, executing and perfect finishing whereof as well those unsold as those contracted and bargained by me  I do by these presents give to my said Executors and the survivor of them or their Executors full power and authority to grant alien bargain sell, convey and assure all the contracted or bargained to any person or persons and their heirs forever in on?  simple or by such title as I hold the same by all and every such lawful ways and means in the law as to my said Executors or to their counsel learned in the law shall see fit and necessary.

Tenth - And I further direct that my Executors as soon as they convenient- ly can after my decease without sacrifice convert all my Estate real and personal into money or money securities and make the division to my heirs respectively as herein declared and execute the duty and the trust  __volving upon them and the trustee herein named according to the ____ of my Last Will and Testament herewith set forth

Lastly - I hereby constitute and appoint my sons George T. Denison and Alonzo Denison my Executors of this my Last Will and Testament hereby revoking all forms, wills and Codicils by me made.

                     In witness whereof I have hereunto set my hand and seal the eighth
                     day of September in the year of our Lord one thousand eight hun-
                     dred and forty six.
                                                                     Latham Denison

The above instrument consisting of one sheet was now here subscribed by Latham Denison the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request in the presence of each other and the testator sign our names hereto as attesting witnesses.

Thomas  Dugan   Rome        Henry Hayden   Rome       Calvin B.Gay   Rome

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Whereas I Latham Denison of Floyd in the County of Oneida and State of New York have made my last Will and testament in writing bearing date the 8th day of September one thousand eight hundred and forty six. Now I do by this my writing which I hereby declare to be a codicil to my said will to be taken as a part thereof hereby will and direct that my executors mentioned in my said last Will and Testament do sell dispose of and convey all lands belonging tome at the time of my decease which have not been bequeathed, divided or directed to be sold in and by my said Last Will and Testament and that the avails or proceeds of such sale and conveyance I do hereby direct and require my said Executors to pay to my heirs mentioned in my said Last Will and Testament in equal sums or amounts to each my daughter Theresa Martin wife of David Martin not being included
either in my will or this my Codicil. And lastly it is my desire that this my present Codicil be annexed to and made a part of my Last Will and Testament to all intents and ]purposes.  In witness whereof I have hereunto set my hand and seal this thirteenth
day of September in the year of our Lord one thousand eight hundred and forty seven.
Latham Denison

Signed Sealed published and declared by the above named Latham Denison as a Codicil to be annexed to his said last Will and testament in the presence of us who have hereunto subscribed our names as witnesses and in the presence of the testator

Thomas Fuller  of Floyd
Thomas H. Hughes  of Floyd
Hervey Brayton  of Western

State of New York
Oneida County   S. Othmiel?  S. William Surrogate of the said
                         County do hereby certify the foregoing to be the record of the last will and testament and a codicil annexed thereto of Latham Denison Deceased and of the proofs and examinations taken thereon.
Othmiel? S. Williams  Surrogate