The last will and testament of Joseph
Allen of the town of Rome in the County of Oneida.
I Joseph Allen aged sixty three years and
upwards being desirous to discharge the duty which every man owes his family
by making such provisions for the distribution of my property, as shall
be just and equitable to make,
publish and declare this my last will
and testament to follow. First, I give unto my wife Mercy, the use during
her life and so long as she shall remain single all my household furniture,
beds, bedding, bedstands and also household goods or furniture and in case
of her marriage or death then I direct that the same be divided equally
according to the then value of
thereof between my two daughters Catharine
Wellman and Rhoda Penfield. Second, I give unto my son Reuben Allen ten
acres of land to be taken off the south ____ of my farm, the remainder
of ____ farm being eighty five acres
______. I give and bequeth unto my
wife Mercy during her life or so long as she shall remain single and at
her decease or marriage I direct that the same be equally divided between
my sons Reuben Allen, Josiah Allen and Philander
Allen Third, I give and bequeth unto my sons
James Allen, Orin Allen, Thorel Allen, Riley Allen and William Allen
and to my daughter Rebecca James each the sum of ten dollars to be ____
in one year from my decease. Fourth, I give unto my daughter Catharine
Wellman and Rhoda Penfield each the sum of one hundred dollars to be paid
____ by Reuben Allen, Josiah Allen and Philander Allen in one year
after the marriage or decease of my wife. Fifth, the remainder of my personal
property consisting of horses, cattle and sheep and farming utensils I
give unto my wife Mercy to be dispensed of as
she shall think proper In witness where of
____ hereunto affix my hand this sixteenth day of
Will book #14 Page 153 Box 6
The Last Will and Testament of Elias R. Allen
of Floyd in the County of Oneida and State of New York.
I Elias R. Allen of Floyd aforesaid, do make
and declare this my last will and Testament in manner and form following
that is to say: First: I direct all my just debts and funeral and Testamentary
Expenses to be paid-
Second I give to my mother Dorcas Allen the
interest and income during her life of all the property which I may leave
at my decease except as hereinafter provided -
Third I give to my niece Jane Allen now living
in my family the sum of one hundred dollars to be paid to her by my Executors
hereinafter named as soon after my decease as conveniently may be.
Fourth: The residue of my Estate both Real
and personal I direct to be divided upon the decease of my mother aforesaid
in three equal parts of which three equal parts I give two to my Executors
hereinafter named in trust to pay over the income thereof annually during
her life to my sister Eliza the wife of Elon Comstock and at her decease
the principal to be and belong to her children her surviving in equal shares
of the remaining one third part I give the one half to my said Executors
in trust to pay over the income thereof annually to my brother William
Allen and at his death the principal thereof to be and belong to his children
him surviving in equal shares the other half of said remaining third part
I give to my brother Lewis M. Allen.
Fifth: I appoint my brother Lewis M. Allen
and my brother in law Elon Comstock to be Executors of this my will and
I empower them in their discretion to sell from time to time and convey
any real estate of which I may ___ _______ and the avails thereof to invest
in security by mortgage on uni ? farming lands worth double the amount
secured and to reinvest the same from time to time as may be necessary
to enable them to carry into effect the provisions of this my will &
I direct them to make & continue similar investment of the personal
property which I may leave at my decease so far as not necessary to pay
debts and money legacies -
In witness whereof I have hereto set my hand
this fifth day of January in the year of our Lord one thousand eight hundred
and fifty five.
Elias R. Allen
Signed, Sealed published & declared by
the above named Testator to be his last will & Testament in the presence
of us who at his request and in his presence and in the presence of each
other have hereto subscribed our names as witnesses -
B.J. Beach of Rome Oneida County Alonzo Denison
of Floyd Oneida County,
State of New York
Oneida County J Othniel S. Williams Surrogate
of said County do hereby certify the_forgoing to be the Record of the last
will & testament of Elias R. Allen deceased & of the proofs and
Examinations taken thereon - Signed Othniel S. Williams
In the Matter of Proving the last Will and
Testament of Elias R. Allen deceased.
To Othniel J. Williams Esquire Surrogate
of the county of Oneida. The Petition of Elon Comstock one of the executors
named in the last Will and Testament of Elias R. Allen late of the town
of Floyd in the county of Oneida, and State of New York, deceased, respectfully
showeth that the said Elias R. Allen died on or about the 11th day of February
1855 at the town of Floyd in the county of Oneida aforesaid, which was
the place of his residence at the time of his death; that the instrument
now presented and shown to your petitioner purporting to be the last will
and testament of the said deceased, and bearing date upon the fifth day
of January 1855 your petitioner verily believes to be such last will and
testament; that the said instrument purporting to be such last will and
testament relates to both real and personal estate, that the same was placed
in the hands of Lewis M Allen also an executor ____ _______ on the 15th
day of Feb. 1855 who has kept the same in his possession from and after
the time he so received the same as aforesaid, until this day, and until
he delivered the same to the Surrogate of the county of Oneida for Probate.
And your petitioner further shows that the deceased left a mother, Dorcas
Allen resident in Floyd Oneida County. William Allen who resides near Fort
Byron - Cayuga County. Lewis M. Allen who resides at Floyd Oneida County,
brothers of said deceased. Eliza Comstock the wife of Elon Comstock who
resides at Watertown in Jefferson County a sister of said deceased. Henry
W. Wilcox of Beloit Wisconsin & Lewis A. Wilcox of Floyd Oneida County
who are children of Eunice Wilcox a deceased sister of said Elias R. Allen.
All of whom are of full age and who are all and the only heirs at law and
next of kin of the said deceased. Your petitioner therefore prays that
a citation may issue to the said heirs at law and next of kin to the said
deceased requiring them to appear before the said Surrogate, at Rome in
the county of Oneida aforesaid, on the third day of April 1855 at 10 o'clock
in the forenoon of that day, to attend the Probate of the said last will
and testament according to the form of the Statutes of the State of New
York, in such case made and provided. And your petitioner, as in duty bound,
will ever pray, & etc.
Dated the 23rd day of February 1855.
STATE OF NEW YORK,
Oneida County Elon Comstock the above named
petitioner being duly sworn upon this oath says that the facts above stated
and set forth in the above petition by him subscribed are set according
to the best of his knowledge and belief.
Subscribed and sworn this 23rd day of February
1855 before me DE Mayer.
Signed Elon Comstock
Last Will and Testament of Orren
I Orren B. Abbott of Oriskany Falls, Oneida
County NY being of sound mind and memory, blessed be God for the same,
do make this my last will and testament in manner and form as follows,
that is to say.
First. I direct my Executors hereinafter
named to pay all of my just debts and funeral expenses.
Second. I do hereby give and bequeath unto
my beloved grand daughter Eva L. Abbott all my personal clothing and all
my household furniture, family stores and all articles around and used
by me in keeping house at the time of my death, to be her absolute property.
Third. I do hereby give and unto my beloved
grand daughter Eva L. Abbott the sum of forty five hundred dollars ($4500.)
to be her absolute property on her arriving at the age of twenty one years.
Fourth. I do hereby give and bequeath unto
my son Adrian O. Abbott, the sum of four thousand ($4000.00) to be his
absolute property and if said son is owing me at the date of my death the
amount so owing is to be deducted from the above legacy.
Fifth. I do hereby give and bequeath unto
my grandson Fred H. Abbott two thousand dollars ($2000.00) to be his absolute
property, and if the said Fred H. Abbott is owing me at the date of my
death, the amount so owing is to be deducted from the above legacy.
Sixth. I do hereby give and bequeath unto
my grand daughter Minnie M. Mathews, the sum of two thousand dollars ($2000.00)
to be her absolute property. In addition to the above bequest I do hereby
request my executors to pay the said Minnie M. Mathews (as she is now the
only heir) what ever balance I may be owing the estate of her mother, the
late Marion L. Mathews as it may appear in my books of accounts at the
date of my death, and said Minnie M. Mathews is to accept this amount as
conclusive. The whole to be safely invested and so much as my Executors
on their own acting shall deem necessary shall be used for her support
and education and the balance remaining shall be paid to her on her arriving
at the age of twenty one years. But if the said Minnie M. Mathews should
die before she arrives at the age of twenty-one years, unmarried and leaving
no children, then the above amount (not as expended) shall go to my son
Adrian O. Abbott and my grand children who may be alive at the date of
her death. Share and share alike.
Seventh. I do hereby give and bequeath unto
the Oriskany Falls Cemetry Association. The sum of fifty-dollars ($50.00)
for the purpose of keeping my lot and the lot of my son Adrian O. Abbott
and my daughter the late Marion L. Mathews lot in proper condition as they
Eighth. All the rest residue and remainder
of my property of whasoever name or nature and wheresoever found shall
be divided as follows, one half to my son Adrian O. Abbott and one half
to my grandchildren living at the date of my death share and share alike
to be their absolute property. But if for some unseen reason there is not
property enough to pay the bequests in this will then each sum of the legatees
are to be paid in proportion to the amount devised to them.
Ninth. I do hereby appoint my son Adrian
O. Abbott of Hudson Mich. And my partner in business Chas. B. Keith to
be my executors with full power to lease, sell and give all necessary papers
for the same. And my executors are to employ such counsil as they may deem
necessary in the settlement of my estate and pay him from the proceeds
of my estate.
Lastly. I do hereby revoke and annul all
and every will or wills by me heretofore made.
In Witness Thereof I Orren B. Abbott the
above named testator have to this my last will and testament set my hand
and seal this fourteenth day of November in the year of Our Lord one thousand
eight-hundred and ninety three.
Orren B. Abbott
Signed, sealed published and declared by
Orren B. Abbott, the above named testator in our presence to be his last
will and testament, who at his request in his presence and in the presence
of each other have hereunto set our names and places of residence as attesting
C. W. Clark residing at Oriskany Falls, NY
C. H. Malow? “ “
State of New York
County of Oneida
Be it Remembered, That on the 4th day of
September 1894, at a Surrogate’s Court, held in and for the County of Oneida
within the Last Will of Orren B. Abbott late of the town of Augusta in
said County, deceased, was upon due proof admitted to probate as a will
valid to pass real and personal proerty.
In Testimony Whereof, I have hereunto set
my hand, and affixed the seal of said Court; at the City of Utica; on this
4th day of September A.D. 1894.