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Frederick B. Nichols
Last Will and Testament of Frederick B. Nichols
         At a Surrogates Court held at the Surrogate Offices at Bay--Hotel in the city of Utica on the 30th day of January A.D. 1844 before John Sykes Esquire Surrogate of the said county for the purpose of proving and recording the last Will and Testament of Frederick B Nichols late of the town of Marshall in the county of Oneida deceased, in pursuant of Chapter Sixth title first Article first part second of the Revised Statutes of the State of New York! And of an act entitled "An act concerning the proof of Wills, Execution, and Administration, Guardians and Wards and Surrogates Court passed May 16, 1837 on the applications David Nichols Executor in said will named. Henry L. Hawley of the town of Marshall Oneida County being duly sworn and examined in Court testified that he was well acquainted with Frederick B
Nichols deceased and had been for the last eighteen years immediately preceeding his death that he died in the month of December last past at Marshall 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 Frederick B Nichols deceased on the day the same bears (the seal having been previously affixed) that the deponent signed the same at the same time as a subscribing witness in the presence of David L. 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 will then and there in the presence of the deponent and in the presence of the other subscribing witness published and declared the same as and for 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 deposing real and personal estate
Henry L. Hawley /s/
David L Barton of Marshall aforesaid being duly sworn and examined in Court testified that he was well acquainted with Frederick B Nichols deceased and had been for the last eighteen years immediately preceeding his death that he died in the month of December last past at Marshall 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 Frederick B Nichols deceased on the day the same bears (the seal having been previously affixed) that the deponent signed the same at the same time as a subscribing witness in the presence of Henry L Hawley and Frederick Frost 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 will then and there in the presence of the deponent and in the presence of the other subscribing witness published and declared the same as and for 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 deposing real and personal state
David L. Barton /s/
Frederick Frost of Marshall aforesaid being duly sworn and examined in Court testified that he was well acquainted with Frederick B Nichols deceased and had been for the last eighteen years immediately preceeding his death that he died in the month of December last past at Marshall 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 Frederick B Nichols deceased on the day the same bears (the seal having been previously affixed) that the deponent signed the same at
the same time as a subscribing witness in the presence of Henry L Hawley and David L Barton 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 will then and there in the presence of the deponent and in the presence of the other subscribing witness published and declared the same as and for 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 deposing real and personal estate
Frederick Frost /s/
The foregoing proofs and nominations 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; and the said Testator at the time of executing the same was in all respects competent to devise Real and personal Estate, and not under restraint do therefore allow the said will to be admitted to probate and the said will proofs and examinations to be recorded  witness JohnSykes
Surrogate aforesaid the day and year first aforesaid.
Surrogate In the name of God Amen, I Frederick B Nichols of Marshall Oneida County New york being of sound mind and memory do make and publish this my
last will and testament in manner and form following viz: First I will that all my property both real and personal except such as is herein otherwise disposed of be sold as soon as may be under the direction of my Executor hereafter named. Second I will and bequeath to my wife Maria all my household furniture except my first wifes best bed and inc half her bedding my traveling trunk and my dish; and from the avails of my property sold as above directed. I will and bequeath to my said wife one third part of all the said avails of said property, said household furniture to be included. Third I will and bequeath to my son Samuel L. my first wifes best bed and
one half the bedding and my traveling trunk and the sum of two thousand dollars, the money to be put out at interest until he becomes of age. Fourth I give and bequeath  to my brother David my desk. Fifth I give and bequeath to my daughter Mary the remainder of all my property. And I hereby appoint my brother David Nichols administrator and my wife Maria Administratix of this my last will and testament hereby revoking all other wills by me made. In witness whereof I have hereunto set my hand and seal the seventh day of December in the year of our Lord one thousand eight hundred and forty three.
F. B. Nichols L.S.
Signed sealed published and declared by the said Frederick B Nichols to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and in the presence of each other
Henry L Hawley /s/ of the Town of Marshall
David L Barton /s/ of the Town of Marshall
Frederick Frost /s/ of the Town of Marshall
State of New York
Oneida County, SS     I John Sykes Surrogate of the County of Oneida Surrogates Office do hereby certify the foregoing to be the record of the last will and testament of Frederick B Nichols deceased and the proofs and examinations to be taken thereon
John  Sykes Surrogate
Doug Boyer dboyer@citynet.net


Mary M. Nichols
Last Will and Testament of Mary M. Nichols At a Surrogate's Court, held at the Surrogate's Office in Utica in the County of Oneida on the 25 day of June A. D., 1867, before Joseph S Avery by M Nichols late of the town of Marshall in the County of Oneida deceased, in persuance of chapter sixth, title first, article first, part second
of the Revised Statutes of the State of New York, and of an Act intitled "An act concerning the People of Wills, Executives and Adminisrators, Guardians and Wards, and Surrogate's Courts," passed May 16, 1837," and other Acts concerning the same, on the application of Franklin Page in said Will named executor. Andrew J. Ketchum being duly sworn and examined in open Court, testified that he was well acquainted with Mary M. Nichols deceased, and had been for the last 2 years immediately preceeding her death; that she died in the month of May last past, at Marshall in the county of Oneida which was her last place of residence at the time of her 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 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 her request, and in the presence of Edward D. Buckingham who also at the same time signed the same, as subscribing
witness in the presence of the Testatrix and at her request, and in the presence of this deponent that the said Testatrix at the time he so signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same, as and for her last Will and Testament, and this deponent further says that the said Testatrix at the time she so signed, published and declared the same as aforesaid, was of sound and isposing mind and memory, and of full age and not under restraint, and competent to devise real estate.
Andrew  J. Ketchum /s/
and thereupon the further hearing of said matter was adjourned on the 27 day of June 1867 at 10 o'clock, a.m. at  at which time and place Edward D. Buckingham being duly sworn and examined in open Court, testified that he was well acquainted with Mary M. Nichols deceased, and had been for the last 2 years immediately preceeding her death; that she died in the month of May last past, at Marshall in the county of Oneida which was her last place of residence at the time of her 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 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 her request, and in the presence of Andrew J. Ketchum who also at the same time signed the same, as subscribing witness in the presence of the Testatrix and at her request, and in the presence of this deponent that the said Testatrix at the time he so signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same, as and for her last Will and Testament, and this deponent further says that the said Testatrix at the time she so signed, published and declared the same as aforesaid, was of sound and disposing mind and memory, and of
full age and not under restraint, and competent to devise real estate.
Edward D. Buckingham /s/
The foregoing proofs and examinations having been taken before me, the Surrogate aforesaid, at the time and place above mentioned, and the depositions of the respective witnesses having been by them respectively subscribed after having been carefully read over to them. I the said Surrogate, being satisfied upon the said proofs and examinations taken, that the said Will is genuine and valid, and was duly executed and the said Testatrix 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 to be admitted to probate as a Will of real and personal estate
and the said Will, proofs, and examinations to be recorded.
Witness, Joseph S. Avery Surrogate as aforesaid, the 27th day of June 1867
Joseph S. Avery /s/
Surrogate
In the name of God Amen, I, Mary M. Nichols of the town of Marshall the County of Oneida and the State of New York of the age of twenty four 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 Kate L Ellsworth my Piano Forte and my watch and chains
Second I give and bequeath to Margaretta C page my clothes jewelry etc to dispose of as she sees fit.
Thirdly I give and bequeath for the interests of the church one hundred dollars.
Fourthly, I give and bequeath to my half brother S. S. Nichols one hundred dollars.
Lastly I give and bequeath all the residue and remainder of my personal estate goods and chattels to my cousin Franklin Page whom I hereby appoint sole executors of this my last will and testament.  In witness whereof I have hereunto set my hand and seal this nineteenth day of February in the year of our Lord one thousand eight
hundred and sixty seven.
Mary M. Nichols L.S.
The above instrument consisting of two pages was at the date thereof signed sealed published and declared by the same Mary M. Nichols as for her last will and testament in presence of us who at her request and in her presence and in the presence of each other have subscribed our names as witnesses thereto.
Edward D. Buckingham residing at Utica Oneida Co. N.Y.
Andrew J Ketchum residing at Utica Oneida Co. N.Y.
State of New York
County of Oneida
I Joseph S. Avery Surrogate of the said county do hereby certify the foregoing to be the record of the last will and testament of Mary M. Nichols deceased and the proofs and examinations taken therein
Joseph S. Avery /s/
Surrogate
Doug Boyer dboyer@citynet.net