WILL: John Benedict; Groton, Tompkins co., NY
surname: Benedict, Byington

submitted by Sharon Jones (sharon.jones34 @ gte.net)
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Tompkins co NY Will Book Vol. E page 299
Written: 17 Mar 1846
Probated: 4 Apr 1846

The following is the last Will & Teastament along with the proofs of John
Benedict from Book E, page 299-303 found at the County Courthouse in Ithaca,
NY. Thanks to Ken Chapman for retrieving them.

At a Surrogate Court held for the county of Tompkins at the office of the
Surrogate of said county in the Village of Ithaca on the fourth day of April
in the year 1846;

Present Geo. G. Freer Surrogate;
Albert G. Benedict sole executor named in the last will and testament of John
Benedict late of the town of Groton in said county deceased appeared for the
purpose of proving and having the said will recorded according to law and made
satisfactory proof that a citation had been served according to law on all the
heirs of the said deceased. An instrument purporting to be the last will and
testament of John Benedict bearing date the seventeenth day of March in the
year 1846 was produced in court and shown to each of the persons sworn as
witnesses as herein after mentioned; which said instrument in writing is in
the words and figures following, to-wit:

The last will and testament of John Benedict of Groton in the County of
Tompkins and State of New York - 

I John Benedict considering the uncertainty of human life and being of sound
mind and memory, do make and subscribe this my last will and testament in
manner and form following that is to say

First, my will is and I hereby ordain and declare that my debts and funeral
charges and expenses be well and truely paid and I further direct and my will
is that the following disposition of my real & personal estate be made to wit 

I give and bequeath to my son Albert G Benedict all my real and personal
estate subject to the several payments to be by him made of the bequest herein
after mentioned to the devises likewise herein named. I give and bequeath to
my wife Susan Benedict one thousand dollars in lieu of her right of dower and
that as a part of the said sum of one thousand dollars I give her all the
furniture she brought to my residence at the time of her coming to live with
me and likewise such other of my household goods as I bought after she came to
live with me, and I further give to my wife Susan the use and occupation of
the dwelling house and garden where I now reside, during her natural life
provided she chooses to remain and occupy the same, and I further direct, the
she have twenty bushels of apples annually from those that may grow in the
orchard on the farm on which I now live. 

I give and bequeath to my daughter Emeline Byington a certain mortgage I now
hold of a piece of land on lot number 99 in the town of Groton which mortgage
was executed by Horace Baker on which is now due thirteen hundred dollars be
the same more of less -----

I give and bequeath unto my granddaughter Harriet Byington one hundred dollars 

And I hereby constitiute and appoint Albert G Benedict sole executor of this
my last will and testament hereby revoking all former wills by me made.
In testimony whereof I have hereunto set my hand and seal this seventeenth day
of March in the year of our Lord one thousand eight hundred and forty six.
John Benedict

The above instrument consisting of one sheet was now here subscribed by John
Benedict 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 sign our names
hereto as attesting witnesses.
Alpheuas West residing in Groton
Silas N Hall residing in Groton
Charles D Hart residing in Groton

Charles D Hart of the town of Groton in the county of Tompkins being first
duly sworn deposeth and saith; the he was acquainted with the above mentioned
John Benedict deceased in his lifetime that he saw the said John Benedict
deceased subscribe the instrument at the end thereof now shown to this
deponent purporting to be the last will and testament of the said John
Benedict and above described; that he heard the said John Benedict declare the
same to be his last will and testament; that this deponent subscribed his name
as a witness thereto in the presence and at the request of the said John
Benedict; that the said John Benedict was at the time in the opinion and
belief of this deponent of sound mind and memory and not under any restraint;
and that he was about 65 years of age; that he died on or about the 18th day
of March in the year 1846 and was resident of the town of Groton in the county
of Tompkins at the time of his death.
Charles D Hart
Subscribed and sworn this 4th day of April 1846 before me Geo G Freer
Surrogate

Silas N Hall of the town of Groton in the county of Tompkins being first duly
sworn deposeth and saith; the he was acquainted with the above mentioned John
Benedict deceased in his lifetime; that he saw the said John Benedict deceased
subscribe the instrument at the end thereof now shown to this deponent
purporting to be the last will and testament of the said John Benedict and
above described; that he heard the said John Benedict declare the same to be
his last will and testament; that this deponent subscribed his name as a
witness thereto in the presence and at the request of the said John Benedict;
that the said John Benedict was at the time in the opinion and belief of this
deponent of sound mind and memory and not under any restraint; and that he was
about 65 years of age; that he died on or about the 18th day of March in the
year 1846 and was resident of the town of Groton in the county of Tompkins at
the time of his death.
S N Hall
Subscribed and sworn this 4th day of April 1846 before me Geo G Freer
Surrogate

Alpheus West of the town of Groton in the county of Tompkins being first duly
sworn deposeth and saith; the he was acquainted with the above mentioned John
Benedict deceased in his lifetime that he saw the said John Benedict deceased
subscribe the instrument at the end thereof now shown to this deponent
purporting to be the last will and testament of the said John Benedict and
above described; that he heard the said John Benedict declare the same to be
his last will and testament; that this deponent subscribed his name as a
witness thereto in the presence and at the request of the said John Benedict;
that the said John Benedict was at the time in the opinion and belief of this
deponent of sound mind and memory and not under any restraint; and that he was
about 65 years of age; that he died on or about the 18th day of March in the
year 1846 and was resident of the town of Groton in the county of Tompkins at
the time of his death.
Alpheus West
Subscribed and sworn this 4th day of April 1846 before me Geo G Freer
Surrogate

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 them respectively subscribed after havigf been carefully read
over to them. And I the said Surrogate being satisfied upon said proofs taken
the the said will was duely executed; that the said testator at the time of
executing the same was in all respects competent to devise real estate and not
under any restraint do therefore allow all the said will proofs and
examinations to be recorded
Witness Geo G Freer, Surrogate aforesaid the day and year first aforesaid
Geo G Freer

I certify the foregoing to be a true record of the original last will and
testament of John Benedict deceased and the proofs taken and other proceedings
touching the same