WILL: Jerusha Rhoades; Auburn, Cayuga co., NY surname: Rhoades, Lane submitted by Kerry Jackson (jacksonk1@vzavenue.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: January 2,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.7 Kb ************************************************ Source: Sampubco.com Cayuga co NY Will Book Vol. B2 page 187 Written: October 23 1834 Probated: 28 Oct 1834 To the Surrogate of the county of Cayuga: The petition of Roswell Lane of the town of Sennett in the County of Cayuga respectfully represents - That Jerusha Rhodes late of the town of Sennett in said county departed this life on or about the twenty third day of October in the year of our Lord one thousand eight hundred and thirty four that she was at the time of her death a widow and was also a widow at the time of the date of the last Will and testament hereinafter later that she was at the time of her death an inhabitant of the said county of Cayuga; that she made and published a last will and testament which is dated on the said twenty third day of October that in the said last Will and testament the said deceased appointed your petitioner the executor thereof; that the only Heir at law and next of kin of the said deceased is Jerusha Lane the wife of your petitioner; that she is the only dividee named in said will - And your petitioner further represents that he is desirous of proving said last Will and testament as a will of personal estate that the same may be admitted to probate and letters testamentary issue thereon and he prays that the necessary proceedings may be had before the said Surrogate for that purpose. Dated Oct 28th 1834. Roswell Lane Roswell Lane the above petitioner being sworn says that the facts therein stated are true to the best of his knowledge and belief. Sworn to me this 28th day of Oct 1834. Roswell Lane The people of the State of New York by the grace of God has one and independent To Jerusha Lane the only next of kin of Jerusha Rhodes late of the town of Sennett Cayuga County deceased Greetings. You and each or you are herby cited and required personally to be and appear before our surrogate for County of Cayuga at his office in Auburn in said county on the twenty ninth day of October at ten o'clock in the forenoon of that day, to attend the probate of the last Will and Testament of the said Jerusha Rhoades and hereof fail not under the penalty of the Law. In testimony whereof we have called the said office of our Lord Surrogate to be hereunto office to the Witness John Porter. Surrogate of said County at Auburn the twenty-ninth day of our October in the year of our Lord one thousand eight hundred and thirty four. John Porter Surrogate. I admit Service upon me of this written citation and consent that the testimony in relation to the probate of said Will be taken on the 29th. Jerusha Lane At a Surrogate Court held at the Surrogate office in the village of Auburn in the county of Cayuga on the twenty ninth day of October in the year of our Lord one thousand eight Hundred and thirty four before John Porter, Surrogate of the said county of Cayuga a certain instrument in writing purporting to be the last Will and Testament of Jerusha Rhodes late of the town of Sennet in said county deceased was offered for probate by Roswell Lane named therein as the executor thereof and thereupon the following depositions were taken. In the matter of the probate of the last Will and Testament of Jersuha Rhoades Dec. William T. Leach of the town of Sennett in the county of Cayuga being sworn in open court testifies and says that he was well acquainted with Jerusha Rhodes late of the town of Sennett aforesaid now deceased, that he the deponent was present at the time when a certain instrument in writing which is now shown to this deponent and which purports to be the last Will and Testament of the said Jerusha Rhoades deceased and is dated the twenty third day of October in the year of our Lord one thousand eight hundred and thirty four was executed this the Law the said deceased execute the said instrument in writing by making her mark to the same; that he heard her publish and declare the same to be her last Will and Testament; that she requested the deponent to become a subscribing witness to this execution thereof; the he did so and signed his name as such witness in the presence of the said deceased; that the said deceased was at the time of a sound mind and memory in the opinion of this deponent and in all respects competent to make and publish a last Will and Testament; that she was of full age and under no constraint. Sworn before me this 29th day of Oct 1934. William T. Leach. In the matter of the probate of the last Will and Testament of Jersuha Rhoades Dec. John Carpenter of the town of Sennett in the county of Cayuga being sworn in open court testifies and says that he was well acquainted with Jerusha Rhoades late of the town of Sennett aforesaid now deceased that he this deponent was present at the time where a certain instrument in writing which is now shown to this deponent and which purports to be the last Will and Testament of the said Jerusha Rhoades deceased and is dated the twenty third day of October instant was executed and that he saw the said deceased executed the said instrument in writing by making her mark to the same; that he heard the said deceased publish and declare the same to be her last will and testament, that this the deponent was requested to sign the same as a witness and as he supported at the substance of the said deceased that he did so & signed the same as such witness in the presence of the said deceased; that the said deceased was at the time of a sound disposing mind and memory and in all respects competent to make and publish a last Will and Testament that she was of full age and under no constraints. Sworn before me this 29th day of Oct 1834 John Carpenter In the matter of the probate of the last Will and Testament of Jersuha Rhoades Dec. Edward Root of the town of Sennett in the said county of Cayuga being sworn in open court testifies and says that he was well acquainted with Jerusha Rhoades late of the said town of Sennett now deceased; that he this deponent was present at the time where a certain instrument in writing which is now shown to him and which purports to be the last Will and Testament of the said Jerusha Rhoades deceased and is dated the twenty third day of October instant was executed; that he saw the said deceased execute said instrument in writing by making her mark to the same, that he heard her publish and declare the same to be her last Will and Testament that the said deceased requested this deponent to become a subscribing witness to the said instrument, that he did and signed the same as such witness in the presence of the said deceased; that the said deceased was at the time of a sound mind and memory and in all respects competent to make and publish a last Will and Testament that she was of full age and under no constraints. Sworn before me this 29th day of Oct 1834 Edward Root In the matter of the probate of the last Will and Testament of Jersuha Rhoades Dec. Roswell Lane of the town of Sennett being sworn says that after the said instrument in writing mentioned in the preceding depositions was executed as therein stated the said deceased requested the deponent to take said instrument in writing unto his possession and keep the same safely for her that he took it and kept it safely until he brought it to the surrogate for proof that while it was in his possession in was in no respect altered or erased. Sworn before me this 29th day of Oct 1834. Roswell Lane In the name of God Amen. I Jerusha Rhoades of the town of Sennett in the County of Cayuga and State of New York being weak in body but of sound and perfect mind and memory considering the uncertainty of this mortal life do make and publish this my last Will and Testament in manner and form following that is to say - I give and bequeath to my beloved daughter Jerusha Lane all of my goods and chattels commonly called personal property which I am entitled by law to receive from the estate of my beloved husband David Rhoades deceased late of the town of Sennett aforesaid together with all my property I five and bequeath the same to my beloved daughters Jerusha Lane and I hereby appoint my son in law David Roswell lane executor of this my last will and testament hereby revoking all former wills by me made. In witness where I have hereunto set my hand and seal the twenty third day of October in the year of our Lord one thousand eight hundred and thirty four. Signed Sealed Published and delivered by the above named Jerusha Rhoades to be her last Will and Testament in the presence of us who have hereunto subscribed our names in the presence of the testator. Jerusha Rhoades (mark) Edward Root John Carpenter William Leach I certify that the preceding is a true record of the proceedings proofs and examinations taken in the matter of the proof and probate of the last Will and Testament of Jerusha Rhodes and of said Will and that the same was recorded on the thirtieth day of October eighteen Hundred & thirty four. John Porter, Surrogate