WILL: Alanson H. Griggs; Mentz, Cayuga co., NY surname: Griggs submitted by Teresa Culver (tbc8 @ cornell.edu) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: July 27, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.3 Kb ************************************************ Source: Vol G Record Of Wills Cayuga County page 198 (FHL Film #853221) Written: December 30 1844 Recorded: January 15 1845 Alanson H. Griggs To the Surrogate of the County of Cayuga. The petition of Nancy Griggs of the town of Mentz, County of Cayuga & State of New York, respectfully showeth, That Alanson H. Griggs late of the town of Mentz in in (sic) the County of Cayuga & State of New York, departed this life on the ninth day of January in the year of our Lord one thousand eight hundred and forty five, That the said deceased was, at the time of his death an inhabitant of the County of Cayuga; That he has left a last will & testament, which is dated the thirtieth day of December in the year of our Lord one thousand eight hundred and forty four; That in & by the said will the said deceased appointed your petitioner Executrix, and William Griggs, James H. Searles & Josiah V. Griggs Executors thereof; That the said deceased left the following heirs at Law & next of kin, to wit. William Griggs, Louisa Griggs & Lydia Jane Griggs all minors residing with your petitioner and having no general guardian; That he left your petitioner his widow. That said will related to both real and personal estate. That your petitioner is desirous of proving said Last will & testament as a will of real & personal estate, that the same may be accorded as such, in pursuance of the Statute in such case made & provided. Your petitioner therefore prays the Surrogate aforesaid, that the necessary steps may be taken for that purpose before him. And that Isaac B. Griggs of Mentz aforesaid may be appointed special guardian to the said minor heirs, for the purpose of appearing for them & taking care of their interests in this matter - Dated Jany 15th 1845 Nancy Griggs Cayuga County fs. Nancy Griggs the above petitioner being duly sworn deposes and says that the facts stated in the above petition by her signed are true to the best of her knowledge & belief --- Nancy Griggs Sworn the 15th day of Jany 1845 before me Chas B Perry Surrogate Surrogate Court Cay. Co. In the matter of the proof & probate of the last will & testament of Alanson H. Griggs dec. - I, Isaac B. Griggs of Mentz in the County of Cayuga do hereby consent to act as the special guardian to William Griggs, Louisa Griggs and Lydia Jane Griggs minor heirs at law & next of kin to Alanson H. Griggs late of Mentz aforesaid deceased, And as such guardian do hereby waive the service of the citation required by law to attend the proof and probate of the last will & testament of said deceased, And do consent that the same may be proved before the Surrogate of said County, at an time when the same shall be presented for that purpose. - In sworn(?) of(?) Witness my hand the 15th day of Jany A.D. 1845 P.H. Perry Charles B Perry Isaac B. Griggs At a Surrogates Court held at the Surrogates Office in the Village of Auburn in & for the County of Cayuga on the fifteenth day of January A.D. 1845 Present Charles B. Perry Surrogate An instrument in writing purporting to be the Last will & testament of Alanson H. Griggs late of Mentz in said County deceased, was now offered for proof & probate as a will of real & personal estate pursuant to the Statute, by the widow of said deceased & Executrix - On filing the consent of the special guardian to the minor heirs at law of said deceased, waiving the service of the citation required by law, & consenting that the said will may be proved before the said Surrogate at any time when the same should be presented for that purpose, This matter was now brought on to be heard. And the subscribing witnesses to said will were produced in open Court & testified as follows - In the matter of the proof & probate of the last will and testament of Alanson H. Griggs dec.-Cayuga County, fs. Smith D. Mallory & Simon Knight Junr of Mentz in said County being duly sworn, each for himself, deposes & says, I was well acquainted with Alanson H. Griggs late of Mentz aforesaid deceased; I was present when a certain instrument in writing now here shown to me, dated the thirtieth day of December last past, purporting to be the last will & testament of said deceased was executed; I saw the said deceased execute said instrument by signing his name thereto; I heard him publish & declare the same to be his last will & testament. The deceased requested me to become a subscribing witness to the execution thereof; I did so and signed my name thereto as such witness in his presence. The deceased was in my opinion at the time of the execution of said instrument of a sound & disposing mind & memory & in all respects competent to make & publish a last will & testament & to devise real estate; He was of full age, & under no restraint that I knew of Smith D. Mallory Simon Knight Junr Sworn this 15th day of January 1845 before me Chas B. Perry Surrogate Will December the thirtieth in the year of our Lord eighteen hundred & forty four, In the name of God, Amen, I Alanson H. Griggs of the Town of Mentz, Cayuga County & State of New York. Do make & by these presents publish & declare this to be my Last will and testament, to wit. After my debts are all settled & paid, I give & bequeath the use & avails of all my property personal & real to my beloved wife Nancy for the purpose of sustaining her & educating & bringing up & supporting my children until my youngest heir becomes of age; then the property to be equally divided between my three children: William, Louisa, & Lydia Jane after deducting out one third of all my property personal & real For my said wife, but in case the situation avails of my property should not be sufficient for the support of my beloved wife & family from sickness or other causes for the support then my Executors are to use so much of the principle as may be necessary for their happiness & welfare & further the above is only binding so long as my beloved wife remains my widow then if that period should arrive anterior to the majority of my youngest heir then my property is to be divided, give to my wife one third of all as above stated & the remaining two thirds to fall into the hands of my Executors for the support of my children as above stated _ And further my Executors are hereby qualified to sell or dispose as they may think best my real estate if necessary or any part thereof for the payment of debts if my personal property should not pay the same, & furthermore in case my wife Nancy should desire to remove & dwell in some other place & desires her property to be removed hither then my Executors are hereby authorized to dispose of my real estate & load out the same secured by bond & mortgage on real estate as if advantages offer themselves may invest the same in real estate when my wife may desire for the purposes above stated And further I hereby authorize & appoint my beloved wife Nancy as Executrix And my father William Griggs, James H. Searls & Josiah V. Griggs my brother as Executors of this my Last will & testament. -- A. H. Griggs S.L. Signed & sealed this the day & year above mentioned in the presence of Smith D. Mallory, Simon Knight Gr. the testator at the time & in the presence & hearing of said witnesses or persons determining the above as written to be his Last will & testament & requesting them to become witnesses to his said will by signing their names hereto Smith D. Mallory, Simon Knight Jr. Witnesses I hereby certify that the preceeding (sic) is a true record of the proceedings, proofs, and examinations taken before me in the matter of the proofs & probate of the last will & testament of Alanson H. Griggs late of Mentz in the County of Cayuga dec, as a will of real & personal estate, & of the said will, and that the same were recorded on the fifteenth day of January , A.D. 1845 Chas. B. Perry Surrogate