WILL: Friend Barber; Mentz, Cayuga co., NY surname: Barber, Lewis, Bentley submitted by Christine J. Spengler (Cspengl @ UTNet.UToledo.Edu) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Chris Spengler Cayuga County, New York, Will Book Vol. I. page 436- FRIEND BARBER To the Surrogate of the County of Cayuga. The Petition of Eunice Barber of the town of Mentz, County of Cayuga and State of New York, Respectfully swerth that Friend Barber late of the town of Mentz in the County of Cayuga aforesaid departed this life on or about the Eleventh day of January in the year of our Lord one thousand eight hundred and fifty one. That the said Deceased was at the time of his death an inhabitant of the said County of Cayuga. That he has left a Last Will and Testament which is dated the Twenty fourth day of August in the year of our Lord one thousand eight hundred and forty eight. That in and by the said Will the said Deceased appointed no Executor thereof. That the said Deceased left the following heirs at law and next of kin, to wit, Delecta Lewis, wife of John Lewis of Auburn, Phebe Kelly, wife of John Kelly, John Barber, Elisa Barber of Mentz Cayuga County, Joseph Barber of the State of Kentucky, Roswell Barber, Nathan Barber of the State of California, children of the deceased, William W. Bentley of Mentz aforesaid, Nelson Barber and the children of David Barber, deceased, whose names or places of residence cannot after diligent inquiry be ascertained, grandchildren of the Deceased. That the said Benjamin H.. Barber, Emeline Barber, Anna Barber, Silas Barber, and William Bentley are minors and have no General Guardian. That your Petitioner is a legatee in said will named. That the said Deceased left your Petitioner, his widow. That said will relates to both real and personal estate. That your Petitioner is desirous of proving said Last will and testament as a will of real and personal estate, that the same may be recorded as such in (pursuance?) of the (estate?) in such as made and provided. Your Petitioner therefore prays the Surrogate aforesaid that the necessary steps may be taken before him for that purpose and that E____ (looks like Edwin??) R. (or B.) ________(?) of Auburn in said County may be appointed Special Guardian for the said minor heirs for the sole purpose of appearing for them and taking care of their interests in the further proceedings in this matter. Dated February 22, 1851 Eunice Barber _ _ _ _ _ _ _ _ Cayuga County ss: Eunice Barber the above Petitioner being duly sworn deposes and says that the facts stated in the above by (him) signed are true to the best of her knowledge and belief. Eunice Barber _ _ _ _ _ _ _ _ ___ this Twenty Second day of February 1851 before me Jacob R. How, Surrogate. Surrogate's Count in the matter of the proof + probate of the Last Will and Testament of Friend Barber, Deceased. _ _ _ _ _ _ _ _ I, E_________ (Edwin?) ______(could be "Morriss") of Auburn Cayuga County, do hereby consent to act as Special Guardian to William __ Bentley, Benjamin H. Barber, Emeline Barber, Anna Barber and Silas Barber, minor heirs at law of Friend Barber, late of Mentz in said County, Deceased for the sole purpose of appearing for them and taking care of their interests in the further proceedings in this matter. Witness my hand this Twenty Second day of February A.D. 1851. E. __. ___________ (?) In Presence of Jacob How ~ The People of the State of New York, by the grace of God free and Independent to Delecta Lewis, wife of John Lewis of Auburn, Phebe Kelly wife of John Kelly, John Barber, Eliza Barber of Mentz Cayuga County, Joseph Barber of the State of Kentucky, Roswell Barber, Nathan Barber, of the State of California, Nelson Barber and the children of David Barber Deceased, whose names or places of residence cannot after diligent inquiry be ascertained, heirs at law and next of kin of Friend Barber late of Mentz, Cayuga County, Deceased, and E____ __. ________ of Auburn Cayuga County Special Guardian to Benjamin H. Barber, Emeline Barber, Anna Barber, Silas Barber and William W. Bentley of Mentz aforesaid, minor heirs at law of the said Deceased, Greeting. You, and each of you, are hereby cited and required personally to be an appear before our Surrogate of our County of Cayuga, at his office in Auburn in said County, on the ___ of the day of April next at ten o'clock in the forenoon of that day to attend the proof and probate of the Last Will and Testament of the said Deceased, which relates to both real and personal estate, and is presented for Proof and Probate by Eunice Barber legatee therein named, and hereof fail not. In testimony whereof, we have caused the seal of office of our said Surrogate to be herewith affixed. Witness Jacob R. How, Surrogate of the County at Auburn the Twenty Second day of February in the year of our Lord one thousand eight hundred and fifty one. Jacob R. How, Surrogate. _ _ _ _ _ We hereby admit personal service of a copy of the witness citation more than fifteen days before the _____ (return?) day thereof. E_____ R. (or B.) ________, Special Guardian for minors, Eliza Barber, Phebe Kelley, Delecta Lewis, John Barber. In Presence of Joseph Bentley. Late of New York City and County of Albany ss: Samuel __ _______ (looks like Samuel D. Shaw), of the city of Albany, being duly sworn says that he is one of the Proprietors of the Albany ________, the State Paper, and that the notice of which the ________ is a printed copy, has been regularly published in said Albany _____, once in each week for _________successively, commencing on the 25th day of February 1851. S. __. Shaw. Sworn before me this 5th day of April 1851. J.J. Johnson, Commissioner of Deeds. _ _ _ _ _ At a Surrogates Court held at the Surrogates office in the City of Auburn in and for the County of Cayuga, on the Twelfth day of April A.D. 1851 ~ Present: Jacob How, Surrogate. The instrument in writing purporting to be the Last Will and Testament of Friend Barber late of Mentz in said County, Deceased, was offered for proof and Probate as a will of real and personal estate pursuant to the Statute. On filing due proof of the publication and service of the citation ______ in this matter, the same was now brought on to be heard, and both of the (subscribing?) witnesses to said will were produced in open court and testified as follows. In the matter of the Proof + Probate of the Last Will and Testament of Friend Barber, Deceased. Cayuga County ss: A. Russell Belden of Mentz of said County being duly sworn deposes and says I was well acquainted with Friend Barber late of Mentz aforesaid, Deceased. I was present when a certain instrument in writing now here shown to me, dated the Twenty Fourth of August in the year of our Lord one thousand eight hundred and forty eight and purporting to be the Last Will and Testament of the said Deceased was executed. I saw the said Deceased execute said instrument by signing his name thereto. I heard him publish and declare the same to be his Last Will and 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 said Deceased was in my opinion at the time of the execution of the said instrument of a sound and disposing mind and memory and in all respects competent to make and publish a Last Will and Testament and to _____ real estate, that he was of full age and under no restraint that I know of.. I drew up such instrument. I have now examined the same carefully and find no alterations or erasures therein since its execution. I believe it to be in the same situation in all respects as it was when executed by the said Deceased. A. Russell Belden. Upon this Twelfth day of April 1851 before me Jacob How, Surrogate, Cayuga County ss: Morton Hosford (?) in the town of Mentz in said County, being duly sworn deposes and says I was well acquainted with Friend Barber late of Mentz in said County, Deceased. I was present when a certain instrument in writing now here shown to me dated the Twenty Fourth day of August in the year of our Lord one thousand eight hundred and forty eight, and purporting to be the Last will and Testament of the said Deceased, was executed. I saw the deceased execute said instrument by signing his name thereto. I heard him publish and declare the same to be his Last will and 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 said Deceased was in my opinion at the time of the execution of said instrument of a sound and disposing mind and memory and in all respects competent to make and publish a Last will and Testament and to _____ real estate, that he was of full age and under no restraint that I know of. Morton Hosford. From this 12th day of April 1851 before me Jacob How, Surrogate. WILL I Friend Barber of the town of Mentz in the County of Cayuga, in the State of New York, being of a sound mind and memory, do make and ordain this my Last will and Testament in manner and form following to wit, Item 1st, I give and bequeath to my beloved wife Eunice all my household furniture and personal property of every description, to be possessed and controlled and used by her during her natural life. 2nd, I give and bequeath to my beloved wife Eunice all my real estate on the north side of the Turnpike Road on Lot No. 16 in the township of Aurelius, now Mentz, and on which stands my personal Dwelling House. Also a piece of land containing 20 acres on Lot No. 15 in the town of Mentz, and also all my real estate on the south side of the turnpike road on Lot no. 16 in the town of Aurelius, now Mentz to be possessed and controlled and used by her during her natural life. 3rd. in consideration of a revocation of my former will in reference to my son John, it is my will that my wife Eunice pay to him the sum of two hundred dollars, or in the case of her decease before the payment of said sum, it shall be paid out of my real estate or personal property. In witness whereof I have herewith set my hand and seal this twenty fourth day of August in the year of our Lord one thousand eight hundred forty eight. Friend Barber Signed, sealed and delivered by the said Friend Barber as + for his last will + testament in presence of us who have subscribed our names as witnesses thereto in the presence of the said testator. A. Russell Belden Morton Hosford. I hereby certify that the preceding is a true record of the proceedings, proof testamation (?) taken before me in the matter of the Proof and Probate of the Last will and Testament of Friend Barber, late of the town of Mentz in the County of Cayuga, Deceased, as a will of real and personal Estate, taken of the said Will and that the same were recorded on the Twelfth day of April in the year of our Lord one thousand eight hundred and fifty one. Jacob R. How, Surrogate.