WILL: Semer Culver; Scipio, Cayuga co., NY surname: Culver, Tracy, Winslow, Lytle, Barrows, Haynes, Griffin, Smith, Van Alen 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 17, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 12.1 Kb ************************************************ Source: Family History Library Film #853221 Cayuga co NY Will Book I page 156 Written: December 28 1847 Recorded: August 23 1849 Semer Culver To The Surrogate of the County of Cayuga The Petition of Polly Culver - of the town of Scipio County of Cayuga and State of New York, Respectfully showeth that Semer Culver late of the town of Scipio in the County of Cayuga aforesaid departed this life on or about the twenty first day of June in the year of our Lord one thousand eight hundred and forty nine 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 eighth day of December in the year of our Lord one thousand eight hundred and forty seven. That in and by the said will the said Deceased appointed your petitioner said Calvin Tracy executor thereof That the said deceased left the following heirs at law and next of kin, to wit, Sylvester Culver of Lansingh, Tompkins County, Orange Culver of Barry [actually Barre] Orleans County, William Culver of Jerusalem Yates County, Ebenezer Culver of the State of Ohio, but the precise place of residence cannot after diligent inquiry be ascertained, Sylvenus Culver whose place of residence cannot after diligent inquiry be ascertained, Lucy Winslow wife of Jared Winslow, whose place of residence is some where in the State of New York, but the precise place of residence cannot after diligent inquiry be ascertained Polly Lytle (or Lyde ?) wife of John Lytle of the State of Michigan, but the pr‚cised place of residence cannot after diligent inquiry be ascertained, Eunice Barris [actually Barrows] wife of George Barris of the State of Ohio, but the precise place of residence cannot after diligent inquiry be ascertained, brother and sisters of the deceased, Edmund C. Culver, Anson Culver, Andrew J. Culver, Lydia Haynes wife of William Haynes of Ledyard Cayuga County, Maria Griffin wife of Samuel Griffin, Lucy Culter [?] of the State of Michigan, but the precise place of residence cannot after diligent inquiry be ascertained nephews and nieces of the Deceased. 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 maybe recorded as such in pursuance of the Statute in such case made and provided. Your Petitioner, therefore prays the Surrogate aforesaid that the necessary steps may be taken before him for that purpose Dated July 7 1849 Polly Culver Cayuga County fs.[two letters, unclear] Polly Culver 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 and belief Polly Culver Sworn this Seventh day of July 1849 before me Jacob R How, Surrogate The People of the State of New York By the grace of God free and Independent To Sylvester Culver of Lansing Tompkins County, Orange Culver of Barry, Orleans County, William Culver of Jerusalem Yates County, Edmund C. Culver, Anson Culver, Andrew J. Culver, Lydia Haynes wife of William Haynes of Ledyard Cayuga County, Ebenezer Culver, Eunice Barris wife of George Barris of the State of Ohio, precise places of residence unknown, Polly Lytle, wife of John Lytle (or Lyde), Maria Griffin wife of Samuel Griffin, Lucy Cutler of the State of Michigan, precise place of residence unknown, Sylvenus Culver, Lucy Winslow, wife of Jared Winslow, whose place of residence is unknown, heirs at law and next of kin of Semer Culver late of Scipio Cayuga County Deceased. Greeting You [?] and each of you are hereby sited (?) and required personally to be and appear before our Surrogate of our County of Cayuga at his office in Auburn in said County, on the twenty third day of August next at ten oclock 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 Polly Culver Executrix therin named and hereof fail not. (L.S.) In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed Witness Jacob R. How Surrogate of said County at Auburn the Seventh day of July in the year of our Lord one thousand eight hundred and forty nine. Jacob R. How, Surrogate [Signature] We hereby admit personal service of a copy of the written citation more than fifteen days before the return day thereof. Anson Culver, E.C. Culver, Wm Haines, Lydia Haynes, Orange Culver, Sylvenus Culver, Wm Culver, Andrew J. Culver, Sylvester Culver In Presence of J.C. Smith, F. Culver, J V Van Alen as to Wm Culver Anson Culver State of New York Cayuga County fs. (?) Polly Culver being duly sworn deposes and says that the signatures to the admission of service on the foregoing citation are the true and genuine signatures of the parties mentioned Polly Culver Sworn before me the 23d day of August 1849 Jacob R How Surrogate [signature] State of New York City and County of Albany fs. Samuel M. Shaw of the city of Albany being duly sworn says that he is one of the Proprietors of the Albany Argsis {?}, the State Paper and that the notice of which the annexed is a printed copy has been regularly published in said Albany Argsis once in each week for Six weeks successively commencing on the 10th day of July 1849 SM Shaw Sworn before me this 16th day of August 1849 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 twenty third day of August A.D. 1849. Present Jacob R. How, Surrogate An instrument in writing purporting to be the Last will and Testament of Semer Culver late of Scipio 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 voice (?) of the citation required by law this matter was now brought on to be heard and all the subscribing witnesses to said will have produced in open court and testified as follows In the matter of the Proof& Probate of the last Will & Testament of Semer Culver, Deceased Cayuga County fs. Albert G. Thomas of Scipio in said County being duly sworn deposes and says I was well acquainted with Semer Culver late of Scipio aforesaid Deceased I was present when a certain instrument in writing now here shown to me dated the twenty eighth day of December in the year of our Lord one thousand eight hundred and forty seven 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 as in all respects competent to make and publish a Last will and testament and to devise (?) real estate that he was of full age and under no restraint that I know of Sworn on the 23d day of August 1849 before me Albert G Thomas Jacob R. How, Surrogate In the matter of the Proof& Probate of the last Will & Testament of Semer Culver, Deceased Cayuga County fs. Allen Thomas of Scipio in said County being duly sworn deposes and says I was well acquainted with Semer Culver late of Scipio aforesaid Deceased. I was present when a certain instrument in writing now here shown to me dated the twenty eighth day of December in the year of our Lord one thousand eight hundred and forty seven, 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 devise real estate that he was of full age and under no restraint that I know of A Thomas Sworn this 23d day of August 1849 before me Jacob R. How, Surrogate In the matter of the Proof & Probate of the last Will & Testament of Semer Culver, Deceased Cayuga County fs. Allen Thomas of Scipio in said County being duly sworn deposes and says The instrument in writing mentioned and described in the foregoing testimony was drawn up by me at the request of the said Deceased. 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 as it was when executed by the said Deceased A Thomas Sworn this 23d day of August 1849 before me Jacob R. How, Surrogate Will In the name of God amen. I, Seymor Culver, of the town of Scipio, State of New York, being of sound and perfect mind and memory, Do make and publish this my Last will and testament in manner and form following. First. After all my debts are paid and satisfied, I give, bequeath and devise unto my beloved wife Polly Culver all my property both real and personal, and after her decease I give and bequeath unto my nephew Seymor Lyde (or Lytle?) two hundred Dollars; and to my nephew Seymor Winslow the sum of two hundred Dollars and as to all the rest, residue and remainder of my personal and real estate if any remains after my said wife deceases Are (?) discretionary with her my said wife to will, devise, give and bequeath the same to such person or persons as she may think proper. And lastly it is my desire that my friend Calvin Tracy and my said beloved wife Polly Culver act as Executors and I do hereby appoint the said A. Thomas Executor and my said wife Polly Culver Executrix of this my Last will and testament, hereby revoking all former wills by me made In witness whereof I have herewito set my hand and seal this 28th day of December in the year of our Lord one thousand eight hundred and forty seven. Signed Sealed Published and declared by the above Semer Culver (L.S) Named Seymor Culver 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. Albert G. Thomas Scipio NY Allen Thomas Scipio NY Renunciation To the Surrogate of the County of Cayuga We Calvin Tracy and Allen Thomas named as Executors of the Last will and testament of Semer Culver Late of Scipio in said County Deceased, Do hereby renounce acting as such Executors and pray that our renunciation may be entered accordingly Witness our hands the twenty third day of August A.D. 1849 Calvin Tracy. A. Thomas In Presence of Jacob R. How, H Smith I hereby certify that the preceding is a true record of the proceeding, proofs and examinations taken before me in the matter of the proof and Probate of the Last will and testament of Semer Culver late of the town of Scipio in the County of Cayuga, Deceased as a will of real and personal estate and also of the said will and that the same were recorded on the twenty third day of August in the year of our Lord one thousand eight hundred and forty nine Jacob R. How, Surrogate