WILL: Josiah V. Griggs; Mentz, Cayuga co., NY surname: Griggs, Stahlnecker 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: 12.6 Kb ************************************************ Source: Cayuga Co. NY Will Book Vol. K page 173 (FHL Film 853222) Written: January 30 1850 Recorded: July 17 1854 Josiah V. Griggs To the Surrogate of the County of Cayuga. The petition of Demies S. Griggs of the town of Mentz County of Cayuga and State of New York respectfully showeth that Josiah V. Griggs late of the town of Mentz in the County of Cayuga aforesaid departed this life on or about the eighth day of July in the year of our Lord one thousand eight hundred and fifty four. 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 thirtieth day of January in the year of our Lord one thousand eight hundred and fifty. 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. Lydia Griggs of Auburn Cayuga County, mother of the Deceased. Frances S. Stahlnecker of Auburn, John Griggs of Brutus. William E. Griggs, Julius B. Griggs of Sterling Cayuga County. Isaac B. Griggs of Hannibal. Oswego County. Brothers and sister of the deceased. William Griggs Lydia J. Griggs and Louisa Griggs of the State of Michigan, nephew and nieces of the Deceased That the said William Griggs, Lydia J. Griggs and Louisa Griggs are minors and have no General Guardian. That your petitioner is the sole Legatee and devises in the said Will named That the 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 Statute in aforesaid. That the necessary steps may be taken before him for that purpose and that Edwin B. Marvin of Auburn, Cayuga County may be appointed special Guardian of the said minor heirs at law and next of kin for the sole purpose of appearing for them and taking care of their interests in the further proceedings in this matter. Dated July 17, 1854 Demies S. Griggs Cayuga County fs: Demies S. Griggs The above petition 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 Demies F. (?) Griggs Sworn this Seventeenth day of July 1854 before me Jacob R. How Surrogate Surrogate Court In the Matter of the Proof & Probate of the Last Will & testament of Josiah V. Griggs, Deceased - I. Edwin B. Marvin of Auburn Cayuga County Do hereby consent to act as special Guardian of William Griggs, Lydia J. Griggs and Louisa Griggs minor heirs at law and next of kin of Josiah V. Griggs late of Mentz in said County Deceased for the sole purpose of appearing for them and taking care of their interest in the further proceedings in this matter. Witness my hand this Seventeenth day of July A.D. 1854 EB Marvin (signed) In presence of Jacob R. How. The People of the State of New York By the Grace of God Free and independent. To Lydia Griggs, Frances F. Stalhnecker of Auburn. John Griggs of Brutus, William E. Griggs, Julius B. Griggs of Sterling, Cayuga County. Isaac B. Griggs of Hannibal Oswego County heirs at law and next of kin of Josiah V. Griggs late of Mentz Cayuga County Deceased & Edwin B. Marvin of Auburn, Cayuga County Special Guardian of William Griggs, Lydia J. Griggs and Louisa Griggs of the State of Michigan minor heirs at law and next of kin of the said deceased. Greeting. All (?) and each of you are hereby cited and required personally to be and appear before our Surrogate of our Surrogate (sic) of our County of Cayuga at his office in Auburn in said County on the thirty-first day of July 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 Demies S. Griggs Legatee therein named. And hereof fail not. In testimony Whereof we have caused the seal of office of the said Surrogate to be present (?) affixed. Witness Jacob R. How Surrogate of said County . At Auburn this seventeenth day of July in the year of our Lord one thousand eight hundred and fifty four. Jacob R. How Surrogate S.S. We hereby admit personal service of a copy of the written citation more than eight days before the retrive (?) day therof. EB. Marvin Special Guardian of Minor heirs & next of kin. Frances S. Stahlnecker, Lydia Griggs William E. Griggs J. Berman Griggs John Griggs Isacc B. Griggs July 20, 1854 In Presence of George A Starking At a Surrogates Court held at the Surrogates Office in the City of Auburn in said for the County of Cayuga. On the thirty first day of July A.D. 1854 Present Jacob R. How Surrogate An instrument in writing purporting to be the last will & testament of Josiah V. Griggs 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 belief this proof of the service of the citation opened on this the same was now brought are (?) to be heard. And two 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 & Testament of Josiah V. Griggs Deceased --- Cayuga County fs. Philip Martin of Mentz in said County being duly sworn deposes and says: I was well acquainted with Josiah V. Griggs, late of Mentz in said County, Deceased. I was present when a certain instrument in writing now here shown to me and dated the thirtieth day of January in the year of our Lord one thousand eight hundred and fifty 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 devise real estate and to make and publish a last will and testament that he was of full age and under no restraint that I know of. Philip Martin (signed) Sworn this 31st day of July 1854 before me Jacob R. How Surrogate In the matter of the Proof & Probate of the Last Will & Testament of Josiah V. Griggs Deceased --- Cayuga County fs. John Stahlnecker of Mentz in said County being duly sworn deposes and says. I was well acquainted with Josiah V. 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 January in the year of our Lord one thousand eight hundred and fifty 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 to the same, 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 & testament. And to devise real estate, that he was of full age and under no restraint that I know of. John Stahlnecker (signed) Sworn this 31st day of July 1854 before me Jacob R. How Surrogate In the matter of the Proof & Probate of the Last Will & Testament of Josiah V. Griggs Deceased --- Cayuga County fs. Demies S. Griggs of Mentz in said County being duly sworn deposes and says.The instrument in writing mentioned and described in the foregoing testimony was delivered to me by the said Deceased soon after the execution for safe keeping. I kept the same safely in my possession until I left it in the office of the Surrogate of this County for Proof And Probate. While said instrument was in my possession it was in no respects altered or erased. Demie S. Griggs Sworn this 31st day of July 1854 before me Jacob R. How Surrogate Will Montezuma, Cayuga County and State of New York January 30th in the year of our Lord One thousand eight hundred & fifty. Whereas I intend going to California, the uncertainty of life and the necessity of man providing for his family when the laws of his county are without or destitute of the proper provisions for the security & well being of a wife, (unknown word) or even with a family so (?) therefore with a heart full of gratitude for part life and health and a prayer for a continuance of the same whilst absent if I go or do not go , in the future. I now declare & publish to the world my wishes as to the distribution of what little wealth or worldly (?) property a kind and wise creator has bestowed upon me if in his wisdom he should deprive me of health, intellect, or life or so order things that I was beyond my control in such an event which may a merciful person prevent (..lly) wishes are that all my property personal or real whether lands horses book accounts or obligations or all property of every name or nature be at the disposal wishes or direction of my beloved wife Demies S. Hereth (?) protect her to be bonifidely (sic) hers and serve others forever yet I would in the end of our mutual assistance suggest if I should be first removed the property (or propriety?) of dedicating the major part if any should remain to the spread of gospel through the world. It came from God and as his stewards when and with it on earth it should be returned with use to its author but this is only strongly advisable, certainly one half should be so dedicated and (had I ?) could I but leave one thing more that would be the grace of God without it all is poverty with it all is riches trust in the crucible and balance of Almight God riches that never lasts (?) that fires do not consume nor leave at (unknown word) of procty (?) of death but go with one down to the grave through the (unknown word) on up to glory. Also I feel that in case (unknown word) was away the remaining should present mementos of his or her love and appreciation to their more immediate connection or kindred according to the ties of nature of the flesh. All the above are the desire, wishes or direction of the undersigned to the and for the fulfillment of which I hereunto set my hand and seal this the place, day and year above mentioned, I would also advise or council in case any advice or council or assistance was needed in my absence such council or assistance be taken from her own or my parents but that the care discretion, disposal and consumption be under her own immediate management & no once else. Signed and sealed as above J.V. Griggs (S.S.) Further for the Legality of the above I herewith desire and request my friends Philip Martin & John Stahlnecker to place their names and residences as witnesses to the declarations I here make that the above instrument was made and executed by me for the purposes therein mentioned Signed by them & in my presence on the same date & in same place as above J.V. Griggs (S.S.) Witnesses Philip Martin Residence Mentz. John Stahlnecker do. Signed in presence of William Carran (?) Sr. and so declared by him William Carran (?) Sr. I hereby certify that the preceding is a true record of the proceedings, proofs and Examinations taken before me in the matter of the Proof & Probate of the Last Will and Testament of Josiah V. Griggs late of the town of Mentz 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 thirty first day of July in the year of our Lord one thousand eight hundred and fifty four Jacob R. How, Surrogate Additional Comments: Note some of the text of will proper difficult to read, but genealogical significance of that wording is not great