WILL: Stephen Washburn; Ira, Cayuga, New York submitted by Kathryn Wells (kwells8 at verizon.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm http://ftp.rootsweb.com/pub/usgenweb/ny/cayuga/wills/vn/washburn-stephen.txt *********************************************************************** Source: SAMPUBCO.com Cayuga co NY Will Book Vol N page 106-110 Written: 6 Jul 1851 Probated: 6 May 1859 Will: Stephen Washburn, Ira, Cayuga County, NY Surnames: Washburn, Shoff Transcribed from SAMPUBCO photocopy by Kathryn Wells, kwells8 at verizon.net Source: Cayuga County, NY, Volume N (1858-1860), Pages 106-110. To the Surrogate of the County of Cayuga. The Petition of Luther Washburn of the town of Lysander, County of Onondaga and State of New York, Respectfully sheweth that Stephen Washburn late of the town of Ira in the County of Cayuga aforesaid departed this life on or about the Sixth day of May in the year of our Lord One thousand eight hundred and fifty 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 Sixth day of July in the year of our Lord One thousand eight hundred and fifty one. That in and by the said Will the said Deceased appointed Nathan M. Smith and your Petitioner Executors thereof. That the said Deceased left the following heirs at law and next of kin, to wit: Sally H. Shoff of Cato, Annjenett Shoff of I[r]a Cayuga County, James M. Washburn of the State of Illinois, Henry Washburn, Martin L. Washburn of the State of Wisconsin children of the deceased. That the said Deceased left Rebecca Washburn 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 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 June 4 1859. Luther Washburn. Cayuga County ss: Luther Washburn, the above Petitioner being duly sworn deposes and says that the facts stated in the above Petition by him signed are true to the best of his knowledge and belief. Luther Washburn. Sworn this 4th day of June 1859 before me Jacob R. How, Surrogate. The People of the State of New York, By the grace of God free and Independent. To Rebecca Washburn, Annjenett Shoff of Ira, Sally H. Shoff of Cato, Cayuga County, James M. Washburn of the State of Illinois, Henry Washburn, Martin L. Washburn of the State of Wisconsin, Widow, heirs at law and next of kin of Stephen Washburn late of Ira Cayuga County, Deceased, Greeting. You and each of you are hereby cited 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 First day of July 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 Luther Washburn Executor therein named and hereof fail not. (SS) 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 Fourth day of June in the year of our Lord One thousand eight hundred and fifty nine. Jacob R. How, Surrogate. We hereby admit personal service of a copy of the written citation more than Eight days before the return day thereof. Rebeccah Washburn, Annjenett Shoff, Sally H. Shoff. In Presence of Luther Washburn. State of New York City and County of Albany ss: F. W. Seward of the city of Albany, being duly sworn says that he is one of the Publishers of the Albany Evening Journal, a Daily Paper published in the city of Albany, and that the notice of which the annexed is a printed copy, has been regularly published in said Albany Evening Journal once in each week for Six weeks successively commencing on the Seventh day of June 1859. F. W. Seward. Sworn before me the 21st day of July 1859. Ph: Ten Eyck, Commissioner of Deeds At a Surrogate Court held at the Surrogate's office in the city of Auburn in and for the County of Cayuga on the Twenty First day of July A. D. 1859. Present: Jacob R How, Surrogate. An Instrument in writing purporting to be the Last Will and Testament of Stephen Washburn late of Ira 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 issued 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 Stephen Washburn, Deceased. Cayuga County ss: Luther Washburn of Lysander in the County of Onondaga, being duly sworn deposes and says. I was well acquainted with Stephen Washburn late of Ira in the County of Cayuga, Deceased. I was present when a certain instrument in writing now here shown to me, dated the Sixth day of July A. D. 1851 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 and Testament and to devise real estate, that he was of full age and under no restraint that I know of. I drew up said instrument 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 in all respects as it was when executed by the said Deceased. Luther Washburn. Sworn this 21st Day of July 1859 before me Jacob R. How, Surrogate. In the matter of the Proof & Probate of the Last Will and Testament of Stephen Washburn, Deceased. Cayuga County ss: Stephen F. Washburn of Lysander in the County of Onondaga, being duly sworn deposes and says. I was well acquainted with Stephen Washburn late of Ira, Cayuga County, Deceased. I was present when a certain instrument in writing now here shown to me, dated the Sixth day of July A. D. 1851 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 and Testament and to devise real estate, that he was of full age and under no restraint that I know of. Stephen F. Washburn. Sworn this 21st Day of July 1859 before me Jacob R. How, Surrogate. Will In the name of God, amen. I, Stephen Washburn, of the town of Lysander in the County of Onondaga and State of New York, of the age of Sixty nine years and being of sound mind and memory, Do make, publish and declare this my Last Will and Testament in manner following that is to say. I give and bequeath to my wife Rebecka Washburn all my real and personal estate so long as she remains my Widow. I give and bequeath to my Son James M. Washburn, the sum of Six Hundred Dollars, to my Son Henry Washburn Six Hundred Dollars, to my Son Martin L. Washburn the sum of Six Hundred Dollars, and to my daughter Sally H. Shoff the sum of Three Hundred Dollars, and to my daughter Agenett Washburn the sum of Three Hundred Dollars and Lastly I give and bequeath all the rest residue and remainder of my real and personal - to be divided in proportion to the above legacies between my five children. I hereby appoint Luther Washburn and Nathan M. Smith sole Executors of this my Last Will and Testament. I further authorize and empower my Executors to sell and divide my real estate and personal Estate according to the above legacies. In witness whereof I have hereunto set my hand and seal this Sixth day of July in the year of our Lord One thousand eight hundred and fifty one. Stephen Washburn (L.S.) Luther Washburn, Witness Stephen F. Washburn, Witness 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 and Probate of the Last Will and Testament of Stephen Washburn late of the town of Ira in the County of Cayuga Deceased, as a Will of Real and Personal Estate, and also of the said Will, and that the same was recorded on the Twenty First day of July in the year of our Lord One thousand eight hundred and fifty nine. Jacob R. How, Surrogate. Renunciation To the Surrogate of the County of Cayuga. I, Luther Washburn, named as an Executor in the Last Will and Testament of Stephen Washburn late of Ira in said County, Deceased, Do hereby renounce acting as such Executor and pray that this my Renunciation may be entered accordingly. Witness my hand this Twenty Second day of July A.D. 1859. Luther Washburn In presence of Jacob R. How, Stephen F. Washburn. Recorded July 21, 1859. Jacob R. How, Surrogate.