WILL: Spicer Forsyth; Sterling, Cayuga Co., NY submitted by Paul Nance (nancep@crisny.org) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb.com/~usgenweb *********************************************************************** transcribed by Paul Nance from SAMPUBCO copy Cayuga Co NY Will Book Vol. Z page 86 At a Surrogate's Court held at the Surrogate's office in the city of Auburn, in and for the county of Cayuga on the 23rd day April AD, 1877 Present: John T.M. Davie, Surrogate In the matter of the proof and probate of t he last will and testament of Spicer Forsyth, deceased It is remembered that heretofore to wit on the 4th day of April AD, 1877 Madison Green, one of the executors named in and by the last will and testament of Spicer Forsyth, late of the town of Sterling in the county of Cayuga, aforesaid, deceased, appeared in open court before the Surrogate of the county of Cayuga and made application to have this said last will and testament, which relates to both real and personal estate, proved. And on such application said Surrogate did ascertain by satisfactory evidence who were the widow, heirs-at-law and next of kin of said deceased and their respective places of residence and said Surrogate did thereupon issue a citation in due form of law directed to said widow, heirs-at-law and next of kin by their respective names, stating their respective place of residence, requiring them to be and appear in this court on the 23rd day of April AD, 1877 at ten o'clock in the forenoon of that day and attend the probate of said will. And on said 23rd day of April AD, 1877 satisfactory evidence by affidavit was produced and presented to said Surrogate of the service of said citation on the proper persons and in the mode prescribed by law. And on this day it appearing that some of said heirs-at-law and next of kind are minors having no general guardian residing in the State of New York and it also further appearing that Aurelia Forsyth, widow of said Spicer Forsyth, deceased, is a person of unsound mind having no committee or Guardian Robert L. Drummond Esq. was duly appointed Special Guardian for said widow, heirs-at-law and next of kin for the sole purpose of appearing for them in the further proceedings in this matter. And on this day no one appearing to oppose the probate of said will, such proceedings were therefore had that the Surrogate took the proofs of the will hereinafter set forth and he adjudged the said will to be a valid will of real and personal estate and the proofs thereof to be sufficient which said last will and testament and proofs are as follows that is to say Will In the name of God, Amen. I, Spicer Forsyth of the town of Sterling, Cayuga County and State of New York, considering the uncertainties of this mortal life, 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 First. I order and direct my executor hereinafter appointed to sell and dispose of, at public or private sale, all my estate, both real and personal, and make all necessary conveyances of the same, and convert the same into money to be invested and distributed as hereinafter directed. Said sale to be made within one year after my decease if in the opinion of my executors it can be done advantageously within that time. If, in their opinion, said sale cannot be made advantageously within that time, that the same be made as soon after the expiration of this year as my executors may deem for the best interests of my estate. Second. I order and direct that my executors, with the proceeds of such sale, first pay all my lawful debts and that they invest the balance remaining after such debts are paid in good, safe and sufficient real estate security on interest, and that it remain so secured until the decease of my wife Aurelia. The interest on said investment to be used for the maintenance and support of my said wife Aurelia for and during her natural life and for the support of my two youngest daughters Aurelia and Kitty until they respectively become of the age of twenty one years or until the decease of my said wife if that shall take place before they, my said daughters Aurelia and Kitty, or either of them shall arrive at the age of twenty one years. The provisions herein made for my said wife Aurelia are to be taken and accepted in lieu of dower and all statutory provisions. Third. I order and direct that, as soon as may be advantageously after the decease of my said wife Aurelia, my estate invested as herein before directed be distributed among my children as follows, to wit: to my two daughters Aurelia and Kitty the sum of five hundred dollars each; to my daughter Ophelia, the wife of Oscar Longley the sum of one hundred dollars; to my daughter Mina, wife of C.A. Phillips the sum of one hundred dollars; to my son Milton the sum of four hundred dollars. Having heretofore advanced five hundred dollars to my son Seneca, I exclude him under item Third. Fourth. I order and direct that the rest, residue and remainder of my estate, after paying the several sums or gifts specified in item Third, be equally distributed between my children Seneca Forsyth, Milton Forsyth, Aurelia Forsyth, Kitty Forsyth, Ophelia wife of Oscar Longley and Mina wife of C.A. Phillips, share and share alike. Fifth. In the event of the decease of my said wife Aurelia before my two daughters Aurelia and Kitty become of the age of twenty one years, I order and direct that the distribution as provided for or specified in items Third and Fourth be made as soon after her decease as may be advantageously. Sixth. I hereby appoint my brother-in-law Elijah Schoolcraft of Victory, Cayuga County, NY and my cousin Madison Green of Sterling, Cayuga County NY to be the executors of this, my last will and testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this 23rd day of March, in the year of our Lord one thousand eight hundred and seventy seven. Spicer Forsyth The above instrument, consisting of one sheet, was at the date thereof signed sealed published and declared by the said Spicer Forsyth as and for his last will and testament in presence of us who at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. Joseph Green residing at Hannibal in Oswego County NY Frank H. Gardner residing at Sterling Cayuga County NY In the matter of the proof and probate of the last will and testament of Spicer Forsyth, deceased Cayuga County ss. Joseph Green of the town of Hannibal in Oswego County being duly sworn says: I was well acquainted with Spicer Forsyth late of the town of Sterling in the county of Cayuga aforesaid deceased. I was present when a certain instrument in writing now here shown to me bearing date the 23rd day of March AD 1877 and purporting to be the last will and testament of said deceased was executed. I saw the deceased execute the same by signing his name at the end thereof. 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 said will, and the same is now in all respects in same condition as at the time of the execution thereof by the deceased. Joseph Green Subscribed and sworn to this 23rd day of April AD 1877 before me J.F.M. Davis, Surrogate In the matter of the proof and probate of the last will and testament of Spicer Forsyth deceased Cayuga County ss. Frank H. Gardner of the town of Sterling in Cayuga County being duly sworn says: I was well acquainted with Spicer Forsyth late of the town of Sterling in the county of Cayuga aforesaid deceased. I was present when a certain instrument in writing now here shown to me bearing date the 23rd day of March AD 1877 and purporting to be the last will and testament of said deceased was executed. I saw the deceased execute the same by signing his name at the end thereof. 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. Frank H. Gardner Subscribed and sworn to this 23rd day of April AD 1877 before me J.F.M. Davis, Surrogate Cayuga County ss: Recorded the preceding the last will and testament of Spicer Forsyth late of the town of Sterling in said county, deceased together with the proofs taken in the court of the Surrogate of the county of Cayuga relating to the said last will and testament which record is hereby signed and certified by me, pursuant to the provisions of the Revised Statutes, this 23rd day of April AD 1877. Surrogate