Chemung County, NyArchives Wills.....Carpenter, Jesse June 04, 1859 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Constance Leaman (r.leaman @ comcast.net) March 30, 2004 Source: Sampubco photocopy Chemung co NY Will Book Vol. 4B, page 149 Written: January 10 1860 Recorded: February 20 1861 Transcribed from SAMPUBCO copy by Constance Leaman Chemung Co, New York Will Book Vol. 4B, page 149 Last Will and Testament of Jesse Carpenter Deceased. Be it Remembered, That heretofore, to wit: on the 10th day of January in the year of our Lord one thousand eight hundred and Sixty James Carpenter Executor named in the Last Will and Testament of Jesse Carpenter late of the town of Elmira in the county of Chemung deceased, appeared in open Court, before the Surrogate of the County of Chemung and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow heirs at law and next of kin of the said testator, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the said widow heirs at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at the Surrogate Office in the village of Elmira in said County, on the 20th day of February A. D. 1860, to attend the Probate of said Will, And Afterwards, to wit: on the 20th day of February a. D. 1861, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 20th day of February A. D. 1861, and he thereupon 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. I Jesse Carpenter of the town of Elmira in the county of Chemung & State of New York being of sound & disposing mind & understanding do hereby make & declare this my last will & Testament in manner following to wit: First I give & bequeath to my son James Carpenter all my Real Estate consisting of the farm on which I reside and the piece of land known as "the Island." Also all the grain that may be growing on the same or may be standing in the field, or stored n barn or granary. All farming utensils, carriages, harnesses. All butter pork (?) & provisions, all fixtures & implements for dairying purposes. All the hogs. One yoke of oxen, three horses if there shall be so many in the farm at the time of my decease, twenty cows of average value & a portion of the hay & other fodder in amount bearing the same proportion to the whole quantity on the farm that the number of animals he has to feed, do (ditto?) to all there is on the farm. All which is given & bequeathed on condition that he pays the legacies hereinafter mentioned to have & to hold the same to his heirs & assigns forever. Second, I give & bequeath to my daughter Clarissa E. Carpenter a note for five hundred dollars made by Edward S. Carpenter, dated about the 31st day of May 1858 or instead of said note any obligation for which I shall exchange it; Also one thousand dollars in money to be paid by my son James within three years from the first day of December 1859. Third, I give & bequeath to my daughters Martha T. Wickham & Susan E. Lowman each the sum of five hundred dollars to be paid by my son James one half in four years & the remainder in five years from December 1st, 1859. Fourth, I give & bequeath all my household furniture goods utensils to my wife Emma. Fifth, I direct my Executors to have the cows & other live stock hay and fodder not included in the foregoing bequests appraised at their fair value and that my son James may take them at the appraised value & give his note or other obligation therefor payable in two years from December 1st 1859. The avails of which together with the remainder of my estate I give to my wife Emma and and [sic] my daughter Clarissa to be equally divided between them. Sixth, I hereby request my son William S to furnish for my wife Emma & my daughter Clarissa E. a home with him so long as they may choose to occupy it and that my said son shall bestow the care & attention due from a son towards his mother and from a brother towards his sister, rendering as far as in his power their home pleasant & happy. Lastly, I do hereby appoint my sons James Carpenter & William S Carpenter & my son-in-law John G. Lowman executors of this my last will & Testament hereby revoking all former wills by me made. In witness whereof I hereto fix my hand & seal this fourth day of June in the year one thousand eighteen hundred & fifty nine. Jesse Carpenter (seal) The above instrument was on the date thereof signed sealed & declared by the said Jesse Carpenter to be his last will & testament in presence of us who at his request and in his presence & in the presence of each other have subscribed our names as witnesses thereof. George E. Carpenter of Elmira Chemung County NY Lyman L. Lowman, Elmira NY Chemung County ss: James Carpenter of the town of Elmira in said county being duly sworn & examined before C. L. (?) Smith Surrogate of the County of Chemung doth depose & say, that the instrument in writing bearing date the fourth day of June 1859 and purporting to be the last iwll & testament of Jesse Carpenter deceased & now offered for probate was found by this deponent among the private papers of said Jesse Carpenter soon after his death, that this deponent then took the same into his possession where the same remained until produced for probate and that the said instrument has never since its execution been in any respect altered or changed so far as deponent knows, has been informed or believes. James Carpenter Sworn September 20th before me C. L. (?) Smith Surrogate. (Also another date: 20 February 1860) Chemung County, SS. In appearing upon the proofs duly taken in respect to the Last Will and Testament of Jesse Carpenter late of the town of Elmira in the County of Chemung and State of New York; deceased, that the said Will was duly executed, and that the said Jess Carpenter at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me; pursuant to the Provisions of the Revised Statutes, this 20th day of February A. D. 1860