WILL: Orange Ingraham; Preston, Chenango co., NY surname: Ingraham, Van Tassall, Hurlburt, Lawton, Root submitted by Anthony D'Agostino (dagosti @ attglobal.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Anthony D'Agostino Chenango co NY Will Book Vol. U page 141 141 At a Surrogate's Court, held at the village of Norwich, in and for the County of Chenango, on the 15th day of May 1878 Present, Hon. W. F. Jenks, surrogate. ------------------------------------------------------------------ In the matter of Proving the Last Will and Testament and codicil OF Orange Ingraham Deceased,| ------------------------------------------------------------------ On the Day, and at the place aforesaid, Mercy A. Ingraham Executrix named in the last Will and Testament of the said Orange Ingraham deceased, appeared before the said County Judge, acting as Surrogate, and offered the said last Will and Testament and codicil for proof and probate as a Will of real and personal estate; and no one appeared to oppose such proof and probate, thereupon, the said Executrix produced satisfactory proof, by affidavit, of the due service of the Citation heretofore issued in this matter, requiring the [?] heirs at law and next of kin to the said deceased, to attend such proof and probate on this day, as follows: By admission of Service on Helen M. Melius and Joseph O. Ingraham April 15th 1878. Personal Service on Rebecca Hurlburt Charlotte A. Lawton John H Ingraham and Julia Van Tassall. May 1st 1878. And by a personal Service on Job A. Ingraham May 2nd 1878. and on Ruth W. Root the 3rd day of May 1878. And thereupon the said Executrix offered the following proof of the said last Will and Testament + codicil, by the subscribing witnesses thereto, to wit: Chenanto County, ss. O M Westover of the town of Oxford, in the said County, being duly sworn and examined before W. F. Jenks, County Judge of said County, acting as Surrogate thereof, doth depose and say, that he was well acquanted with Orange Ingraham, now deceased; that he was present as a witness and did see the said Orange Ingraham subscribe his name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 5th day of February in the year one thousand eight hundred and seventy six purporting to be the last Will and Testament and codicil dated April 28th 1877 of the said Orange Ingraham, deceased; that the said Orange Ingraham, at the time of making such subscription, declared the said instrument to be his last Will and Testament and codicil, and requested this deponent to sign his name as a witness thereto; that thereupon this deponent accordingly did sign his name, as a witness, at the end of the said instrument. This deponent further says, that the said Orange Ingraham at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competant to devise real estate, and not under any restraint, and that this deponent saw C. P. Hunt, the other subscribing witness to said instrument, sign the said instrument at the end thereof, as a witness, in the presence of the said Orange Ingraham and at his request. SUBSCRIBED AND SWORN TO BEFORE ME, THE } 15th DAY OF MAY 1878 } O. M. Westover W. F. Jenks Surrogat. 142 CHENANGO COUNTY, SS. C. P. Hunt of the town of Oxford, in the said County, being duly sworn and examined before W. F. Jenks, County Judge of said County, acting as Surrogate thereof, doth depose and say, that he was well acquainted with Orange Ingraham, now deceased; that he was present as a witness and did see the said Orange Ingraham subscribe his name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 5th day of February in the year one thousand eight hundred and seventy six purporting to be the last Will and Testament and codicil of the Dated April 28th 1877 said Orange Ingraham, deceased; that the said Orange Ingraham, at the time of making such subscription, declared the said instrument to be his last Will and Testament and codicil, and requested this deponent to sign his name as a witness thereto; that thereupon this deponent accordingly did sign his name, as a witness, at the end of the said instrument. This deponent further says, that the said Orange Ingraham at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competant to devise real estate, and not under any restraint, and that this deponent saw O M Westover, the other subscribing witness to said instrument, sign the said instrument at the end thereof, as a witness, in the presence of the said Orange Ingraham and at his request. SUBSCRIBED AND SWORN TO BEFORE ME, THE } 15th DAY OF May 1878 } C. P. Hunt W. F. Jenks Surrogat. The Foregoing Proofs and Examinations were taken by and before me, the said County Judge, acting as Surrogate aforesaid, at my office in the town of Norwich, in the County of Chenango aforesaid, on the 15th day of May A. D., 1878 and the depositions of O M Westover and C P Hunt the only subscribing witnesses to the said instruments were by them respectively subscribed, after having been carefully read over to them; and I, the said County Judge, acting as Surrogate as aforesaid, being satisfied upon the proof taken before me, as aforesaid, that lawful service of the Citation heretofore issued in this matter, to attend the proving of the last Will and Testament and Codicil before me, on this day, has been made on all the heirs at law and next of kin to the said Orange Ingraham, deceased; that the said Will was duly executed; that the said testator at the time of executing the same, was in all respects cometent to devise real estate and personal estate, and not under restraint. And I, the said County Judge acting as Surrogate, as aforesaid, being satisfied of the genuineness and validity of such Will, do adjudge and decree, by virtue of the power and authority in me vested by law, that the said last Will and Testament and codicil was duly executed, and is a valid Will; and do further order and decree, that the said last Will and Testament and codicil and the proofs and examinations taken in respect to the same, be recorded; and that the said last Will and Testament and codicil be, and the same hereby is admitted to probate and established as a Will of real and personal estate. W. F. Jenks Surrogate. 143 The last Will and Testament of Mr. Orange Ingraham of the town of Preston in the county of Chenango and State of New York as follows viz: First, I give devise and bequeath to my beloved wife Mercy Ann Ingraham all my property and estate of every name nature and kind including both real estate and personal property to have and to hold the same and to receive the income thereof and use the same during her natural life or so long as she shall be and remain my widow for the support and maintenance of herself and my son Job A Ingraham (if my said son Job shall in consequence of sickness or other disability without his fault) be unable to provide for and maintain himself and should the income of my said property and estate be more than sufficient to support my said wife and son Job A. as herein provided. then it is my Will and I hereby direct that the accumulation of said income together with my said property and estate after the decease of my said Wife or after she shall cease to be my widow by marrying again, Shall be disposed of as herein after directed and provided. This provision for my said wife is no lien and stead of her dower right in my siad property and estate unless she should again marry in which event her control, possession and use of my said property and estate shall cease and be at and end she shall then be entitled to have and receive her dower right only or its equivalent andwhat the statute gives in addition thereto to a Widow from my said property and estate Second. My Daughters Rebecca Hurlburt the wife of Sylvester Hurlburt, Helen M Melius? the wife of Peter F. Melius, Charlotte A. Lawton the wife of William J. Lawton, Ruth E. Root the wife of Andrew B. Root and Julia Van Tassell wife of William Van Tassall and my son John H Ingraham having received all of my property and estate to which they are entitled and which I intend to give them. Third. After the death of my said wife or should she again marry, after she shall marry again, I give devised and bequeath all the rest residue and remainder of my property and estate including both real estate and personal property to my two sons Joseph O Ingraham and Job A Ingraham to be divided equally between them share and share alike. In case of the death of either of my said sons Joseph O. or Job A. previous to the decease or marriage of my siad wife, should She again marry or previous to his arriving at the age of twenty one years in either event it is my Will and I hereby order and direct that the survivor of them shall take and be entitled to have the share of my property and estate to which the one so dying would have been entitled under this my last Will and Testament had he lived until the time prescribed herein when he would have been entitled to receive the same. Fourth. It is my Will and I hereby authorize and empower my said wife as my Executrix herein after named as the administrator with the Will [annexed?] should one be appointed as hereinafter provided, in case it shall be for the best interests of my estate to sell and dispose of any and all real estate of which I may die [seized?] or of which I may be the owner at the time of my death and make execute and deliver to the purchaser or purchasers good and sufficient deed or deeds for the same and to receive the proceeds of the same and invest theirs in good, safe, and sufficient securities - Fifth. In case the income of my said property shall at any or for any reason (without the fault of my said wife be or become insufficient for the comfortable support and maintenance of my said wife and my said son, Job A Ingraham as hereinbefore provided and specified; then it is my will and I hereby authorize and empower my said executrix to use so much of the principal sum of my property and estate as in addition to the income thereof shall be sufficient to provide for the comfortable support adn maintenance of my said wife and my said son Job A as hereinbefore specified and provided. Lastly, I hereby constitute and appoint my said wife Mercy A Ingraham to be sole executrix of this my last Will and Testament so long as she shall remain my Widow but if she should marry again then it is my will and I hereby order and direct that an administrator with the Will [annexed?] should be appointed by the Surrogate having Jurisdiction of the matter to take the place of my said wife as such Executrix and who shall thereafter have the management and control of my said property and estate In witness whereof I the said Orange Ingraham the Testator have to this my last Will and Testament contained in this and the preceeding sheet of paper subscribed my name and affixed my seal this Fifth day of February 1876 hereby revoking all former Wills by me made. Orange his x mark Ingraham [LS] Subscribed and acknowledged by the said Testator Orange Ingraham in the presence of each of us who have subscribed our names as attesting witnesses thereto at the request of the said Testator adn the said Testator Orange Ingraham at the time of making such subscription and acknowledgment did declare this instrument so subscribed to be his last Will and Testament, and we have subscribed our names hereto in presence of said Testator, O.M. Westover Oxford, Chenango Co. NY C P. Hunt Oxford, Chenango Co. NY -------------------------------------------------------- Codicil to the foregoing Last Will and Testament of Orange Ingraham as follows: The said Joseph O Ingraham named in the said Last Will and Testament having received from me all the property and the part and portion of my property and estate to which he is entitled and which I intend he shall receive I do hereby after and revoke the third clause of said last Will and Testament and all other parts thereof which gives devises or bequeaths any part of said property or estate to said Joseph O Ingraham and herein and hereby declare it to be my will and desire that all of my said property and estate mentioned in said third clause of said last Will and Testament shall after the decease of my said wife or after she shall marry again as mentioned in said third clause shall be the property and belong to the said Job A Ingraham named in said [clause?] it being the design of this Codicil to give devise and bequeath to said Job A all my property and effects of every kind herebefore in said Last Will and Testament given devised and bequeathed to the said Joseph O. Ingraham and Job A. Ingraham In testimony whereof I the said Orange Ingraham the testator have to this Codicil of my said Last Will and Testament contained on this and the foregoing pages subscribed my name and affixed my seal this 28th day of April 1877 Orange his x mark Ingraham [LS] Subscribed and acknowledged by the said Testator Orange Ingraham in the presence of each of us who have subscribed our names as attesting witnesses thereto making such [subscription?] and acknowledgment did declare this instrument so subscribed by him to be a codicil to his last Will and Testament and we have subcribed our names hereto in the presence of said Testator O M. Westover Oxford Chenango Co NY { C.P. Hunt Oxford Chenango Co NY ------------------------------------------------------------ Chenango County SS: I hereby certify that the foregoing is a correct record of the last Will and Testament and codicil of Orange Ingraham deceased and of the proofs thereof and that said Will and proofs have been recorded this 15th day of May 1878 W.F. Jenks Surrogate