WILL: Jacob Tuckerman; Ausable, Clinton co., NY surname: Tuckerman, Fisk, Brown, Gay, Bigelow, Mercott submitted by Lorna Dunklee (ldunklee1 at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: December 5, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.3 Kb ************************************************ Source: sampubco.com Clinton County, Ny Will Book C, Page 164 Written: September 13, 1851 Recorded: February 6, 1852 Transcribed From Sampubco By Lorna Dunklee JACOB TUCKERMAN'S WILL Be it remembered that on the fifteenth day of January in the year one thousand eight hundred and fifty two, Mary J. Tuckerman executrix named in the last will and testament of Jacob Tuckerman late of the town of Ausable in the county of Clinton, deceased, appeared in open court before the County Judge for said county and made application in writing and upon oath to have the said last will and testament which relates to both real and personal estate proved; and on such application the said County Judge did ascertain by satisfactory evidence who were the heirs and next of kin of the said Testator and their respective residences, and that all of them were of lawful age, and the said County Judge did thereupon issue a citation in due form of law directed to the said heirs and next of kin by their respective names and stating their respective places of residence requiring them to appear at the office of the said County Judge in the Court House in the village of Plattsburgh on the sixth day of February then next at ten o'clock in the forenoon of that day and attend the probate of the said will; at which last mentioned day satisfactory evidence by affadavit was produced and presented to the said County Judge of the service of the citation in the mode prescribed by law upon each of the said heirs and next of kin, and on that day no one appearing to oppose the probate of such will such proceedings were thereupon afterwards had that said County Judge took the proof of said will hereinafter set forth on the said sixth day of February in the year aforesaid and adjudged 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 The last will and testament of Jacob Tuckerman of the town of Ausable in the county of Clinton and State of New York. I Jacob Tuckerman in view of the uncertain duration of human life, being now in the enjoyment of sound mind and memory do make publish and declare this my last will and testament, hereby revoking all former wills by me made. I. I do direct and appoint that after my decease all my debts (if any) and funeral charges shall be paid out of my personal estate by my executors hereinafter named. II. I give and bequeath unto my beloved wife Mary J. Tuckerman formerly Mary J. Fisk the sum of five hundred dollars to be paid to her by my executors on the first day of October one thousand eight hundred and fifty two in case of my prior decease, but otherwise to be paid to her by my executors within one year after my decease. And I further give and bequeath unto my aforesaid wife Mary J. Tuckerman all my household furniture which I may own or be possessed of at the time of my decease, and all my library and all her wearing apparel and ornaments and all the provisions which I may have on hand at the time of my decease. And the foregoing bequests to my said wife Mary J. Tuckerman are hereby expressly limited and intended to be in lieu of dower in my estate or an any and every part thereof and are to be accepted by her in lieu of dower [??] otherwise. III. I give and bequeath to my son Jacob Tuckerman four hundred dollars to be paid to him within one year after my decease by my executors hereinafter named with interest after my decease. IV. I give and bequeath and devise unto my daughter Elmina Brown of Eaton in the county of Madison, a house and lot of about one acre of land with the appurtenances situate in said town & county last named being the same formerly purchased by me of Charles Tyler; and I also give bequeath and devise unto my said daughter Elmina Brown all of the following described lot, piece or parcel of land situate in the town of Eaton and County of Madison and State of New York to wit: Beginning on the Plank Road running northerly on the east line of lot seventy seven [77] to the North line of said lot. Thence westerly on the north line of said lot seventy seven [77] to Jacob Tuckerman Jun's East line, thence southerly on said Tuckerman's line to George Mercott's land, thence easterly to said Mercott's east line, thence southerly on said Mercott's east line to the Plank Road, thence easterly along the said Plank Road to the place of beginning. Also all that [lot??] or piece of land situate in the town county and State aforesaid and described as follows. Beginning at the south corner of Lot No. sixty four, thence west forty rods thence north forty rods, thence east forty rods to the east line of lot, thence south forty rods to the place of beginning. The above piece of land containing about forty nine acres of land more or less and is the same land described in a [unreadable] deed executed by John A. Brown and Elmina Brown to me, dated September 8, 1851 including the exception in said Deed. V. I give and bequeath to the said John A. Brown of Eaton aforesaid the sum of four hundred dollars to be paid to him within one year from the time of my decease with interest from the time of my decease. VI. And as to the rest, residue and remainder of my estate both real and personal of which I may die possessed, I give bequeath and devise the same to my son Abraham Tuckerman & heirs forever. VII. Lastly I appoint my beloved wife the said Mary J. Tuckerman executrix and my son Abraham Tuckerman executor of this my last will & testament in witness whereof I have hereunto set my hand and seal this 13th day of September in the year of our Lord one thousand eight hundred & fifty one. Jacob Tuckerman [L.S.} The above instrument consisting of one sheet was on the day of the date thereof with the interlineation of the word "son" signed sealed published and declared by the said Jacob Tuckerman as and for the last will and testament of said Jacob Tuckerman the testator therein mentioned. And thereupon at his request and in his presence and in the presence of each other signed our names thereto as attesting witnesses. Jesse Gay, Residing at Clintonville, Clinton County, N.Y. Samuel Bigalow, Residing at Clintonville, Clinton County, N.Y. In [unreadable] Court: Clinton County In the matter of proving the last will and testament of Jacob Tuckerman deceased Clinton County ss: Jesse Gay of Ausable in said county being duly sworn says that he was personally well acquainted with Jacob Tuckerman late of Ausable in said county now deceased, that the instrument in writing now here produced and shown to this deponent bearing date the thirteenth day of September one thousand eight hundred and fifty one purporting to be the last will and testament of the said Jacob Tuckerman is in the handwriting of this deponent-except as to the signature of the said Jacob Tuckerman, which signature is in the proper handwriting of the said Jacob Tuckerman; that this deponent was present as a witness and saw him subscribe the said instrument and affix his seal thereto; and the said Jacob Tuckerman at the same time declared the said instrument to be his last will and testament and requested this deponent to sign his name as a witness thereto, and thereupon this deponent accordingly signed his name as a witness at the end of the said instrument and that he saw Samuel Bigelow subscribe his name thereto. This deponent further says that the said Jacob Tuckerman at the time he executed the said instrument was a citizen of the United States, of full age, of sound mind and memory in all respects competent to devise real estate and not under restraint and further saith not. Jesse Gay Subscribed & sworn before me this 6th day of Feb. 1852 Thos. B. Watson, County Judge In The Same Matter: -- Clinton County ss: Samuel Bigelow of Ausable in said county being duly sworn says that he was personally well acquainted with Jacob Tuckerman late of Ausable in said county now deceased, that the instrument in writing now here produced and shown to this deponent bearing date the thirteenth day of September one thousand eight hundred and fifty one purporting to be the last will and testament of the said Jacob Tuckerman was subscribed by the said Jacob Tuckerman in the presence of this deponent, that at the time of so subscribing said instrument he declared it to be his last will and testament and requested this deponent to sign his name as a witness thereto, and thereupon this deponent accordingly signed his name as a witness at the end of the said instrument. This deponent further says that the said Jacob Tuckerman 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 competent to devise real estate and not under restraint and further this deponent says not. Samuel Bigelow Sworn this 6th Feb. 1853 before me Thos. B. Watson, County Judge Clinton County ss: It appearing from the proofs duly taken in respect of the last will and testament of Jacob Tuckerman late of the town of Ausable in said county deceased that the said will was duly executed, and that the said Jacob Tuckerman at the time he executed the same was in all respects duly 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 Review Statutes, this sixth day of February in the year of our Lord one thousand eight hundred and fifty two. Thos. B. Watson County Judge