WILL: William Dominick; Greig, Lewis county, New York surname: Dominick submitted by Paul Nance (nancep @ crisny.org) ************************************************************************ 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.org/ *********************************************************************** Transcribed from SAMPUBCO photocopy by Paul Nance Lewis County Will Book Vol. D page 722 At a Surrogate's Court held at Lowville July 22nd 1861 in and for the County of Lewis: Present Henry E. Turner Lewis County Judge In the matter of Proving the Last Will and Testament of William Dominick deceased Be it remembered that on the eighth day of June John F. Dominick, one of the executors named in the last will and testament of Wm. Dominick late of Greig Lewis County deceased, appeared in open court before the Lewis County Judge and presented his petition duly verified praying that said last will of said testator which related to both real and personal estate might be admitted to probate and letters testamentary issued thereon and on such application said Judge did ascertain by satisfactory proof the names and respective places of residence of the heirs at law and next of kin of said testator. And it appearing that Francis Dominick, one of the heirs at law, was a minor having no general guardian an order was duly made by said County Judge appointed Hen. Fr. Seger the Special guardian of said minor as provided by law. And said Judge being satisfied as to the truth of such application for probate, an order was thereupon by him duly made that a Citation issue out of and under the Surrogates seal of said County requiring said heirs and next of kin and said Special guardian to appear before said County Judge on the 22nd day of July 1861at 10 o'clock to attend the probate of said will. On the day and at the place aforesaid, the executors of said last will appeared in open court and produced said will and satisfactory evidence of the service of said Citation in due form as did also said Special Guardian and no one opposing said Judge did hear the proofs of the execution and validity of said will and being satisfied as to its proper execution and validity did adjudge the same to be a valid will relating to real and personal estate of said testator and the proofs thereof to be sufficient and direct that the same be admitted to probate and recorded as the last will of said testator. Said testimony and last will are herewith recorded as follows to wit: Lewis County SS: Francis Seger of the town of Greig in the county of Lewis being duly sworn and examined in open court testified that he was well acquainted with William Dominick deceased and had been for the last thirty years immediately preceding his death that he died in the month of April last past at Greig in the county of Lewis which was his place of residence at the time of his death that he saw the testator sign the paper here offered to be proved recorded and admitted to probate as the last will and testament of the said William Dominick deceased on the day the same bears date (the seal having been previously affixed) that this deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at his request and in the presence of Alexander Hess who also at the same time signed the same as a subscribing witness in the presence of the Testator and at his request and in the presence of the deponent Francis Seger. That the said testator at the time he so signed the said will then and there in the presence of this deponent and in the presence of the other subscribing witness published and declared the same as and for his last will and testament and this deponent further says that the said Testator at the time he so signed published and declared the same as aforesaid was of sound and disposing mind and memory of full age and not under restraint and capable of devising real and personal estate. Fr. Seger Sworn to in open court before me July 22nd 1861 Henry E. Turner Lewis Co. Judge Lewis County SS: Alexander Hess of Greig being duly sworn and examined in open court testified that he was well acquainted with Wm. Dominick deceased and had been for the last thirty years immediately preceding his death that he died in the month of April last past at Greig in the county of Lewis which was his place of residence at the time of his death that he saw the Testator sign the paper here offered to be proved recorded and admitted to probate as the last will and testament of the said Wm. Dominick deceased on the day the same bears date (the seal having been previously affixed) that this deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at his request and in the presence of Hen. Fr. Seger who also at the same time signed the same as a subscribing witness in the presence of the Testator and at his request and in the presence of the deponent Alex. Hess. That the said testator at the time he so signed the said will then and there in the presence of this deponent and in the presence of the other subscribing witness published and declared the same as and for his last will and testament and this deponent further says that the said Testator at the time he so signed published and declared the same as aforesaid was of sound and disposing mind and memory of full age and not under restraint and capable of devising real and personal estate. Alexander Hess Sworn to in open court before me July 22nd 1861 Henry E. Turner Lewis Co. Judge The foregoing proofs and examinations take before me the County Judge aforesaid at the time and place first mentioned and the depositions of the respective witnesses were by them respectively subscribed after having been carefully read over to them and I the said County Judge being satisfied upon the said proof taken that the said will is genuine and valid and was duly executed that the said Testator at the time of executing the same was in all respects competent to devise real and personal estate and not under restraint do allow the said will to be admitted to probate and the said will proofs and examinations to be recorded. Witness Henry E. Turner County Judge aforesaid the day and year aforesaid. Henry E. Turner Lewis County Judge Will I, William Dominick, of the town of Greig in the county of Lewis being of sound and disposing mind memory and understanding, Blessed be God for the same, do hereby make publish and declare this to be my last will and testament in manner and form following that is to say: I will and direct that all my just and legal debts be paid in the manner hereinafter provided and that my funeral charges and debts if any for the payment of which no provision is herein made be paid by my executors herein named out of my personal property as soon after my decease as conveniently may be. I give and bequeath to my beloved wife Elizabeth all of my personal property of every name and description as and for her sole separate and exclusive property, subject only to the foregoing contingent liability for my debts and I give and devise to my said wife for and during the period of her natural life the use income rents and profits of one third of all the real estate of which I die seized containing about two hundred and sixty seven acres being in two parcels or farms. I give and devise to my said wife the use and possession of my dwelling house and outhouses on my homestead farm with the privileges and appurtenances thereunto belonging for and during the period of her natural life or marriage whichever event shall happen first and I do will and declare that the desires and bequests herein before made to my said wife are by me meant and intended to be in lieu for and satisfaction of all claims demands and rights of dower and thirds whatsoever. Item. Having conveyed to my son David by deed his share or portion of my estate I do hereby give and devise to my son John Frederick and to his heirs and assigns for ever Sixty five acres of land bounded as follows: Fifty acres thereof bounded on the south by the south line of lot No 163 Brantingham Tract on the east by the east line of said lot on the west by the farm of Alexander Hess and on the north by a line parallel with said south line and so far therefrom as to include said fifty acres and fifteen acres thereof bounded as follows: on the south by the last aforesaid fifty acres on the east by the east line of the said lot No 163 and on the north by the highway running easterly and westerly by my dwelling house and on the west by a line parallel to the east line of said lot No. 163 and so far therefrom as to embrace said fifteen acres making in all said sixty five acres subject however to the payment by my said son John F. of a certain mortgage to the commissioners of Loans of Lewis County on the farm of fifty seven acres part of lot No. 773 Brantingham Tract executed by Anthony Van Aernam which was conveyed to me subject to said mortgage and on which there remains due and unpaid about one hundred and ninety dollars of principal and subject also to the payment to my executors hereinafter named of the sum of fifty dollars which said fifty dollars is to be applied to the payment of my debts and funeral charges and I make the payment of the said mortgage and of the said fifty dollars a charge and lien upon the devise aforesaid to my said son John Frederick. I give and devise to my son Charles all that part of my homestead farm lying north of the road running easterly and westerly through said farm embracing fifty acres of land and bounded as follows. Beginning at a point in the centre of said road four rods east of the east line fence of the garden adjoining my dwelling house on the east side thereof thence north fifteen rods thence by a right angle east or west so far that by running a line due north to the centre of Fish Creek thence up along the centre of said Creek to the east line of lot No 146 Brantingham Tract thence south along said east line to the centre of the road leading to my said dwelling house thence westerly along the centre of said road to the place of beginning will make said fifty acres of land to him the said Charles his heirs and assigns forever. And I give and devise to my son Francis his heirs and assigns forever all the remainder of my said homestead farm lying north of said road running easterly and westerly through said farm being fifty acres more or less bounded on the east by the aforesaid fifty acres devised to my son Charles, North by the centre of Fish Creek west by the farm of Simon Springsteen and South by said road. Item. I give and devise to my four daughters Amanda, Louise, Elmira Ann and Henrietta all the residue and remainder of my real estate to them their and each of them and their heirs and assigns forever to be equally divided among them each being entitled to the equal undivided fourth part thereof. And lastly I do hereby nominate and appoint my sons David and John F. executors of this my last will and testament hereby revoking all and every former will by me made. In witness whereof I have hereunto set my hand and seal this seventh day of April One thousand eight hundred and sixty one. Wm. Dominick Signed, sealed, published and declared by the testator aforesaid on the day of the date thereof to be his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses. Fr. Seger Greig Lewis Co. Alexander Hess Greig Lewis Co. Lewis County SS. Recorded the preceding last will and testament of Wm. Dominick deceased as a will relating to real and personal estate together with the proofs taken in Surrogates Court of Lewis County relating to said Will and Testament which said record is hereby signed and certified by me pursuant to the statutes of the State of New York this 22nd day of July AD 1861. Henry E. Turner Lewis County Judge