WILL: Cromwell Salisbury; NELSON, Madison co., NY surname: Salisbury, Aldrich, Greenwood, Hail, Hendrickson, Jennings, Lewis, Nye, Wells submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.4 Kb ************************************************ Source: Sampubco.com Madison co NY Will Book Vol. C page 348 Written: August 18, 1840 Recorded: November 12, 1849 WILL of CROMWELL SALISBURY s/o SAMUEL of NELSON Will of CROMWELL SALISBURY of NELSON, MADISON, N.Y. Transcribed by MARY ANN SALISBURY for SAMPUBCO Signed: 18 AUG 1840 ; Proved: 12 NOV 1849 Surrogate: JUDGE JAMES W. NYE of HAMILTON, Witness: JOHN P. LEWIS Witness: LEVI P. < GREENWOOD > Executor: GEORGE WELLS of NELSON, NY Wife: DEBORAH SALISBURY, nee HENDRICKSON Daughter: PRUDENCE, Mrs. CLINTON H. JENNINGS Daughter: LURETTA SALISBURY Daughter: JANE SALISBURY Daughter: MELVINA SALISBURY Son: JOHN M. SALISBURY Son: HORACE SALISBURY, he married WEALTHA W. Son: SAMUEL SALISBURY Son: OLIVER H. P. SALISBURY, married JULIA ALDRICH Grandson: HOMER CROMWELL SALISBURY Father: SAMUEL SALISBURY, deceased, of NELSON, NY THANK YOU to JUDY EMRY and DIANE STILES for sharing their SALISBURY Family Research CROMWELL SALISBURY: SURROGATES COURT –MADISON COUNTY S.S. In the matter of proving the Last Will and Testament of CROMWELL SALISBURY, deceased Before JAMES W. NYE, JUDGE of MADISON COUNTY at his Office in the Village of HAMILTON in said County on the 12th day of NOVEMBER 1849. Be it remembered that on the 12th day of NOVEMBER A.D. 1849 the Last Will and Testament of CROMWELL SALISBURY late of the Town of NELSON in the County of MADISON deceased was by the said County Judge <_________> and allowed as a <________> and valid will and that said will and the proofs taken in respect to the same are here recorded as follows: (WILL) THE LAST WILL AND TESTAMENT OF CROMWELL SALISBURY OF NELSON, MADISON COUNTY AND STATE OF NEW YORK “ I, CROMWELL SALISBURY, considering the uncertainty of this mortal life, and being of sound mind and memory, (blessed be Almighty God for the same), do make and publish this my Last Will and Testament in manner and form following: FIRST: I resign my Soul to the hands of Almighty God, hoping and believing in the of my sins by the <_________> and blood of Jesus Christ, and my body I commit to the Earth to be buried at the discretion of my Executor hereinafter named, and my worldly estate I give and devise as follows: SECOND: My will is that my Beloved WIFE DEBORAH SALISBURY be <_____________> of one third of my personal property which shall <______> <______> disposal and also one third of my Freehold estate during her natural life <______> use of the same in lieu of her Dower and after her death to be disposed of with the rest of my property as I shall hereinafter name. THIRD: I give and bequeath to my DAUGHTER PRUDENCE JENNINGS fifty dollars. FOURTH: I give and bequeath to my DAUGHTER LURETTA SALISBURY fifty dollars. FIFTH: I give and bequeath to my FOUR SONS viz: JOHN M. SALISBURY, HORACE SALISBURY, SAMUEL SALISBURY and OLIVER SALISBURY five dollars each. SIXTH: I give and bequeath to my GRANDSON CROMWELL SALISBURY twenty dollars. The above legacies and gifts to PRUDENCE JENNINGS, LURETTA SALISBURY, JOHN M. SALISBURY, HORACE SALISBURY, SAMUEL SALISBURY and OLIVER SALISBURY, I will to be paid them in one year after the death of my WIFE DEBORAH SALISBURY without any interest, and the twenty dollars given to HOMER CROMWELL SALISBURY to be paid him when he shall arrive to the age of twenty one years if my WIFE DEBORAH SALISBURY shall be dead, but if she shall be living when he shall arrive to the age of twenty one years, Then in such case he is to be paid in one year after her death without interest. SEVENTH: After paying the legacies as I have hereintofore stated and after the death of my Wife AND THE PAYMENT OF MY DEBTS the remainder of my property, both real and personal, of every kind and nature which is situate in the Town of Nelson or in any other place (Excepting My Claim To MY FATHER’S ESTATE) and the interest and rents of the same from the time of my death until they shall come in <________> of the same, I give and bequeath to My Two YOUNGEST DAUGHTERS, JANE SALISBURY and MELVINA SALISBURY, equally divided between them, <______> one to the other and THEIR HEIRS forever. EIGHTH: I will that in case anything shall fall to me from the ESTATE of SAMUEL SALISBURY MY FATHER Who is now DECEASED, I order it to be divided equally between MY FOUR DAUGHTERS PRUDENCE JENNINGS, LURETTA SALISBURY, JANE SALISBURY and MELVINA SALISBURY equally. And I do hereby appoint MY TRUSTY FRIEND GEORGE WELLS of the Town of Nelson EXECUTOR of this my Last Will and Testament, and my will is that my said Executor shall not be charged with any more of the aforesaid property or estate <_______> <______> or they shall actually or shall come to his hands by virtue of this my will. And finally, all my estate after paying my debts, funeral expenses and the cost of executing this my last will, I order to be disposed of according to the of this my last will. AMEN. The words (and the payment of my debts) thirty fifth line from the top, noted and underlined before signing. In witness whereof, I have hereunto set my hand and seal this EIGHTEENTH DAY OF AUGUST, ONE THOUSAND EIGHT HUNDRED AND FORTY. CROMWELL SALISBURY (L.S.) The instrument consisting of two sheets was at the date thereof declared to be by the Testator CROMWELL SALISBURY to be his Last Will and Testament and he then acknowledged to each of us that he had subscribed the same, and we at his request sign our names heretofore as attesting witnesses. LEVI P. , Town of NELSON, County of MADISON JOHN P. LEWIS, Town of NELSON, County of MADISON (DEPOSITIONS OF WITNESSES) LEVI P. of NELSON in the County of MADISON being duly sworn and examined before JAMES W. NYE, JUDGE of the COUNTY of MADISON doth depose and say that he was well acquainted with CROMWELL SALISBURY now deceased, that he was present as a witness and did see the said CROMWELL SALISBURY subscribe his name at the end of the instrument in writing now produced and shown to this deponent bearing date the EIGHTEENTH DAY OF AUGUST 1840 purporting to be the Last Will and Testament of the said CROMWELL SALISBURY deceased That the said SALISBURY at the time of making the said subscription declared the said instrument to be his Last Will and Testament and requested this deponent to sign his name as a witness thereto. Thereupon this deponent accordingly signed his name as a witness at the end of the said instrument. This deponent further says that the said CROMWELL SALISBURY 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 this deponent saw JOHN P. LEWIS of the Town of NELSON sign the said instrument at the end thereof as a witness in the presence of the said CROMWELL SALISBURY and at his request. LEVI P. Sworn and subscribed before me this 12th DAY OF NOVEMBER 1849. JAMES W. NYE, JUDGE OF MADISON COUNTY JOHN P. LEWIS of the Town of NELSON and County of MADISON being duly sworn and examined before JAMES W. NYE, JUDGE of the COUNTY of MADISON doth depose and say that he was well acquainted with CROMWELL SALISBURY now deceased, that he was present as a witness and did see the said CROMWELL SALISBURY subscribe his name at the end of the instrument in writing now produced and shown to this deponent bearing date the EIGHTEENTH DAY OF AUGUST 1840 purporting to be the Last Will and Testament of the said CROMWELL SALISBURY deceased That the said SALISBURY at the time of making the said subscription declared the said instrument to be his Last Will and Testament and requested this deponent to sign his name as a witness thereto. Thereupon this deponent accordingly signed his name as a witness at the end of the said instrument. This deponent further says that he saw LEVI P. of the Town of NELSON sign the said instrument at the end thereof as a witness in the presence of the said CROMWELL SALISBURY and at his request and that he has <_______> <_______> the deposition of LEVI P. <_______> <_______> from his <_______> with the said in the <_______> of executing, publishing and attesting of said will and further says not. JOHN P. LEWIS Sworn and subscribed before me this 12th DAY OF NOVEMBER 1849. JAMES W. NYE, JUDGE OF MADISON COUNTY MADISON COUNTY S.S.: It appearing from the proofs taken in respect to the Last Will and Testament of CROMWELL SALISBURY, late of NELSON in the County of MADISON deceased, That said will was duly executed and that the said Testator at the time of executing the same was in all respects competent to make a Last Will and Testament and not under restraint. The said Will and the said Proofs are hereby recorded, signed and certified in accordance with the provisions of the revised statutes. This 12th DAY OF NOVEMBER 1849. JUDGE OF MADISON COUNTY