WILL: Johannes C Young; Sullivan, Madison co., NY surname: Young, Ehle, Shaver, Scouten submitted by Mike Millson (mgm34 at cornell.edu) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 11, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 12.1 Kb ************************************************ Source: sampubco.com Madison Co. New York Will Book Vol. C Page 388 Written: September 7 1841 Recorded: May 28 1850 Transcribed from SAMPUBCO copy by Mike Millson Judge of Madison County Surrogates Court Madison County In the matter of Proving the last Will and Testament of Johannes C Young deceased. Before James W Nye Judge of Madison County at the Court House in the Village of Morrisville in said County on the 28th day of May 1850. Be it remembered that on the application of Christian Young one of the executors of the last Will and Testament of Johannes C Young late of Sullivan in the County of Madison deceased to have said Will proved. such proceedings were thereupon afterwards had in accordance with the several statutes in such case made and provided that the said County Judge took the proof of the Will hereinafter set forth on the 28th day of May 1850. by an order duly made and entered bearing date the day and year aforesaid approved and established said Will as a just and valid Will of Real and Personal Estate and allowed the same to be admitted to Probate and with the proofs and examinations taken in respect to the same to be Recorded, which said Will and proofs are as follows. (Will) In the name of God Amen. I Johannes C Young of the town of Sullivan in the County of Madison and state of New York Farmer do make and publish this my last Will and Testament in manner following that is to say. First - I give and bequeath to my beloved wife Mary Elizabeth for and during her material life the use of my weavers loom and of the stove now set up in my dwelling house and also the use of one good horse together with my single horse pleasure wagon, sleigh and harness. I further give and bequeath to her all the rest and residue of my household furniture including beds and bedding to be at her own disposal and also the sum of forty dollars and sixteen pounds of wool per annum. to be paid in yearly payments from and after my decease (if she shall demand the same.) as follows. that is to say: ten dollars per year by my son Peter and his wife Maria. ten dollars per year by my son Christian. ten dollars and 16 pounds of wool by my son John. and five dollars per year by each of my two daughters Catherine and Elizabeth. which said annual payments I hereby direct and request my said children annually to make to their mother for and during her natural life. if she shall demand the same. I also give and bequeath to my said wife during her natural life the exclusive use and occupation of the south front room in my dwelling house and the bed room adjoining the same. also of the orchard and half of the garden on the north side of the said house. I also give her two good milck cows and I do hereby will and direct that my sons Christian and John shall furnish and provide my said wife with necessary food, wearing apparel and fire wood for and during her natural life if she shall demand the same at any time after my decease. These several bequests to my wife are made in lieu of Dower. Secondly - I give to my son Peter and Maria his wife for and during their natural lives the use and occupation of the farm purchased by me of Samuel Nichols in the town of Fenner County of Madison and containing about ninety four acres of land, and after their decease I give and devise the said farm to the children of the said Peter and Maria their heirs and assigns forever. Thirdly - I give and devise unto my son Christian his heirs and assigns all that part of my land bought of Benjamin Smith and his wife being part of Lot No. eleven in the late Oneida Reservation and lying on the west side of the road leading to Cazenovia. also one acre of land purchased by me of John lying on the east side of said road. and also four acres of the north half of Lot No. 17 in said reservation purchased by me of Oliver Clark. to be set off from the Northwest corner of the same in the form of a parallelogram having for its longest sides the space between the said Northwest corner and the end of the stone wall constructed by my said son Christian on the North line of said lot No. 17. Fourthly - I give and devise to my daughter Catherine her heirs and assigns the twenty five acres of land which I bought of Joseph Hall being part of Lot No. 23 in the mile strip so called in the town of Cazenovia. also fourteen acres of the piece of land part of Lot No. 17 in the late Oneida Reservation purchased by me of John Rickart to be set off by a line parallel with the south line of said lot and adjoining to the above twenty five acres. Fifthly - I give and devise to my son John his heirs and assigns all the residue of the land purchased by me of John Rickart supposed to contain about fifty acres after taking off the fourteen acres above devised to my daughter Catherine. Also all the land I purchased of Oliver Clark being about one hundred and twenty five acres and known as the north half of Lot No. 17 in the late Oneida Reservation excepting thereout however the four acres above devised to my son Christian. I also give and devise to my son John his heirs and assigns the house and two acres of land which I bought of Joseph Lipe upon condition that within two years after my decease he pays to my son Christian and my daughters Catherine and Elizabeth each the sum of fifty dollars, and if he does not think proper to pay them the said sums, then it is my will that the said house and two acres of land shall be divided equally between the said John and the said Christian, Catherine and Elizabeth their heirs and assigns. I likewise give and bequeath to my son John the stove now in use in my dwelling house after his mother's decease and I hereby will and direct my said son John to repair and keep in place the said stove for the use of his mother during her life and to keep one horse and two cows for her own exclusive use and benefit for and during her natural life so long as she shall require him to keep the same. Sixthly - The advancements which I have heretofore made to my daughter Elizabeth through my son John and otherwise being estimated by me about equal in value to the lands above devised to my daughter Catherine I do hereby ratify and confirm the said advancements to her and her heirs and I do hereby release and discharge her from the responsibility which now rests upon her of paying to my daughter the sum of one hundred dollars after my decease. Seventhly - I give and bequeath all the rest and residue of my property of whatever kind or nature the same may be to my sons Christian and John and my daughters Catherine and Elizabeth to be divided equally between them their heirs and assigns. It is my intention and I do hereby will and direct that the lands devised by this Will to my respective children above named shall be charged with the payment of the sums of money and bequests made and herein before directed to be paid to my beloved wife Mary Elizabeth. Lastly - I do hereby appoint my son Christian and my friend William K Fuller executors of this my last Will and Testament hereby revoking all former wills by me made. In witness whereof I now hereunto set my hand and seal this seventh day of September in the year of our Lord one thousand eight hundred and forty one. Johannes C Young (L.S.) Signed sealed published and declared by the Testator to be his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses. Samuel Fuller of Sullivan Perry O Weaver of Sullivan (Depositions of Witnesses) Samuel Fuller of Sullivan in the County of Madison being duly sworn and examined before James W Nye Judge of said County doth depose and say that he was well acquainted with Johannes C Young now deceased that he was present as a witness and did see the said deceased subscribe his name at the end of the instrument in writing now produced and shown to this deponent. bearing date the seventh day of September 1841. purporting to be the last Will and Testament of the said Johannes Young deceased. That the said deceased at the time of making said subscription declared the said instrument to be his last Will and Testament and requested this deponent to sign his name at the end thereof as a witness. Thereupon this deponent accordingly signed his name as a witness at the end of the said instrument as a witness. This deponent further says that the said deceased at the time of executing said instrument was a citizen of the United States of full age of sound mind and memory and in all respects competent to make a last Will and Testament and not under restraint and that this deponent saw Perry O Weaver of Sullivan sign the said instrument at the end thereof as a witness in the presence of the said deceased and at his request and that the said Will is now in all respects the same as when first executed. Samuel Fuller Subscribe and Sworn to before me this 28th day of May 1850. James W Nye Judge of Madison County Perry O Weaver of Sullivan in the County of Madison being duly sworn and examined before James W Nye Judge of said County doth depose and say that he was well acquainted with Johannes Young now deceased. That he was present as a witness and did see the said deceased subscribe his name at the end of the instrument in writing now produced and shown to this deponent purporting to be the last Will and Testament of the said deceased. That the said deceased at the time of making said subscription declared the said instrument to be his last Will and Testament and requested this deponent to sign his name at the end thereof as a witness. Thereupon this deponent accordingly signed his name at the end of the said instrument. This deponent further says that he has heard read the foregoing deposition of Samuel Fuller and that he fully agrees with said Fuller in the manner of executing attesting and publishing the said last Will and Testament and that he saw the said Fuller sign the said instrument at the end thereof as a witness in the presence of the Testator and at his request and that said Will is now in all respects the same as when executed. Perry O Weaver Subscribe and Sworn to before me this 28th day of May 1850. James W Nye Judge of Madison County Madison County. It appearing from the proofs taken in respect to the last Will and Testament of Johannes C Young late of Sullivan in the County of Madison deceased, that said Will was duly executed according to law and that said Testator was at the time of executing the same in all respects competent to dispose of his estate by Will and not under restraint. the said Will and other said proofs are hereby recorded signed and certified by me according to the provisions of the Revised Statutes this 28th day of May 1850. Additional Comments: Johannes C Young married Mary Elizabeth Ehle. Johannes C Young is buried with his wife in a farm cemetery located on the west side of East Lake Rd, Cazenovia, NY, just south of the Sullivan town line. It is located inside a fence and cannot be seen easily from the road. I believe the gentleman referred to as John Rickart is actually John Rickard. John Young married Abigail Shaver, a neighbor girl. The Shaver home no longer exists. It was located on the west side of Cheese Factory Rd in the town of Cazenovia, NY, just south of the Sullivan town line. Catherine Young married Moses Scouten, a neighbor girl. The Scouten home no longer exists. The house at 5743 East Lake Rd, Cazenovia, NY, is built on top of where the Scouten home once stood. milck is not a typo; it is how it appears in the record. L.S. = locus sigilli (the place of the seal).