WILL: Charles Wilcox, New Hartford, Oneida, New York

submitted by Dave Mosbruger (dmosbruger@verizon.net)
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Source: sampubco.com
Oneida co NY Will Book Vol. 12 page 249
Written: 15 Jan 1853
Probated: 31 Oct 1853

Transcribed from SAMPUBCO photocopy by Dave Mosbruger.

Surnames: Barnes, Benedict, Lawrence (?), Lusk, Munson, Powell, Wilcox

At a Surrogate's Court, held at the Surrogate's Office in Clinton, in the
county of Oneida, on the thirty first day of October A.D. 1853, before O.J.
Williams, Esq., Surrogate of the said county, for the purpose of proving and
recording the last Will and testament of Charles Wilcox, late of the town of
New Hartford in the county of Oneida deceased, in pursuance of chapter sixth,
title first, article first, part second, of the Revised Statutes of the State
of New York, and of an Act entitled "An act concerning the Proofs of Wills,
Executors and Administrators, Guardians and Wards, and Surrogate's Courts,"
passed May 16, 1837, and other Acts concerning the same, on the application of
Louisa Wilcox in said Will named Executrix, and Moses Powell in said will
named Executor.

George W. Lusk, being duly sworn and examined in open court, testified that he
was acquainted with Charles Wilcox deceased, and had been for the last 8 years
immediately preceding his death, that he died in the month of October last
past, at New Hartford in the county of Oneida which was his last place of
residence at the time of his death; that he saw the said Testator sign
acknowledge that he signed the paper here offered, to be proved, recorded, and
admitted to probate as the last Will and Testament of the said deceased, on
the day the same bears date, (his seal having been previously affixed - line
crossed out) 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 Nathanial Barnes who also at the same time signed the same
as subscribing witness in the presence of the Testator and at his request, and
in the presence of this deponent, 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, and of full age and not
under restraint, and competent to devise real estate. I do not recollect about
the seal.

George W. Lusk

Nathanial Barnes, being duly sworn and examined in open court, testified that
he was well acquainted with Charles Wilcox deceased, and had been for the last
20 years immediately preceding his death; that he died in the month of October
last past, at New Hartford in the county of Oneida which was his last place of
residence a the time of his death; that he saw the said Testator sign
acknowledge that he signed the paper here offered to be proved, recorded and
admitted to probate, as the last Will and Testament of the said deceased on
the day the same bears date, (his seal having been previously affixed - line
crossed out) 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 George M. Lusk who also at the same time signed the same as
subscribing witness in the presence of the Testator and at his request, and in
the presence of this deponent that the said Testator at the time he so signed
the said W ill, 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, and of full age, and
not under restraint, and competent to devise real estate. I do not recollect
about the seal.

Nathanial Barnes

 The foregoing proofs and examinations having been taken before me, the
Surrogate aforesaid, at the time and place above mentioned, and the
dispositions of the respective witnesses having been by them respectively
subscribed after having been carefully read over to them; I, the said
Surrogate, being satisfied upon the said proofs and examinations 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 estate and not under restraint, do therefore allow the said Will
to be admitted to probate, as a Will of real and personal estate, and the said
Will, proofs, and examinations to be recorded.

Witness, Othniel S. Williams Surrogate as aforesaid, the thirty first day of
October 1853. 

Surrogate

Charles Wilcox

In the name of God amen   
I Charles Wilcox of the town of New Hartford County of Oneida, State of New
York being of sound and disposing mind and memory do make and publish this my
last will and testament in words following to witte  

First
I give and bequeath to my beloved wife Louisa Wilcox as her dower in my Estate
all of my and her {wearing apparel?}, all my household furniture to be
disposed of by her as she may deem best, also the use of three thousand
dollars during her natural life.

Second
I give and bequeath to Hosea Powell my gold watch

Third
I give and bequeath to my daughter Abby A. Powell Six hundred dollars

Fourth
I give and bequeath to my daughter Frances L. Munson the house and lot where
she and her husband now reside to have and to hold, valued at five hundred
dollars.

Fifth
I give and bequeath to my daughter Mira J. {Lawrence?} five hundred dollars.

Sixth
I give & bequeath to my daughter Mary E. Wilcox five hundred dollars $500

Seventh
I give and bequeath to my daughter Jane M Wilcox five hundred dollars

Eighth
I give & bequeath to my grand children Charles {U?} Benedict and Helen L
Benedict Two hundred & fifty dollar to each

Ninth
I order & direct my Executor & Executrix hereafter named to pay the above
named {legatees?} with in one year after my decease if they should sell my
farm before that time. If not I order them to pay it within two years and
interest after one year.

I also order them to sell and convey all of my real estate at such time as
they may deem best not to exceed two years after my decease

Tenth
If any thing should remain after paying my just debts, funeral charges, the
above named {legatees?} & provision is made for the amount the use of which I
have bequeathed to my wife Louisa. I order my Executor and Executrix to divide
it equally between my children above named.

Eleventh
After the decease of my wife Louisa it is my will that the three thousand
dollars that she has the use of shall be divided equally among my daughters
above named or their children.

I hereby appoint my wife Louisa Executrix and my son in Law Hosea Powell
Executor of this my last Will & Testament.

In witness whereof I have hereunto set my hand and seal this fifteenth day of
January in the year of our Lord one thousand eight hundred and fifty three.

Charles Wilcox, L.S.


Signed, sealed, published and delivered by the above named Charles Wilcox and
for his last Will and Testament in the presence of us who have hereunto
subscribed our names in the presence of the testator and in the presence of
each other.
George W. Lusk     New Hartford
Nathanial Barnes     New Hartford

State of New York
Oneida County
I Othniel S Williams Surrogate of said county do hereby certify the foregoing
to be the Record of the Last Will and Testament of Charles Wilcox deceased &
of the proofs and examinations taken thereon.
Surrogate