WILL: Joshua A. Spencer; Utica, Oneida co., NY surname: Spencer, submitted by Barbara Walker (barbeww @ yahoo.com) ************************************************************************ 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/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Barbara Walker Oneida co NY will book vol. 13 page 10 Will of Joshua A. Spencer, Utica, Oneida County, New York In the name of God Amen I Joshua Austin Spencer of the city of Utica in the State of New York Counsellor at Law being though of feeble strength yet of sound & disposing mind & memory do make ordain publish & declare this my last will & testament as follows Item I order & direct that all my just debts & funeral expenses be paid by my Executors hereinafter named as soon as may be after my decease Item All the rest residue & remainder of my estate real & personal whatsoever & wheresoever situate I give devise & bequeath to my beloved wife Electa her heirs & assigns forever in fee simple absolute Not doubting that in respect to my estate which may remain after the death of my said wife she will do right Item In case my said wife should not survive me I give devise & bequeath all my estate aforesaid to my children equally to be shared by them in the same manner & in the same proportion as the same would have divided or been distributed had I died intestate Item I hereby appoint my said wife Executrix & my son Hamilton Executor of this my will hereby authorising & empowering my said Executors or the survivor of them from time to time to sell & convey the whole or any part of the real estate of which I may die seized in fee simple as they or such survivor may judge to be wise Thereby I revoke & annul all former wills & testaments made by me In witness whereof I have hereto set my hand & seal to this my testament written on the two preceding pages this twenty third day of April one thousand eight hundred & fifty seven J A Spencer Signed sealed published & declared as & for his last will & testament by the said Joshua A. Spencer in the presence of us who have in his presence & at his request & in the presence of each other subscribed our names as witnesses thereof the day & year first above written the said testator being of sound & disposing mind & memory F Kernan of Utica N.Y M M Bagg of Utica N.Y State of New York } Oneida County } I Henry M Burchard Surrogate of said do hereby certify the foregoing to be the Record of the last will and testament of Joshua A Spencer deceased and of the proofs and examinations thereon Henry M Burchard Surrogate Joshua A. Spencer At a Surrogate's Court, held at the Surrogate's Office in Utica, in the County of Oneida on the 26 day of May A. D. 1857, before Henry M. Burchard Esq. Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of Joshua A Spencer late of the city of Utica 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 Hamilton and Electa Spencer in said Will named Executor and Executrix Francis Kernan being duly sworn and examined in open court, testified that he was well acquainted with Joshua A. Spencer deceased, and had been for the last 20 years immediately preceding his death; that he died in the month of April last past, at Utica 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 the paper here offered, to be proved, recorded, and admitted to probate as the last Will and Testament of the said [blank line] 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 M M___ Bagg 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, [blank line] 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. Francis Kernan M M___ Bagg being duly sworn and examined in open court, testified that he was well acquainted with Joshua A. Spencer deceased, and had been for the last 20 years immediately preceding his death; that he died in the month of April last past, at Utica 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 the paper here offered, to be proved, recorded, and admitted to probate as the last Will and Testament of the said [blank line] 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 Francis Kernan 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, [blank line] 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. M M Bagg and thereupon said matter was adjourned to the 27 Day of May inst at 3 P.M. at the Surrogate's office in Clinton at which time & place The foregoing proofs and examinations having been taken before me, the Surrogate aforesaid, at the time and place above mentioned, and the depositions 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; and 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, Henry M Burchard Surrogate as aforesaid, the 27 day of May 1857 Henry M Burchard Surrogate