WILL: Asahel Wilcox; Vernon, Oneida, New York submitted by Dave Mosbruger (dmosbruger at verizon.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/oneida/wills/v13/wilcox-asahel.txt *********************************************************************** Source: sampubco.com Oneida co NY Will Book Vol. 13 page 25 Written: 18 Apr 1854 (or 1853) Probated: 16 Feb 1854 (or 1855) Transcribed from SAMPUBCO photocopy by Dave Mosbruger. Surnames: DeVotie, Griswold, McEntosh, Pillips, Wilcox At a Surrogate's Court, held at the Surrogate's Office in Clinton, in the County of Oneida, on the 16 day of February A.D. 1854, before Henry M Burchard Esq., Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of Asahel Wilcox late of the town of Vernon 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 Philo Griswold in said Will named Sole executor. Ralph McEntosh being duly sworn and examined in open court, testified that he was well acquainted with Asahel Wilcox deceased, and had been for the last 12 years immediately preceding his death; that he died in the month of July last past, at Vernon 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 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 Peter E. DeVotie 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 a disposing mind and memory, and of full age and not under restraint, and competent to devise real estate. Ralph McEntosh Peter E DeVotie being duly sworn and examined in open court, testified that he was well acquainted with Asahel Wilcox deceased, and had been for the last 40 years immediately preceding his death; that he died in the month of July last past, at Vernon 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 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, in the presence of Ralph McEntosh 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 the 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. Peter E DeVotie 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 all 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 16th day of February 1857. In the mane of God amen I Asahel Wilcox of Vernon Oneida County State of New York of the age of about seventy nine years considering the great uncertainty of this mortal life being of sound mind & memory do hereby make publish and declare this my last will and testament to be in manner and form as follows viz First after my decease that my executors hereinafter named pay all just and equitable debts and liabilities against my estate therefrom Second after such payment and liquidation I give and bequeath to my beloved wife Louis the use during her natural life of all the rest residue and remainder of my real and personal estate Third after the decease of my said wife & the payment of her funeral expenses I give and bequeath in fee simple forever to my son Erasmus D Wilcox my said Real & personal Estate of what name nature or kind soever or wheresoever situated to him his heirs and assignes forever subject to the payment of the two specific legacies as hereinafter fourthly & fifthly stated. Fourthly I give and bequeath to my daughter Melinda wife of George Pillips the sum of Two hundred & fifty Dollars with the annual interest thereon to commence at the decease of my said wife or widow said interest to be paid annually thereafter to my said daughter & her heirs at the expiration of each & every year thereafter at the rate of seven per cent per annum for the security of the payment of which sum of two hundred & fifty dollars as well as said interest and the legacy hereinafter fifthly specified are to be a lien upon my said real estate & the avails thereof but the payment of said legacies is not to be enforced by said legatees or their heirs so long as the said interest thereon shall be kept promptly paid but said Erasmus D. his heirs or assigns shall have the right to liquidate & cancel said legacies & incumbrances by payment at any time he or they may choose. Fifthly In like manner and upon the same conditions I give and bequeath to my Grandson John Wilcox son of my son Bryan Wilcox dec'd the sum of twenty five dollars to become due and payable & secured in manner & form as said legacy of two hundred & fifty dollars herein before as fourthly stated & set forth to him his heirs and assignes forever. Lastly The provisions and bequest hereinbefore made for & to my said wife are intended to supercede all right of dower in my said estate and are to be accepted and received by her in lieu thereof. I do hereby nominate constitute and appoint Philo Griswold of Vernon aforesaid sole executor of this my last will and testament with full power and authority to execute the same The legacy to my said daughter Melinda is the sum of two hundred & fifty Dollars & to my said Grandson John is the sum of twenty five dollars payable with interest as aforesaid. I hereby revoke all former wills by me made In witness whereof I have hereunto set my hand & seal this Eighteenth day of April in the year eighteen hundred and fifty four. his Asahel X Wilcox LS Mark The above instrument consisting of one sheet was at the date thereof signed sealed published & declared by the said Asahel Wilcox as and for his last will & testament in presence of us who at this request and in his presence & in the presence of each other have subscribed our names as witnesses thereto. Ralph McEntosh residing at Vernon Oneida Co NY Peter E DeVotie residing at Vernon Oneida Co N.Y. State of New York Oneida County I Henry M Burchard surrogate of said county do hereby certify the foregoing to be the Record of the last will and testament of Ashel (sic) Wilcox deceased and of the proofs and examinations taken thereon. Henry M Burchard Surrogate