WILL: James Dean; Westmoreland, Oneida co., NY
surname: Dean, Camp, Spencer, Morrison

submitted by Barbara Walker (barbeww @ yahoo.com)
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Transcribed from SAMPUBCO copy by Barb Walker
Oneida co NY Will Book Vol. 2 page 349

Will of James Dean, Westmoreland, Oneida County, New York

Note: Poor copy; unreadable portions of one or more words noted by [...]

     The last Will & Testament of James Dean, of the town of Westmoreland in
the County of Oneida and State of New York.

     I James Dean do herby make, ordain, publish & declare my last Will &
Testament as follows [...] I will & direct that all the debts which I may
justly owe at the time of my decease, and all my funeral charges & expences,
including the expence of tombstones, and also all the funeral charges &
expences of my beloved wife Cynthia Dean, including the expences of
tombstones, (should she survive me & die my widow) be paid & borne by my two
sons Luke Camp Dean and John Dean equally in consideration of the devises &
bequests to them the said Luke Camp & John hereinafter contained.  

Item: I give & bequeath to my beloved wife Cynthia aforesaid the [...] of my
stock in the Manchester Cotton Factory during her natural life or so long as
she shall remain sole after my decease.  

Item: I give & bequeath the stock aforesaid in the Manchester Cotton Factory
after the decease or marriage of my said wife, should she survive me, and in
case of her decease before my own then after my decease to my son Luke Camp
aforesaid, his heirs & assigns.  

Item:  I will & direct that my beloved wife Cynthia Dean aforesaid in case she
should survive me be supported while she shall remain sole if she shall choose
to avail herself of this provision, by my said son Luke Camp [...] of his
family and be liberally furnished & provided with all [...] for her comfort &
convenience by my said son Luke Camp [...] & expences; and as a compensation
to my said son Luke Camp for the support & maintenance of my said wife shall
she survive me, I give & bequeath unto him the said Luke Camp all the [...] of
any denomination [...] of which I may die [...] my said wife shall survive me
[...] lands in the town of Westmoreland [...] my said wife shall continue sole
after my decease, and be supported & maintained by him in [...] of the
provision in the Clause of my said Will contained.

     Item: I give & bequeath in case of the death of my said wife before my
own decease all the property specified in the Item or clause of my said Will
last above written, excepting the [...] in the said clause last above written
mentioned, to my said two sons Luke Camp & John in equal proportions.  

Item: I give & bequeath to my said two sons Luke Camp & John in equal
proportions all the monies due to me at my decease or which may become due to
my estate after my decease for land sold by me or which may here after be sold
by me in the Counties of Steuben & Ontario in the State of New York aforesaid. 
Subject to however & hereby expressly charged with the payment of all the
debts which I may justly owe at the time of my decease and of all my funeral
charges & expenses including the expence of tombstones and also of all the
funeral charges & expences including the expence of tombstones of my wife
aforesaid should she survive me & remain sole to the time of her decease; and
also of the [...] twenty dollars to each of my beloved daughters Electa
Spencer and Mary Morrison hereinafter to them respectively bequeathed.

Item: I hereby give devise & bequeath to my two sons Luke Camp and John
aforesaid in equal proportions & their heirs & assigns forever all my lands
not under durable leases in the town Westmoreland aforesaid including the farm
on which I now reside, the farm on which my said son John now resides, also
about twenty acres of the farm commonly called the Bill Dean Farm and also a
small piece of land in Hampton Village near the Meetinghouse sufficient for
the accommodation of two sheds to contain [...] of horses in each for a more
particular description of which last mentioned piece of land reference may be
had to the records of the religious society in the sais Village together with
all the hereditaments rights privileges & appurtenances to the lands in this
clause above mentioned & every part & parcel there of belonging or in any wise
appertaining; also all such part of my lot N. twenty two in the County of
Steuben aforesaid, shall remain unsold at the time of my decease together with
the hereditaments & appurtenances thereunto belonging; to have and to hold all
the lands in this clause above mentioned & devised to them the said Luke Camp
& John their heirs & assigns in equal proportions [...] as tenants in common
forever subject to however and hereby expressly charged with the payment of
such part of the debts, charges expenses & sums of money specified in the Item
[...] clause of this my said Will last above written as the provision
contained in the same clause for the payment of the said debts, charges,
expences & sums of money shall prove inadequate to discharge.

Item: I give & bequeath to my two daughters Electa Spencer & Mary Morrison
aforesaid the sum of twenty dollars each to be paid to them respectively by my
said son Luke Camp immediately after my decease out of any monies in my
possession & belonging to me at the time of my decease and on failure or want
of such monies then to be paid by my said sons Luke Camp & John out of the
first monies which they or either of them shall receive from the debts due to
me or to become due to me or my Estate for lands sold or to be sold by me in
the Counties of Steuben & Ontario aforesaid.

Item: I hereby give devise & bequeath to my eldest son James Dean Junior and
to his heirs & assigns forever, all my interest, estate, right, title,
property claim and demand of in to & upon the farm or Lot of Land situate in
Westmoreland aforesaid heretofore leased by me to Phinehas Baldwin his heirs &
assigns; also the farm or Lot of Land in the same town heretofore leased by me
to Azariah Prior his heirs & assigns; also the farm or Lot of Land in the same
town heretofore leased by me to Nathan Abbot his heirs & assigns, subject each
to an annual rent of ten dollars; also the farm or Lot of Land in the same
town heretofore leased by me to John [...] 1st his heirs & assigns subject to
an annual rent of twenty dollars; also the farm or Lot of Land in the same
town heretofore leased by me to Lemuel Tillotson his heirs & assigns subject
to an annual rent of twenty dollars together with all the rents, issues,
profits, reversions & remainders  thereof; and all the appurtenances,
privileges, rights, remedies & advantages to the same belonging.  The said
James however not to come into the possession receipt & enjoyment of the rents
in the clause of my said will mentioned so long as my wife aforesaid shall
live & remain sole & continue to be supported by my son Luke Camp aforesaid,
according to the provisions in this my said last Will above contained.  But so
long as she shall survive me, and remain sole & continue to be supported by my
said son Luke Camp as aforesaid the said son Luke Camp shall receive & enjoy
the rents aforesaid as in this my said Will as above provided and upon her
decease or marriage after my decease or ceasing to be supported by my said son
Luke Camp [...] aforesaid or in case of her decease before me, then upon my
decease the said James is to come into the full possession receipt & enjoyment
of the rents aforesaid & of all the interest estate property privileges
reversions remainders rights & remedies in this clause of my said will to him
above bequeathed [...] heirs & assigns.

Item: I give devise & bequeath to my son James Dean Junior all the shares
which I may have at the time of my decease in the stock of the Northern
Turnpike Road company and all the shares which I may own at the time of my
decease in the stock of the Seneca Road company to his heirs & assigns forever
with all the profits & dividends therefrom arising or in any way occurring.

Item: I give to my said son James Dean Junior all the monies which shall be
due to me at the time of my decease or which shall become due to my estate for
lands situate in the County of Clinton in the state aforesaid heretofore sold
by me also Scotts Family Bible in six volumes being [...] now in use in my
family, my best walking cane, and best spectacles.

Item: I give & bequeath to my two sons Luke Camp & John in equal proportions
all the rest & residue of my personal property & debts over & above the
personal property & debts in this my said Will above specifically disposed
above.

Item: I hereby further will order & direct that in case either of my children
above named shall die before my own decease, the property of every description
herein above bequeathed & devised to the child so dying before my decease
shall descend & go to the heirs & heirs at law of the child so dying as
aforesaid in the same manner as if the said bequest & devise had been
expressly made to such heirs or heirs at law by name, subject to all charges
on such bequest or devise herein before specified.

     Postremo:  I hereby nominate, constitute and appoint my three sons James
Dean Junior, Luke Camp Dean & John Dean aforesaid Executors of this my last
Will & Testament hereby revoking, cancelling & annulling all and all manner of
other and former wills, bequests & devises by me at any time heretofore made
[...]  & executed.  In witness of all which promises I have hereunto affixed
my signature & seal this Fifth day of May in the year one thousand eight
hundred & twenty one
                                   James Dean

The foregoing Will & Testament in six sheets signed sealed published &
declared by the Testators & for his last Will & Testament in the presence
[...] request in his presence & in the presence of each other [...] in three
places on the last page of the fourth [...]
Joseph Allen
Horace Butler
William Curtis

Oneida County Ss. Be it remembered that on the
                    fourth day of November in the
year of our Lord eighteen hundred and twenty three before me Joshua Hathaway
Surrogate in and for said county personally appeared Joseph Allen & William
Curtis two of the subscribing witnesses to the Will of the Honble James Dean
of which the foregoing is a true copy on record who being duly sworn do say
that they saw the Testator execute said Will & that they heard him declare the
same as and for his last Will & Testament & that he appeared to be of sound &
disposing mind and memory at the time thereof & that they with the other
witness signed the same as witnesses thereto in the presence of the Testator &
in the presence of each other.
                                   Joshua Hathaway

Ss.  The People of the State of New York, by the grace of God free and
independent.  To all to whom these presents shall come, or may concern, send
greeting:
     Know Ye, That at Rome in the County of Oneida before Joshua Hathaway
Esq. Surrogate of our said county, the last Will and Testament of the Honble
James Dean deceased (a copy whereof is hereunto annexed) was proved, and is
now approved and allowed of by us, and the said deceased having whilst he
lived, and at the time of his death, goods, chattels or credits within this
state, by means whereof, the proving and registering the said Will, and the
granting administration of all and singular the said goods, chattels and
credits, and also the auditing allowing and final discharging, the account
thereof doth belong unto us; the administration of all and singular the goods,
chattels, and credits, of said deceased, and any way concerning his Will, is
granted unto James Dean Junior, Luke Camp Dean & John Dean Executors in the
said Will named, they being first duly sworn well and faithfully to administer
the same, and exhibit a true and perfect inventory, of all and singular, the
said goods, chattels, and credits, and also to render a just and true account
thereof, when thereunto required.
In Testimony whereof, we have caused the seal of office of our Surrogate to be
hereunto affixed.  Witness Joshua Hathaway Esquire Surrogate of the said
County at Rome the fourth day of November in the year of our Lord one thousand
eight hundred and twenty five, and of our Independence, the [...]
                                   Joshua Hathaway