WILL: John Wilcox; Paris, Oneida, New York submitted by Dave Mosbruger (dmosbruger@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/v20/wilcox-john.txt *********************************************************************** Source: sampubco.com Oneida co NY Will Book Vol. 20 page 99 Written: 24 Jan 1869 Probated: 24 Feb 1869 Transcribed from SAMPUBCO photocopy by Dave Mosbruger. Surnames: Livermore, Simmons, Wilcox (also spelled as Willcox) At a Surrogate's Court held at the Surrogate's Office in Clinton in the County of Oneida on the 24th day of February A.D. 1869, before Joseph P. Avery, Esq., Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of John Wilcox late of the town of Paris 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 Surrogates' Courts," passed May 16, 1837, and other Acts concerning the same, on the application of Franklin B. Wilcox in said Will named one of the Executors. Present F. Avery Special Guardian Daniel Livermore being duly sworn and examined in open court, testified that he was well acquainted with John Wilcox deceased, and had been for the last 20 years immediately preceding his death; that he died in the month of January last past, at Paris 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 Carlos Simmons 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. Daniel Livermore And thereupon the further hearing of said matter was adjourned to the 25 day of Feby 1869 at 2 oclock pm at Clinton at which time and place Carlos Simmons being duly sworn and examined in open court, testified that he was well acquainted with John Wilcox deceased, and had been for the last 2 years immediately preceding his death; that he died in the month of January last past, at Paris 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 Daniel Livermore 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. Carlos Simmons 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 ill of real and personal estate, and the said Will, proofs, and examinations to be recorded.itness, Joseph P. Avery, Surrogate as aforesaid, the 25 day of February 1869. Joseph P. Avery Surrogate The last Will & testament John Wilcox of the town of Paris in the county of Oneida N.Y. I John Wilcox considering the uncertainty of this mortal life & being of sound mind & memory (blessed be Almighty God for the same) do make & publish this my last will and testament in the manner & form following (that is to say) First I give & bequeath to both of my daughters {Clarnida?} Wilcox and Adeliza P. Wilcox fifty dollars each which legacies or sums of money I will and order to be paid to them within one year after my decease. And it is my will & desire that all the rest of my estate both personall & real together with all my house hold furniture shall be sold as soon after my deceas as may be thought best by my executors and the money after paying to my daughters the sum of fifty dollars each above mentioned be divided eaquel between all my children John W. Wilcox Clarnida Wilcox, Isaac S. Wilcox, Adeliza P. Wilcox & Franklin B. Wilcox, so that each shall after paying fifty dollars to each of my daughters share alike in the remainder of my estate. I do hereby appoint Clarnida Willcox & Franklin B. Willcox executrix & executors of this my last will and testament hereby revoking all former wills by me made. Also I will & order that the executors of this my last will and testament or their executor or executors for & towards the performance of my said testament shall with all convenient speed after my decease bargain sell & {alien?} in fee simple all the real estate of which I own at my decease for the doing executing & perfect finishing whereof I do by these presents give to my said executors & their executor or executors full power & authority to grant alien bargain sell convey & assure the same to an person or persons & their heirs forever in fee simple by all & every such lawful ways & means in the law as to my said executors or their executor or executors or to their counsel learned in the law shall seem fit or necessary. In witness whereof I have hereunto set my hand & seal the 24th day of January the year of our lord one thousand eight hundred and sixty nine. John Wilcox L.S. The above instrument consisting of one sheet was now here subscribed by John Wilcox the testator in the presence of each of us, and was at the same time declared by him to be his last will & testament, & we at the same time declared by him to be his last will & testament, & we at his request signed our names thereto as attesting witnesses. Daniel Livermore Residing in Sangerfield Oneida County Carlos Simmons Residing in Paris Oneida Co State of New York County of Oneida I Joseph S. Avery Surrogate of the said county do hereby certify the foregoing to be the record of the last will & testament of John Wilcox deceased & the proofs & examinations taken thereon. Joseph S. Avery Surrogate