WILL: Alexander Cummings; Lee, Oneida co., NY surname: Cummings submitted by Kristin Grip (kgrip29 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 23,2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 5.9 Kb ************************************************ Source: Sampubco Written: December 6 1862 Recorded: January 12 1874 ALEXANDER CUMMINGS WILL Transcribed from Sampubco copy NY, Oneida Co., Vol 25, pg 37 I, Alexander Cummings, private in Company D of the Fifteenth Regiment of the New York State Volunteers being of sound mind do make this my last Will and testament in regard to certain property & interests not heretofore arranged or provided for by me in the event of my decease. 1st I bequeath to my daughters Mary Jane & Margaret the moneys deposited to my credit in the Oneida Central Bank in Rome Oneida Co. NY to be distributed among them equally as they respectively become of age. The money to remain on deposit in the meantime unless the withdrawal of it or any part of it be necessary for the benefit of my said daughters. This said money amounting to one hundred & forty dollars ($140) so deposited since my enlistment as a volunteer by the hand of my trusted friend Hosea Cornish of the town of Lee Oneida Co. NY. 2nd I desire that whatever pay may be due to me may be drawn after my decease by the Rev E. C. Pritchett chief (?) of the fifteenth Regt NY Vols & by him forwarded to the said Hosea Cornish by him to be added to the aforesaid deposit in Bank & to be disposed of by equal division among my two daughters as aforesaid. 3rd I hereby appoint the said Hosea Cornish my Executor to carry into effect my will as to the matters mentioned in this instrument. Done this 6th day of December 1862 in the Hospital in the camp of the 50th NYSV at Acquia Creek VA. Witness my hand & seal Alexander Cummings LS X his mark Witness 2nd Lt F W Pettis James Hedgeland In my presence Alexander Cummings acknowledged the above as his will & testament & signature in the presence of the above witnesses. Wm H. Pettis Lt Colonel Comdy 50th Regt NYV Engineers Acquia Creek, Va. December 6, 1862 State of New York Oneida County SS I Joseph S. Avery Surrogate of the said county do hereby the foregoing to be the record of the last will and testament of Alexander Cummings deceased & the proof and examination taken therein. Joseph S. Avery Surrogate At a Surrogate's Court, held at the Surrogate's Office in Rome in the County of Oneida, on the 2 day of December A.D. 1873, before Joseph S. Avery, Esq., Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of Alexander Cummings late of the town of Lee 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 Hosea Cornish in said Will named Executor. Present D. W. White Spec. Guar. Edward C. Pritchett being duly sworn and examined in open court, testified that he was well acquainted with Alexander Cummings deceased, and had been for the last 1 year immediately preceding his death; that he died in the month of December 1862 at Acquia Creek Virginia but Lee in the county of Oneida was his last place of residence at the time of his death as appears by petition on file that he saw the said Testator sign the paper by making his mark 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 the 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 subscribing witnesses F.W. Pettis & James Hedgeland 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. Deponent further says that he does not know where the present residence of said F.W. Pettis, James Hedgeland & Wm. H. Pettis are & has not heard of them for over 7 years & that said Alexander Cummings, F.W. Pettis, James Hedgeland & William H. Pettis all signed in presence of deponent & deponent knows their respective signatures are genuine & deponent drew the will at request of said Testator & the same is in handwriting of the deponent & said subscribing witnesses signed said will at request of Testator. Edward C. Pritchett And thereupon the further hearing of said matter was adjourned to the 12th day of January 1874 at 10 AM at Clinton. The foregoing proofs and examinations having been taken before me, the Surrogate aforesaid, at the time and place above mentioned, and the deposition of the witness having been by him subscribed after having been carefully read over to him; 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 personal estate, and the said Will, proofs, and examinations to be recorded. Witness, Joseph S. Avery, Surrogate as aforesaid, the 12th day of January 1874. Joseph S. Avery, Surrogate