WILL: Thomas Lewis; Waterville, Oneida co., NY surname: Lewis, Melton, Williams, Jemison submitted by W. David Samuelsen (no relation) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy Oneida co NY Will Book Vol. At a Surrogate's Court, held at the Surrogate's Office in Clinton, in the County of Oneida, on the 9th day of June, A. D. 1875, before Joseph S. Avery, Esq., Surrogate of the said county, for the purpose of proving and recording the last Will and Testarnent of Thomas Lewis 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 VVills, Executors and Administrators, Guardians and Wards. and Surrogates' Courts," passed May 16, 1837, and other Acts concerning the same, on the application of George H. Church, in said Will named Executor. Horace W. Tower, being duly sworn and examined in open court, testified that he was well acquainted with Thomas Lewis, deceased, and had been for the last 15 years immediately preceding his death; that he died in the month of March last past, at Sangerfield, 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, by making his mark, 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 and 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 William S. Tower, 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. (Signed) Horace W. Tower William S. Tower, being duly sworn and examined in open court, testified that he was well acquainted with Thomas Lewis, deceased, and had been for the last 5 years immediately preceding his death; that he died in the month of March last past, at Sangerfield, 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, by making his mark, 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 sea] 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 Horace W. Tower, 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 VVill, 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. (Signed) William S. Tower 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 that 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, Joseph S. Avery, Surrogate as aforesaid, the 9th day of June, 1875. (Signed) Joseph S. Avery, Surrogate The Last Will and Testament of Thomas Lewis of the Village of Waterville, County of Oneida and State of New York I, Thomas Lewis, being of sound mind and memory, do make, publish and declare this my last will and testament, in manner and form following; that is to say.- First, I hereby name, nominate and appoint George H. Church of the Village of Waterville, Oneida County, State of New York, Executor of this, my last will and testament, and hereby order and direct him, as soon as conveniently may be after my decease, to pay all my testamentary and funeral expenses and all just debts then owing by me of every name and nature. Second, all of my estate. both real and personal, I hereby order and direct my said Executor to convert into money and, after payment of all funeral and other incidental expenses and for a suitable stone, propelly inscribed, placed at my grave, to divide into seven equal shares or portions. One of which equal shares or portions I hereby give, devise and bequeath unto each of my two brothers, James Lewis and Edward Lewis,- one equal share to my sister, EJizabeth Melton; one equal share to my sister, Mary Lewis: one equal share to my sister, Jane Williams,- one equal share to my sister, Ann Lewis: and the remaining equal share to the heirs of my sister, Sarah Jemison, now deceased, in equal shares or portions. Third and lastly, I hereby revoke all former wills by me made and hereby declare this, and this only, to be my last will and testament. In witness whereof, i, Thomas Lewis, the testator above named, have hereunto set my hand and seal this 13th day of July in the year 1874. (Mark of Thomas Lewis) (L. S.) Signed. sealed, published and declared by the testator, Thomas Lewis, at the date thereof, as and for his last Will and testament in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. (Signed) Horace W. Tower, Waterville NY (Signed) William S. Tower, Waterville NY State of New York County of-Oneida S. S. I, Joseph S. Avery, Surrogate of said county, hereby certify the foregoing to be the record of the last Will & testament of Thomas Lewis, deceased, and the proofs & examinations taken thereon. (Signed) Joseph S. Avery Surrogate