WILL: Linus Birdsey, Boonville, Oneida co., NY

submitted by Wendy Fjelstad (fjelly @ chorus.net)
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Transcribed from SAMPUBCO copy by Wendy Fjelstad

Oneida co NY
Will Book Vol. 44 page 116

I Linus Birdsey, of Boonville, Oneida County, N. Y., mindful of the
uncertainties of human life, and being of sound mind and memory, do make,
publish and declare this my last Will and Testament, that is to say:

First: I give and bequeath unto my beloved wife Abigail, the use for and
during her natural life, of the dwelling house and lot where I now reside,
situate on West Street in the Village of Boonville, and of all the household
effects in said dwelling contained, and of a certain Three acre parcel of
meadow land lying between the east road and the State road, in the Village of
Boonville.  I also give and bequeath unto my said wife, for and during her
natural life, the use and income of the sum of Three Thousand Dollars, with
the right to encroach upon the principal there of should that be necessary for
her comfortable support and maintenance.

Second: The above provisions in favor of my said wife, are in lieu and stead
of her right of dower and thirds in my real and personal estate.

Third: All the rest, residue and remainder of my estate both real and
personal, including the reversionary interest remaining after the death of my
said wife, is to be divided into four equal parts, one of which I give and
bequeath into my son Alson D. Birdsey; one I give and bequeath to my daughter
Alma L Bacon; one I give and bequeath unto my son George L. Birdsey, and the
other one fourth part, I give, devise and bequeath unto Wallace W. Bacon in
trust, nevertheless, to invest the same, receive the income and interest there
of and semi annually to pay over the said income and interest to or for the
use of my son Almon L. Birdsey, for and during his natural life, and after his
decease to divide the principal thereof, equally between such of the children
of my said son Almon, as were born of his first wife Louise, who shall be then
living.   

Fourth: I hereby nominate and appoint my wife Abigail Birdsey, and my son
George L. Birdsey, to be executrix and executor of this my last Will and
Testament; and I hereby give and grant into them as such full power and
authority to sell and convey real estate.

Fifth: I hereby revoke any and all former Wills by me made.

In Witness Whereof, I have here unto set my hand and seal this 2nd day of
April 1886.

Signature of:
Linus Birdsey, (L. S.)

Signed, sealed, published and declared by the said Testator to be his last
Will and Testament in the presence of us, who have subscribed our names as
witnesses hereto at his request, in his presence and in presence of each
other.
Signatures of:
Henry W. Bently of Boonville, N. Y.
B. A. Capron of Boonville, N. Y.

State of New York
County of Oneida

Surrogates Office

  Be it Remembered, That on the Thirteenth day of October 1890 at a
Surrogate's Court, held in and for the County of Oneida, the within Last Will
of Linus Birdsey, late of the Town of Boonville, in said County deceased, was
upon due proof admitted to probate as a Will valid to pass real and personal
property, and that said Will was on the same day recorded in said Surrogate's
Office, in book of Wills No. 44 at Page 116.

(Seal) In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said Court, at the City of Utica, on this 13th day of October, A. D.,
1890.

  Signature of:
  William H. Bright
  Surrogate

Surrogate's Court,  Oneida County, State of New York
In the Matter of proving the Last Will and testament of
Linus Birdsey ..Deceased

  Examination of Subscribing Witness sworn and examined in the surrogate's
Court of Oneida County, in the above entitled proceeding.

State of New York      ss
County of Oneida              Henry W. Bently, being duly sworn as a witness
in the above entitled proceeding, and examined on behalf of the petitioner
propounding for probate said Last Will and testament, says: I reside in the
Town of Boonville in the county of Oneida and State of New York.  I was
acquainted with Linus Birdsey late of the Town of Boonville in said County of
Oneida, now deceased, and had known him for 25 years prior to his death.  I am
one of the subscribing witnesses to the instrument now shown and exhibited to
me, bearing date the 2nd day of April, 1886, and now offered and propounded
for probate as and for the Last Will and testament of the above named
decedent.  The subscription of the name of said decedent at the end of said
instrument was made by the said decedent in the presence of myself and Benj A.
Capron, the other subscribing witness thereto. At the time of such
subscription the said decedent declared the said instrument so subscribed by
him to be his Last Will and Testament and I thereupon signed my name as a
witness at the end of said instrument at the request and in the presence of
said decedent.  I also saw said Benj. A. Capron, the other subscribing
witness, sign his name as a witness at the end of said instrument, and know
that he did so at the request of said decedent and in his presence.  The said
decedent at the time of so executing said instrument was a citizen of the
United States, and upwards of the age of twenty-one years and of sound mind,
memory and understanding, and was not under any restraint to the best of my
knowledge and belief, and in my opinion was competent to devise real estate. 
I have examined said instrument, and it now appears in all respects as when so
executed, without any alteration. 
Subscribed and sworn to before me this 13th day of October, 1890
William H. Bright                        Surrogate, H. W. Bently

In the Matter of Proving the Last Will and Testament of
Linus Birdsey, Deceased.

Examination of Subscribing Witness sworn and examined in the Surrogate's Court
of Oneida County, in the above entitled proceeding.

State of New York      ss
County of Oneida,              Benjamin A. Capron, being duly sworn as a
witness in the above entitled proceeding, and examined on behalf of the
petitioner propounding for probate said Last Will and Testament, says: I
reside in the Town of Booneville, in the County of Oneida and state of New
York.  I was acquainted with Linus Birdsey late of the town of Boonville in
said County of Oneida, now deceased, and had known him for 15 years prior to
his death.  I am one of the subscribing witnesses to the instrument now shown
and exhibited to me, bearing date the 2nd day of April, 1886, and now offered
and propounded for probate as and for the Last Will and testament for the
above named decedent.  The subscription of the name of said decedent at the
end of said instrument was made by the said decedent in the presence of myself
and Henry W. Bently the other subscribing witness thereto. At the time of such
subscription the said decedent declared the said instrument so subscribed by
him to be his Last Will and Testament, and I thereupon signed my name as a
witness at the end of said instrument at the request and in the presence of
said decedent.  I also saw said Henry W. Bently the other subscribing witness,
sign his name as a witness at the end of said instrument, and know that he did
so at the request of said decedent and in his presence.  The said decedent at
the time of so executing said instrument was a citizen of the United States,
and upwards of the age of twenty-one years, and of sound mind, memory and
understanding, and was not under any restraint to the best of my knowledge and
belief, and in my opinion was competent to devise real estate.  I have
examined said instrument, and it now appears in all respects as when so
executed, without any alteration. 

Subscribed and sworn to before me this
13th day of October, 1890                                B. A. Capron

William H. Bright     Surrogate  

The foregoing Will and proofs recorded the 13th day of October 1890, and
examined.