WILL: Levi Matthews; Vienna, Oneida, New York

submitted by Dave Mosbruger (dmosbruger@verizon.net)
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http://files.usgwarchives.org/ny/oneida/wills/v6/matthews-levi.txt
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Source: sampubco.com
Oneida co NY Will Book vol. 6 page 128
Written: Jul 1835
Probated: 18 Mar 1839

Transcribed from SAMPUBCO photocopy by Dave Mosbruger.
Surnames: Matthews, Miller

At a Surrogates Court, held at the Surrogate Office in Rome in the County of
Oneida on the Eighteenth day of March A.D. 1839 before John Stryker Esq.
Surrogate of the said County, for the purpose of proving and recording the
last will and Testament of Levi Matthews late of the Town of Vienna 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 proof of wills executors and
administrators, guardian and wards, and Surrogates Courts" passed May 16, 1837
on the application of Alvaro Matthews an executor in the will named  

Gates Miller of Vienna in the County of Oneida and Stat of New York, being
duly sworn and examined in open court, testified that he was well acquainted
with Levi Matthews deceased, and had been for the last five years immediately
preceding his death, that he died about the month of August 1835 at Vienna in
the County of Oneida which was his last place of residence at the time of his
death. That he heard the said Testator acknowledge the paper here offered to
be proved recorded and admitted to probate as his last will and Testament of
the said Levi Matthews deceased, on the day the same bears date (the seal
having been previously affixed according to his belief) 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 Ezekiel Miller and
Norman Miller who also at the same time signed the same as subscribing
witnesses in the presence of the Testator and at his request, and in the
presence of this deponent, and in the presence of each other; That the said
Testator at the time also executed 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 of full age and not under restraint and capable of
devising real and personal estate, and that Ezekiel Miller is in a feeble
state of health, and his attendance as witness could not be procured with
safety.
Gates Miller

Norman Miller of Booneville in the County aforesaid being duly sworn and
examined in open court testifies that he was well acquainted with Levi
Matthews deceased and had been for the last five years immediately preceding
his death, that he died in the month of August 1835 at Vienna in the county of
Oneida which was his last place of residence a the time of his death. That he
saw the said Testator sign the paper here offered to be proven recorded and
admitted to probate as the last will and Testament of Levi Matthews, {being ?}
a short time before his death (the seal having been previously affixed) That
this deponent signed the same, at the same time as the subscribing witness in
the presence of the Testator and at his request and in the presence of Ezekiel
Miller and Gates Miller 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 and in the presence of each other, 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 witnesses
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 of full age and not under restraint and capable of devising real
and personal estate   and that the will is in the same state as when executed.
Norman Miller

The foregoing proofs and examinations taken before me the surrogate aforesaid,
at the time and place first mentioned and the deposition of the respective
witnesses, were by them respectively subscribed after having been carefully
read over to them and I the said surrogate being satisfied upon the said proof
taken, that the said will is genuine and valid and was duly executed. That the
said Testator at the time of executing the same was in all respects competent
to devise real and personal estate and not under restrain do, therefore, allow
the said will to be admitted to probate with the said will proofs and
examinations to be recorded.    
Witness John Stryker, Surrogate aforesaid the day and year first aforesaid.
John Stryker
 Surrogate

In the name of God Amen. I Levi Matthews of Vienna in the County of Oneida
being of sound mind and memory do make this my last will and Testament in
manner following, that is to say First that all my just debts and funeral
expenses be paid by my executors hereinafter named. Second I give bequeath and
devise all my estate both real and personal of every nature kind description
whatsoever unto my wife Polly (that is to say my personal estate forever, and
my real estate for and during the time of her natural life. And my will
further is, that after the decease of my said wife Polly and not before that
my said executors hereinafter named, do as soon as convenient sell and dispose
of all or part of my real estate at public vendue or otherwise and good and
sufficient conveyance to give for the same to the purchaser of purchasers
thereof and to divide the same equally among all my children living at my
decease. Except nevertheless my son Lorenzo Matthews, to whom I have already
paid the sum of one hundred dollars which I deem equal or nearly so to what
the rest of my children will receive of my estate after the decease of my said
wife. And lastly I do hereby constitue and appoint my wife Polly executrix and
my son Alvaro executor of this my last will and Testament, hereby revoking all
former and other wills by me heretofore made allowing this and none other to
by my last will and Testament. In witness whereof I have hereunto set my hand
and seal this {blank} day of July in the year of our Lord one thousand Eight
hundred and thirty five. 
Levi Matthews (L.S.) 

Signed sealed published and declared by the said Testator as and for his last
will and Testament in the presence of us who in his presence and at his
request, and tin the presence of each other have subscribed our names as
witnesses hereto.

Ezekiel Miller of Vienna County of Oneida 
Gates Miller of Vienna Oneida County
Norman Miller of Vienna Oneida County
State of New York
Oneida County SS       
I John Stryker surrogate of the County of Oneida, do hereby certify the
forgoing to be the record of the last will and Testament of Levi Matthews,
deceased, and of the proofs and examinations taken thereon.John Stryker
Surrogate