WILL: Ozias Wilcox; New Hartford, 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/v6/wilcox-ozias.txt *********************************************************************** Source: sampubco.com Oneida co NY Will Book Vol. 6 page 125 Written: 18 Jan 1834 Probated: 27 Feb 1839 Transcribed from SAMPUBCO photocopy by Dave Mosbruger. Surnames: Berge, Dakin, Miller, Teel, Wilcox At a Surrogates Court held at Boggs Hotel the (line cross out surrogate office) in Utica (Rome line crossed out) in the County of Oneida on the 26th day of February and at Partus Hotel in New Hartford on the 27th day of February AD 1839 before John Stryker Surrogate of the said County for the purpose of proving and recording the last will and Testament of Ozias Wilcox late of the Town of New Hartford in the County of Oneida and, 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, guardians and wards, and Surrogates Courts" passed May 16, 1837 in the application of Seth Berge an Executor in said will named. Theodore Miller late of New Hartford but now of Norwich Chenango County being duly sworn and examined in open court testified that he was well acquainted with Ozias Wilcox deceased and had been for the last thirty years immediately preceding his death, that he died in the month of December last past at Deerfield in the County of Oneida as this deponent has been informed and believes, That New Hartford 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 proven recorded and admitted to probate as the last will and Testament of the said Ozias Wilcox 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 Daniel Teel 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 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 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 in no wise altered or changed. Theodore Miller Daniel Teel of New Hartford Oneida County being duly sworn and examined in open court testified that he was well acquainted with Ozias Wilcox deceased and had been for the last ten years immediately preceding his death; that he died in the month of December last past at Deerfield in the County of Oneida, and that New Hartford in the County of Oneida 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 Ozias Wilcox 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 Theodore 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 witness published and declared this 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. Daniel E. Teel The foregoing proofs and examinations taken before me the surrogate aforesaid, at the time and place first mentioned, and the depositions of the respective witnesses were by their respects 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 restraint do therefore allow the said will to be admitted to probate and the said will proofs and examinations to be recorded. Witness, John Stryker, Surrogate aforesaid, the day and year first aforesaid. John Stryker Surrogate I, Ozias Wilcox of New Hartford in the County of Oneida and State of New York, being of sound and disposing mind and memory, blessed by Almighty God for the same, considering the uncertainty of this life and knowing that it is appointed for all men once to die, do make and publish this my last will and Testament in the words following that is to say Resigning my soul to God who gave it and my body to the earth in full hope of a glorious resurrection to immortal life and happiness I hereby direct my executors hereinafter to cause my body to be decently buried by the side of that of my first wife and a suitable monument similar to that now erected by her grave, to be erected at my grave in a reasonable time after my decease; and I further order and direct my said executors to pay and discharge all my just debts and funeral charges within such reasonable time as aforesaid. ~ I give and bequeath to my sister Mabel Robbins the sum of four hundred dollars I give and bequeath to the heirs of my deceased sister Lucy, who may trace their descent from her and her former husband Robert Johnson the sum of two hundred dollars. ~ I give and bequeath to the Brothers and Sisters of my first wife deceased all my household furniture of every description. ~ And as to the residue and remainder of my estate both real and personal wherever the same may be situated or found of every description, I give devise and bequeath the same to my four Brothers, Eliphalet Wilcox, Seth Wilcox, Cyrus Wilcox, and Benjamin Wilcox in the following manner and proportions; that is to say to my said Brother Eliphalet one fourth part of said residue and remainder to have and to hold to him his heirs and assigns forever; to my said Brother Seth one fourth part of said residue and remainder to have and to hold to him his heirs and assigns forever: to my said Brother Cyrus the use or interest of one fourth part of said residue and remainder during his natural life; and at his decease I give and devise the said one fourth part to the heirs of my said brother Cyrus, to have and to hold to them their heirs and assigns forever, in such proportions, as my said brother Cyrus shall direct by will or otherwise in writing; To my said Brother Benjamin the use or interest of the one fourth part of said residue and remainder during his natural life. And at his decease I give and devise the said one fourth part to the heirs of my said Brother Benjamin to have and to be hold to them the said heirs, their heirs and assigns forever, in such proportions as my said Brother Benjamin shall direct by will or otherwise in writing. But it is my will and I do hereby order and direct that the bequests and devises before specified to my said four brothers & their heirs shall be subject to all just demands and charges upon my estate and also subject to the right hereinafter given to my executors to sell my real estate if they see fit. And in cases my executors should sell my real estate the proceeds of such sale subject as aforesaid, are to be divided among my said four brothers or their heirs as to the use or interest of the shares or otherwise, in the same manner and proportions as I have hereinbefore directed and thinking that it may be for the interest of the several legatees aforesaid that my real estate should be sold and the proceeds put to interest or invested in some safe stock. I hereby order direct and {impress?} my executors if they think proper, to sell all my real estate wherever the same may be for a just and fair consideration, and to convey the same to the purchaser or purchasers by a good & sufficient deed or deeds as they may find it most expedient to do. And I further will order and direct that in case two certain promissory notes which I now hold against Erastus Wilcox, son of my brother Seth Wilcox should be found unpaid at my decease, the amount due on said notes or either of them so found shall count toward the share of one fourth part aforesaid bequeathed to my said brother Seth as aforesaid And I do hereby nominate and appoint my said Brother Benjamin Wilcox and Samuel Dakin and Seth Berge of New Hartford aforesaid executors of this my last will & Testament and trustees for the full execution thereof and in case of the death or renunciation of any one or two of them, I hereby authorize the two or one remaining to perform all the acts they three might do. In witness whereof I have hereunto set my hand and seal this Eighteenth day of January in the year of our Lord Eighteen hundred & thirty four. ~ signed sealed published and declared by the above named Testator as & for his last will and Testament in presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Theodore Miller of New Harford Oneida County N.Y. Daniel Teel of the same place. State of New York Oneida County I John Stryker Surrogate of the County of Oneida do hereby certify the foregoing to be the record of the last will and testament of Ozias Wilcox deceased, and of the proofs & examinations taken thereon. John Stryker Surrogate