WILL: Frederick B. Nichols; Marshall, Oneida co., NY surname: Nichols submitted by Dougl Boyer (dboyer @ citynet.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** At a Surrogates Court held at the Surrogate Offices at Bay-- Hotel in the city of Utica on the 30th day of January A.D. 1844 before John Sykes Esquire Surrogate of the said county for the purpose of proving and recording the last Will and Testament of Frederick B Nichols late of the town of Marshall in the county of Oneida deceased, in pursuant 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, Execution, and Administration, Guardians and Wards and Surrogates Court passed May 16, 1837 on the applications David Nichols Executor in said will named. Henry L. Hawley of the town of Marshall Oneida County being duly sworn and examined in Court testified that he was well acquainted with Frederick B Nichols deceased and had been for the last eighteen years immediately preceeding his death that he died in the month of December last past at Marshall 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 the paper here offered to be proved recorded and admitted to probate as the Last Will and Testament of the said Frederick B Nichols deceased on the day the same bears (the seal having been previously affixed) that the deponent signed the same at the same time as a subscribing witness in the presence of David L. 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 he so signed the said will then and there in the presence of the 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 deposing real and personal estate Henry L. Hawley /s/ David L Barton of Marshall aforesaid being duly sworn and examined in Court testified that he was well acquainted with Frederick B Nichols deceased and had been for the last eighteen years immediately preceeding his death that he died in the month of December last past at Marshall 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 the paper here offered to be proved recorded and admitted to probate as the Last Will and Testament of the said Frederick B Nichols deceased on the day the same bears (the seal having been previously affixed) that the deponent signed the same at the same time as a subscribing witness in the presence of Henry L Hawley and Frederick Frost 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 he so signed the said will then and there in the presence of the 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 deposing real and personal estate David L. Barton /s/ Frederick Frost of Marshall aforesaid being duly sworn and examined in Court testified that he was well acquainted with Frederick B Nichols deceased and had been for the last eighteen years immediately preceeding his death that he died in the month of December last past at Marshall 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 the paper here offered to be proved recorded and admitted to probate as the Last Will and Testament of the said Frederick B Nichols deceased on the day the same bears (the seal having been previously affixed) that the deponent signed the same at the same time as a subscribing witness in the presence of Henry L Hawley and David L Barton 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 he so signed the said will then and there in the presence of the 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 deposing real and personal estate Frederick Frost /s/ The foregoing proofs and nominations taken before me the Surrogate aforesaid at the time and place first mentioned, and the depositions 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; and 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 Sykes Surrogate aforesaid the day and year first aforesaid. Surrogate In the name of God Amen, I Frederick B Nichols of Marshall Oneida County New york being of sound mind and memory do make and publish this my last will and testament in manner and form following viz: First I will that all my property both real and personal except such as is herein otherwise disposed of be sold as soon as may be under the direction of my Executor hereafter named. Second I will and bequeath to my wife Maria all my household furniture except my first wifes best bed and inc half her bedding my traveling trunk and my dish; and from the avails of my property sold as above directed. I will and bequeath to my said wife one third part of all the said avails of said property, said household furniture to be included. Third I will and bequeath to my son Samuel L. my first wife's best bed and one half the bedding and my traveling trunk and the sum of two thousand dollars, the money to be put out at interest until he becomes of age. Fourth I give and bequeath to my brother David my desk. Fifth I give and bequeath to my daughter Mary the remainder of all my property. And I hereby appoint my brother David Nichols administrator and my wife Maria Administratix of this my last will and testament hereby revoking all other wills by me made. In witness whereof I have hereunto set my hand and seal the seventh day of December in the year of our Lord one thousand eight hundred and forty three. F. B. Nichols L.S. Signed sealed published and declared by the said Frederick B Nichols to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and in the presence of each other Henry L Hawley /s/ of the Town of Marshall David L Barton /s/ of the Town of Marshall Frederick Frost /s/ of the Town of Marshall State of New York Oneida County, SS I John Sykes Surrogate of the County of Oneida Surrogates Office do hereby certify the foregoing to be the record of the last will and testament of Frederick B Nichols deceased and the proofs and examinations to be taken thereon John Sykes Surrogate