WILL: Elisha Wells; Trenton, Oneida co., NY Surname: Wells submitted by Rita Wells (northplace @ aol.com) ************************************************************************ 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 *********************************************************************** Transcribed from SAMPUBCO photocopy by Rita Wells Oneida co NY Will Book vol. 7 page 234 At a Surrogates Court held at the Surrogate office in the Town of Rome County of Onida on the 14th day of August A.D. 1843 before John Stryker Esq. Surrogate of the said county for the purpose of and recording the last will and testament of Elisha Wells late of the Town of Trenton in the County of Oneida deceased in pursuance of Chapter Sixth --?? first article first part second of the revised statutes of the State of New York and of an act entittled "An act concerning the proof of wills Executors and Administrators Guardians and wards and Surrogates Courts passed May 16, 1837 on the application of Ira Wells Executor in said will named. AUSTIN WARD of the town of Floyd County of Oneida being duly sworn and examined in open Court testifued that he was well acquainted with ELISHA WELLS deceased and had been for the last twenty years immediately preceding his death, that he died in the month of May last past at Trenton in the County of Oneida which was his last place of residence at the time of his death. That he saw the said Testotor sign the paper here offered to be proved recorded and admitted to probate as the last will and testament of the said ELISHA WELLS 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 his request and in the presence of RENSELAER CRUMBY who also at the same time signed the same as subscribing 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 deviding real and personal estate. That said will remained in custody of deponent from its Execution until after the decease of the Testator when he delived the same to Ira Wells. Who is named therein as Executor That the said Will while in the custody of deponent and when delivered to the said Ira Wells was in the same state as when Executed and in no wise altered or changed. signed AUSTIN WARD RENSELAER CRUMBY of Floyd aforesaid being duly sworn and examined in open Court testified that he was well acquainted with ELISHA WELLS deceased and had been for the last twenty years immediately preceeding his death that he died in the month of May last part at Trenton 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 ELISHA WELLS 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 each other. That hte 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 other subscribing sitness 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 aforesid was of sound and disposing mind and memory of full age and not under restraint and capable of deviding real and personal Estate. signed RENSELLAER CRUMBY The foregoing proofs and examinations taken before me the Surrogate oforesaid 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 the said Surrogate being satisfied upon the said proof taken that the said will is geniune and valid and was duly executed: that the said Testator at the time of Executing the same was in all respects to devise real and personal Extate and not under restraint do therefore allow the said will to be admitted to probate and the said will proofs? and examinating to be recorded. Witness JOHN STRYKER Surrogate aforesaid the day and year first aforesaid. signed John STRYKER In the name of God amen I ELISHA WELLS of Trenton in the County of Oneida and State of New York considering the uncertainty of this mortal life and being of sound and perfect mind and memory for which blessed be Almighty God. do make and publish this. this my last will and testament in manner and form following that is to say. I give and bequeath unto my beloved wife, MARY WELLS one third of all my real and personal property during her natural life. I do also give and bequeath to my oldest son ELISHA G. WELLS one dollar. I also give and bequeath to my second son, CHESTER R. WELLS one dollar. I also give and bequeath to my Eldest daughter, SALOME one dollar I also give and bequeath to my second daughter, MARY one dollar. I also give and bequeath to my youngest daughter, NANCY one dollor. which said several legacies or sums of money of money I will and order shall be paid to the said respective legatees within six months after my decease. I further give and devise to my youngest son IRA WELLS his heirs and assigns all my real and personal Estate lying and being in the town of Trenton aforesaid to hold to him the said IRA WELLS his heirs and assigns forever excepting thereout? the above mentioned legacies and dower. and also excepting all my household furniture which I give and bequeath to my SALOME, MARY and NANCY to be divided equally to them excepting also my slip? or pew in the presbyterian meeting house in Trenton aforesaid which I give and bequeath to my three sons ELISHA G. WELLS, CHESTER R. WELLS and IRA WELLS in equal shares (or one third to each of them; and I hereby appoint my son, IRA WELLS my sole executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this twenty eighth day of March in the year of our Lord one thousand eight hundred and twenty seven. signed ELISHA WELLS In presence of AUSTIN WARD and RENSELAER CRUMBY State of New York Oneida Co 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 IRA WELLS deceased with the proofs and examinations taken thereon. signed JOHN STRYKER, Surrogate. (rw note this last sentence is wrong (IRA WELLS is the deceased?)