WILL: William Cummings; Boonville, Oneida co., NY surname: Cummings submitted by Kristin Grip (kgrip29 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 23, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 8.2 Kb ************************************************ Source: Sampubco Written: September 8 1848 Recorded: January 29 1850 WILLIAM CUMMINGS WILL Transcribed from Sampubco copy NY, Oneida Co., Vol 9, pg 203 In the name of God Amen I William Cummings of the Town of Boonville in the county of Oneida and State of New York of the age of seventy eight years and being of sound mind and memory do make publish and declare this my Last Will and Testament in manners following that is to say, First I will and desire that my beloved wife Margaret Cummings have possess and enjoy all my estate both Real and Personal for during her natural life for which purpose I give and devise to her all my estat eof every name and nature to be so enjoyed during her lifetime. Second After the death of my wife Margaret I will that my Estate both real and personal be disposed of as follows vis, I will and devise to my daughter Sarah the sum of three hundred dollars to be paid out of my estate or the proceeds thereof. I will and bequeath to my daughter Jane the sum of two hundred dollars to be paid in like manner. I give to my daughters Rosa, Mary, Nancy & Margaret the sum of ten dollars ($10) each to be paid in the same manners as the sums to Sarah and Jane. I give and bequeath my grandsons William (son of my son George), John (son of my son John), Luther (son of my son William) (and to their heirs respectively) the sum of fifty dollars each. My wearing apparel I give and devise to my son John. I will that the several sums mentioned to be paid to the persons above named be paid as early as convenient after they become entitled thereto. And after the death of either of said persons I will that the amounts devised to each be divided between their respective heirs and this is what is meant by the words "and to their heirs respectively" on the 4th line from the top of this page. The residue of my estate real or personal in case anything be left I will that it be equally divided between my sons George, John, David, and William, or their heirs. And lastly I do hereby nominate and appoint my son George Cummings and my friend James Wilson to be the Executors of this my Last Will and Testament thereby (illegible) all former wills be me made. In Witness whereof I have hereunto set my hand and seal this 8th day September in the year of our Lord One Thousand Eight Hundred and Forty Eight. X his mark William Cummings LS The above instrument consisting of two pages on one half sheet was at the date thereof signed sealed published and declared by the said William Cummings as and for his Last Will and Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto Abel E. Chandler Residing in the Town of Boonville, Oneida Co. Archibald Bamber Residing in the Town of Boonville, Oneida Co. State of New York County of Oneida I Othniel S. Williams, Surrogate of said county do hereby certify the foregoing to be the Record of the Last Will and Testament of William Cummings dec'd and of the Proofs and Examinations taken therein. Othniel S. Williams Surrogate At a Surrogates Court held at the Surrogates office in Clinton in the County of Oneida on the 29th day of Jany A.D. 1850 before Othniel S. Williams Esq. Surrogate of the said County for the purpose of proving and recording the Last Will and Testament of William Cummings late of theTown of Boonville 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 Guardians and wards and Surrogates courts" passed May 16th 1837 and these acts concerning the same on the application of George Cummings in said will named Executor and thereupon the hearing of said matter was adjourned to the Surrogates Office in Utica at 11 oclock A.M. and thereupon Abel E. Chandler being duly sworn and examined in open court testified that he was well acquainted with William Cummings deceased and had been for the last 5 years immediately preceding his death. That he died in the month of November last past at Boonville 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 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 Archibald Bamber who also at the same time signed the same as a subscribing witness in the presence of the Testator and at his request and in the presence of this deponent. 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 the same as aforesaid 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. Abel E. Chandler Archibald Bamber being duly sworn and examined in open court testified that he was well acquainted with William Cummings deceased and had been for the last 5 years immediately preceding his death. That he died in the month of November last past at Boonville 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 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 Abel E. Chandler who also at the same time signed the same as a subscribing witness in the presence of the Testator and at his request and in the presence of this deponent. 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 the same as aforesaid 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. Archibald Bamber The foregoing proofs and examinations taken before the Surrogate aforesaid at the time and place first above 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. 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 herefore allow the said Will to be admitted to probate as a Will of Real and Personal estate and the said will proofs and examinations to be recorded. Witness Othniel S. Williams Surrogate aforesaid the day and year first aforesaid. O. J. Williams Surrogate