WILL: Abijah Earll;  Marcellus, Onondaga co., NY 
surname: Earll, Cotton, Lewis

submitted by Melissa Earl (mearl at cpinternet.com) 
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Submitted Date: May 21, 2006
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Source: Sampubco.com
Onondaga co NY Will Book vol. C page 100
Written: September 28, 1819
Recorded: October 20, 1819

Transcribed from SAMPUBCO copy by Melissa Earl

Earll, Abijah - Marcellus

The People of the state of New York by the grace of God free and independent
To all to whom these presents shall come or may concern, pend greeting:  Know
ye that Onondaga in the County of Onondaga on the twentieth day of October in
the year of our Lord one thousand eight hundred and nineteen before George
Hall Surrogate of our said County, the last will and Testament of Abijah Earll
late of the town of Marcellus in the County of Onondaga deceased (a copy
whereof is hereunto annexed) was proved and is now approved and allowed of by
us and the said deceased having whilst he lived and at the time of his
death goods chattels or credits within this state by reason whereof the
proving and registering the said will and the granting administration of all
and singular the said goods chattels and credits of the said deceased and any
way concerning his will is granted unto Anna Earll of the Town of Marcellus in
the County aforesaid Executrix and Jonas Earll Junior of the Town and County
of Onondaga executor in the said will named they being  first duly sworn well
and faithfully to administer the same and to make and exhibit a true and
perfect inventory of all and singular the said goods chattels and credits and
also to render a just and true account thereof when thereunto required:  In
Testimony whereof we have caused the Seal of Office of our said Surrogate of
said County at Onondaga aforesaid the twentieth day of October in the year of
our Lord One thousand eight hundred and nineteen and of our Independence the
forty fourth.  George Hall Surrogate

In the name of God Amen.  I Abijah Earll of the town of Marcellus in the
County of Onondaga and State of New York do make and declare this my last will
and Testament in manner and for following.  

First I give and devise to my Oldest daughter Clarissa Cotton the wife of 
George H. Cotton in addition to what I have already given her, ten acres land
situate on lot number three in the town of Marcellus to be taken from the
south end of a piece of land owned by me on said lot number three and to
extend across said lot from east to west and so far north as that a line 
parallel with the south line that shall make the said piece of land hereby
intended to be devised to contain ten acres of land And I also give and devise
unto the said Clarissa Cotton the wife of the said George H. Cotton all my
right title and interest in and to a certain messuage and tenement situation
the west bank of the Skaneatels Creek nearly opposite the grist mill formerly
owned by one Solomon Earll and Owen Cotton and is on lot number nineteen in
said town of Marcellus to have and to hold all and every the said lands
tenements and hereditements with the appurtenances to her the said Clarissa
Cotton her heirs and assigns forever  Also I give and devise to my daughter
Polly Lewis the wife of Isaac Lewis in addition to what I have already
given her fifteen acres of land situate on lot number twenty in the town of
Marcellus and bounded as follows to writ beginning at the southwest corner of
said lot thence north five chains, thence west so far as that a line south
to the south side of the lot and thence east to the place of beginning shall
contain fifteen acres of land. To have and to hold subject nevertheless to and
changed and changeable with the following incumbrance to wit that my executrix
and executors shall and may have full leave liberty and license to enter in
and when the said land and premises hereby devised for ten years from the date 
hereof and from thence to take carry away and make use of such and so much
timber for rents and firewood as they shall see fit and deem necessary for the
use of the farm on which I now live situate on lot number nineteen in said
town of Marcellus and for no other purpose whatsoever to her the said Polly
Lewis and to her heirs and assigns forever.  Also I give and devise unto
my children Nancy, Daniel, Abijah S, Lorenzo M, John H, Lucyette and Delos all
the rest residue and remainder of all my estate and effects real and personal
whatsoever and wheresoever not herein effectually disposed of after payment of
my debts legacies and other necessary charges and deductions to have and to
hold all and singular the said goods and chattels messuages lands and
tenements and hereditaments hereby intended to be devised with the
appurtenances, to them the said Nancy, Daniel, Abijah S, Lorenzo M, John H,
Lucyette and Delos and their heirs and assigns forever as tenents in common
and I do hereby constitute and appoint my wife Anna Earll executrix and Jonas
Earll Junior and my son Daniel Earll executors of this my last will and
testament.  Also for the better education of my children I do give and dispose
of the tuition and custody of them and every of them unto my wife Anna Earll
and to my said Executor Jonas Earll Junior for such time as they or any of
them respectively continue unmarried and under the age of twenty one years
Also I do hereby authorise & empower my said Executrix and executors from and
after my decease until my said children shall attain this age of twenty one
years to manage and improve the estates and fortune of them by me hereby given
to them for their use and benefit and to lease all and any part of their
freehold and to lend and plan out upon security or securities at interest or
otherwise improve according to their discretion all or any part of the monies
belonging to or arising from their said estates and fortunes and to pay unto
and account with them for all such rents interests produces and improvements
as shall arise from or be made of and provided by the estates monies fortunes
hereby given and devised to them when they shall attain the age of twenty one
years, And my will is and I do hereby expressly declare that my said executrix
and executors shall not be charged or chargeable with or accountable for more
of the aforesaid property or estate than she or they shall actually receive or
shall to her of their hands respectively by virtue of this my will, or with or
for any loss which shall happen of the said monies or estates hereby by me
given to my said children or of any part of my personal estate so as such loss
happen without her or their willful default and neglects. And also that it
shall and may be lawful for my said Executrix and Executors in the first place
to deduct out of any of my personal Estate and reimburse her or themselves 
respectively all such loss costs charges and expenses as she or they shall
sustain expended or be put unto for or by reason of the performance of this my
will or the management or execution thereof respectively or any other thing in
any wise relating thereto.  And it is my will that the said Jonas Earll Junior
in consideration of the pains and trouble he will have in the Execution of
this my will shall have and be allowed at and after the rate of five dollars
for each and every day he shall reasonably and necessarily expend in the
execution of my said will to be paid out of my estate I also will and ordain
that my said executrix and my executors may after my decease bargain sell and 
alien in fee simple all those my lands and tenements situate on Lot number one
hundred and nineteen in the Town of Onondaga and also a part of lot number 
nineteen in the Town of Marcellus and being the one third of about five acres
of land called the mill lot and which said lot is owned by myself and George
H. Cotton and Isaac Lewis, and also a certain other piece or tract of land on
said lot number nineteen in said town of Marcellus and being on the west side
of the road leading from the Skaneateles Village to the town of Camillus
containing about nine acres of land with the buildings thereon and being the
same place where one George H. Cotton now lives.  In witness whereof I have
here unto set my hand and seal this twenty eighth day of September in the year
of our Lord one thousand eight hundred and nineteen.

Signed Sealed published and declared by the Above named Abijah Earll to be the
last will and Testament in the presence of us who have hereunto subscribed our
names as witnesses in the presence of the Testator.            
           Robert Earll                  | The words "of the pains"       
           Hez Earll                      | intentioned before signing
           Benoni E. Danks               | 
                                         |  Abijah Earll    

Be it remembered that on the twentieth day of October in the year of our Lord
one thousand eight hundred and nine teen personally came before me George Hall 
Surrogate of the County of Onondaga Robert Earll of the town of Marcellus in
the County of Onondaga who being duly sworn said that he saw Abijah Earll the
Testator in the preceding will named sign and seal an instrument perporting to
be his last will and Testament bearing date the twenty eighth day of September
in the year aforesaid the preceding whereof is a true copy and at the same
time ?? him publish and declare the same as and for his last will and
Testament and at the time thereof the said Testator was of sound disposing
mind and memory to the best of the knowledge and belief of him This deponent
and that he subscribed said will as a witness in the presence of the other
subscribing witnesses and they in his presence and in the presence of each 
other and in the presence of the Testator and he in their presence and at the
same time Anna Earll and Jonas Earll Junior Executrix and executor in the said
will named were duly qualified by taking the necessary oaths and at the same
time Letters  Testamentary with a copy of said will annexed for which the
preceding are true copies were issued accordingly and recorded in this office.
                                      George Hall Surrogate