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

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. D page 6
Written: September 28, 1819
Recorded: September 13, 1821

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, send Greeting:
Know Ye that at Skaneateles in the County of Onondaga on the 13th day of
September 1821 before James Porter Esquire Surrogate of our said County, the
last will and Testament of Abijah Earll late of the town of Marcellus 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 means whereof the
proving and Registering the said will and the granting Administration of all
and singular the said goods chattels and credits and also the Auditing
allowing and final discharging the amount thereof doth belong unto us;  the
administration of all and singular the goods chattels and credits of the 
said deceased and any way concerning his will is granted unto Daniel Earll who
is hereby authorised to administer the same in connexion with Anna Earll and
Jonas Earll (bro.) Junior to whom letters Testamentary with a copy of said
will annexed have heretofore been granted by the Surrogate of said County and
who together with the said Daniel are the Executors and Executrix in the said
will named he being first duly sworn well and faithfully to Administer the
same 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
to be hereunto affixed.  Witness James Porter Esquire Surrogate of said County
of Skaneateles the thirteenth day of September in the year of our Lord one
thousand eight Hundred and twenty one and of our Independence the forty Sixth.
                              Jas. Porter 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 form following.  First I give and devise to my
eldest Daughter Clarissa Cotton the wife of George H. Cotton in addition to
what I have already given her ten acres of land Situate on 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 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 Situate on the west bank of the Skaneteles 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 messuage and tenements and hereditaments 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 wit
beginning at the South East 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 charged and chargeable with the
following incumbrance to wit, that any Executrix and Executor shall and may
have full leave liberty and license to enter in and upon 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 rails and fire
wood 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 whatever 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 effect real and personal whatsoever and wheresoever not herein
effectually disposed of (after payment of my Debts legalies and other
necessary charges and deduction) to have and to hold all and Singular the said
goods & 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 tenants in common.

And I do hereby constitute and appoint my wife Anna Earll my Executrix and
Jonas Earll Junior (bro.) and my son Daniel Earll my Executors of this my last
will and Testament.

And 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 authorize and empower my said Executrix and Executors from and after
my decease until my said children shall attain the 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 or any parts 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 bet on
giving 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 produced 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 come to her or 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 expend 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 (bro) 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 And also I will and ordain that my said Executrix and 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 of tract 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
building thereon and being the same place where one George H. Cotton now
lives.

In witness whereof I have hereunto 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 | The words "of the pains" ?
by the above Abijah Earll to be      | before signing
the last will and Testament in the   |
presence of us who have hereunto     | Abijah Earll    S.S.
subscribed our names as witnesses    | (signature)
in the presence of the Testator      |
           Robert Earll              |
           Hez. Earll                 |
           Benoni E. Danks           |

Be it remembered that on the thirteenth day of September in the year of our
Lord one thousand eight hundred and twenty one personally came before me James
Porter Surrogate of the County of Onondaga Hezekiah Earll who being duly sworn
did depose and say that he saw Abijah Earll sign and seal an instrument out in
writing purporting to be his last will and Testament bearing date the twenty
eighth day of September in the year of our Lord one thousand eight hundred and
nineteen the preceding whereof is a true copy and at the same time the said
Testator was of sound disposing mind and memory to the best of the knowledge
and belief of him the Deponent, and that he this Deponent subscribed the said
will in the presence of the Testator and of the other subscribing witnesses is
to the said will and that they all subscribed in the presence of each other
and in the presence of the Testator and he in their presence And on the same
day personally came Daniel Earll one of the Executors in the said will named
and was duly qualified by taking the necessary oaths and at the same time
Letters Testamentary with a copy of said will annexed the preceding whereof
are true copies were issued accordingly & recorded
                                      Jas. Porter Surrogate