WILL: Peter Dominick; Cicero, Onondaga co., NY
surname: Dominick, Van Ornam, Schuyler

submitted by Paul Nance (nancep @ crisny.org)
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Transcribed from SAMPUBCO photocopy
Onondaga co NY Will Book Vol. G page 4

     To the Surrogate of Onondaga County: The Petition of Judson Gage, Samuel
Cushing and Ezra Rosbrook of said county. Respectfully Sheweth: That they are
the executors named in the last Will and Testament of Peter Dominick late of
said county deceased. That said Will bears date February 22nd 1839 and is a
Will of both real and personal estate. That they have caused citations in the
matter of proving said Will to be duly and regularly served on the widow, next
of kin and heirs at law of said deceased as will more fully appear by proof of
such service offered by the Petitioners. They therefore pray that the proofs
and allegations in relation to said Will may be taken and that said Will may
be admitted to Probate & to Record as a Will of real and personal estate
according to law. Dated Novr. 18, 1839
J. Gage
Samuel Cushing Jr
Ezra Rosbrook

Onondaga Surrogate Court
     In the matter of proving the Last Will and Testament of the real and
personal estate of Peter Dominick deceased

Onondaga County SS: 

     Judson Gage and Samuel Cushing of Cicero in said County, being duly and
severally sworn, depose and say, and each saith, that Peter Dominick then an
inhabitant of said town and county died in said town and county in the
forepart of May last past, leaving Betsey Dominick his widow him surviving,
also leaving Abram Dominick Adam Dominick, Sophia Van Ornam, wife of William
Van Ornam, Caty Green wife of James Green, Mary Eliza Schuyler wife of James
Schuyler children of said deceased and his only next of kin him surviving all
of whom are of full age. That said widow & Abram and Adam Dominick reside in
Cicero aforesaid, that said William Van Ornam & wife reside in the town of
Knox Albany County in this state, that said James Schuyler & wife reside in
the town of Brownville Jefferson county in this state and that said James
Green & wife reside in the town of Orleans Jefferson county aforesaid. That
said deceased died a natural death and left an Instrument in writing
purporting to be his last Will and testament of his real & personal estate
bearing date the 22nd of February 1839 in and by which both these deponents &
Ezra Rosbrook are named as Executors therein. These deponents are therefore
desirous that a citation issue and that such other proceedings be had as are
necessary to have said Instrument admitted to Probate and to Record as a Will
of real & personal estate according to law.

     Sworn this 17th day of June, 1839 before me A. Eastwood, a Court of
Deeds
Judson Gage
Samuel Cushing Jr.

     The People of the State of New York to Betsey Dominick, Abram Dominick,
and Adam Dominick of the town of Cicero in the county of Onondaga in said
state, William Van Ornam & Sophia Van Ornam his wife of the town of Knox in
the county of Albany in said state, James Schuyler and Eliza Schuyler his wife
of the town of Brownville in the county of Jefferson and state aforesaid, and
James Green and Caty Green his wife of the town of Orleans in said county of
Jefferson, widow next of kin and heirs at law of Peter Dominick late of the
town of Cicero in said county of Onondaga, deceased. Greeting: Whereas Judson
Gage and Samuel Cushing, Junr. executors named in the last Will and testament
of the real and personal estate of the said Peter Dominick deceased, has
offered said Will for Probate and Record before the Surrogate of Onondaga
County. You are therefore cited to appear before said Surrogate at a Surrogate
court to be held on in and for said county of Onondaga at the Surrogate's
office in Syracuse on Tuesday the twenty-fourth day of September next at ten
o'clock in the forenoon of that day to attend the Probate of said Will.

     S.S. Given under the hand and Seal of office of our said Surrogate at
Syracuse said county of Onondaga, the 19th day of June A.D. 1839.
John Fleming Junr, Surrogate

The undersigned to whom the within citation is directed do hereby admit due
and legal service on each of us of said citation. William Van Aernam, Sophia
Van Aernam, Adam Dominick, Abraham Dominick, Betsey Dominick, James Schuyler
Mary Eliza Schuyler James Green, Katherine Green.

State of New York, Onondaga Surrogate Court
In the matter of proving the last Will and Testament of the real & personal
estate of Peter Dominick deceased
Onondaga County SS: 

     Asa Eastwood of the town of Cicero in the county of Onondaga being duly
sworn and examined doth depose and say that he this deponent was well
acquainted with Peter Dominick late of the town of Cicero in the county of
Onondaga deceased. That this deponent was present as a witness and did see the
said Peter Dominick subscribe his name at the end thereof the instrument now
produced and shown to this deponent purporting to be the last will and
testament of the said deceased bearing date the twenty second day of February
in the year of our Lord one thousand eight hundred & thirty nine. That the
said testator at the same time declared the instrument so subscribed by him to
be his last will and testament. That thereupon the deponent and Elijah Loomis
subscribed their names at the end thereof as witnesses thereto at the request
of the testator and in his presence and that the said testator at the time of
executing and publishing the said last Will & Testament was of full age and of
sound mind and memory, not under any restraint and was in all respects
competent to make a last Will and Testament.
A. Eastwood
Sworn this 18th day of November 1839 before me J. Fleming Junr., Surrogate

Onondaga County: 
     The said Asa Eastwood, being further sworn in relation to said Will says
that he drew the same for the said testator & at his request and according to
his express directions that after said Will was executed the deceased left it
with this deponent for safe-keeping and to be delivered to one of the
executors in said Will named. That this deponent afterwards delivered said
Will to Samuel Cushing one of said executors that the will now presented to
deponent is the same last Will and testament above referred to it not having
been altered in any respect whatever since its execution by the testator.
Sworn Novr 18th, 1839
Asa Eastwood

J. Fleming Jr, Surrogate
     In the matter of proving the last Will and testament of Peter Dominick
deceased
Onondaga County SS: 

     Elijah Loomis of the town of Cicero in the county of Onondaga being duly
sworn and examined doth depose and say that he this deponent was well
acquainted with Peter Dominick late of the town of Cicero in the county of
Onondaga deceased. That this deponent was present as a witness and did see the
said Peter Dominick subscribe his name at the end thereof the instrument now
produced and shown to this deponent purporting to be the last will and
testament of the said deceased bearing date the twenty second day of February
in the year of our Lord one thousand eight hundred & thirty nine. That the
said testator at the same time declared the instrument so subscribed by him to
be his last will and testament That thereupon the deponent and Asa Eastwood
subscribed their names at the end thereof as witnesses thereto at the request
of the testator and in his presence and that the said testator at the time of
executing and publishing the said last Will & Testament was of full age and of
sound mind and memory, not under any restraint and was in all respects
competent to make a last Will and Testament.
Elijah Loomis
Sworn this 18th day of November 1839 before me J. Fleming Junr., Surrogate

     The last will and testament of Peter Dominick of Cicero Onondaga County
State of New York

     I Peter Dominick considering the uncertainty of this mortal life and
being of sound mind and memory Blessed be Almighty God for the same, Do make
and publish this my last will and testament in manner and form following that
is to say:

     First I give and bequeath unto my son Abraham the use of one equal
undivided half part of all my real estate being parts of Lots numbers thirty
two and thirty three Cicero being one hundred and sixty five acres of land or
thereabouts for and during his natural life and I desire my executors to pay
my son Abraham one hundred dollars after my decease which sum I hereby
bequeath to him. I give and devise to my son Adam one equal undivided half
part of all my real estate being part of Lots number thirty two and thirty
three Cicero being one hundred and sixty five acres of land all of which I
give and devise to him my son Adam and to his heirs and assigns forever. I
also bequeath to my son Adam the farming utencials that is to say sleigh
waggon, plough, harness harrow horses and sheep except five.

     I give and devise to my grandson James son of my son Abraham one equal
undivided half part of all my real estate as aforesaid which he is to have to
take possession of and enjoy for ever after the decease of his father but
should my son Abraham have any more mail children then and in that case the
real estate aforesaid is to be equally divided between my grandson James and
such mail child or children as may be born hereafter if any share and share
alike. I give and bequeath to my granddaughters Eve Ann, Harriet Sewell and
Elizabeth the children of my son Abraham Three hundred Dollars each to be paid
to them respectively as they arrive at the age of twenty-one years and should
my son Abraham have any more feemail children born hereafter they are each to
have the like sum of three hundred Dollars to be paid to her or them on their
arriving at the like age of twenty one years which said sum or sums I hereby
bequeath to them respectively. Should my son Abraham die and leave his wife
Mary a widow I give and bequeath to her one third of all the real estate that
my son Abraham may possess previous to my decease for and during the time she
remains a respectable widow.

     I give and bequeath to my three daughters that is to say Sophia, Caty
and Mary Eliza five hundred dollars each to be paid them by my executors in
one year after my decease. I also give and bequeath to my three daughters
above named all my household furniture and beding to be equally divided among
them share and share alike immediately after my decease, excepting therefrom
such furniture, beds and beding as my second wife Betsey was possessed of
before her marriage to me and which she brot into my family. I also give and
bequeath to my wife Betsey one set of silver table spoons, one set of silver
tea spoons five sheep one cow one set of china and one cherry table.

     I hereby authorize and empower my said executors to sell and dispose of
my real estate or any part thereof if they should deem it best for the benefit
of those interested therein. But in that event, the proceeds of such sale is
to be immediately paid out for other real estate which my said executors are
hereby authorized to purchase for the benefit of those interested in the real
estate as the same now is. My real estate hereby devised may at any time
hereafter be divided among those interested in the same if they should desire
such division and if they cannot agree on such division then the same is to be
divided between them in an equitable and just manner by my said executors. If
such Division should be made or if such sale as aforesaid should be effected
my son Adam, if he desires it, is to sell and convey his share and lay out the
proceeds of the same in such manner as he may see fit.

     And finally all the rest residue and remainder of all my estate and
effects whatsoever and wheresoever not herein before otherwise effectually
disposed of after payment of all my just debts legacies funeral expenses and
charges and other deductions I do hereby give and bequeath to my two sons
Abraham and Adam share and share alike but it is my further will and desire
that the share going to my son Abraham as above stated shall be laid out for
Land by my executors for the use and benefit of my son Abraham for and during
his natural life and then to desend to his legal representatives.

     I hereby appoint Ezra Rosbrook Judson Gage and Samuel Cushing executors
of this my last Will and testament. In witness whereof I have hereunto set my
hand and Seal the twenty second day of February in the year of our Lord one
thousand eight hundred and thirty nine.

Peter Dominick

     The above instrument consisting of one sheet was now here subscribed by
Peter Dominick the testator in the presence of each of us and was at the same
time declared by him to be his last Will and testament and we at his request
signed our names hereto as attesting witnesses
A. Eastwood of Onondaga County
Elijah Loomis of Onondaga County

Onondaga County Surrogate's Office
     I do hereby certify that the preceding is a Record of the proceedings to
prove and a record of the proof of the execution and validity of the last Will
& testament of Peter Dominick deceased and also is record of said last Will
and testament recorded the 18th day of November A.D. 1839 as a will of both
real and personal estate.