WILL: Nathan Ashby; Camillus, Onondaga co., NY surname: Ashby, Seaman, Martin submitted by Diane Wilson Flynn *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Diane Wilson Flynn Onondaga co NY Will Book Vol. J page 62 The Will of Nathan Ashby (Onondaga County Wills, Book J, pp. 62-65) At a Surrogates Court held in and for the county of Onondaga, at the Surrogate's office in the city of Syracuse, on the day 2nd of September in the year of our Lord one thousand eight hundred and fifty-two. Present, S. Harris Hiscock, Surrogate. In the matter of proving the } last will and testament } of } Nathan Ashby, deceased. } Onondaga county. ss. Be it remembered that heretofore upon the petition of Charles Land, one of the executors named in the last will and testament of Nathan Ashby, late of the town of Camillus in said county, deceased, for that purpose, to the Surrogate of said county, a citation was duly issued in this matter, which citation with the proofs of service thereof was thereafter duly returned to said Surrogate, and which said petition, and citation, with the proofs of service thereof. are now on file in the office of said Surrogate. And thereupon the last will and testament of the said deceased, and the proofs thereof, were produced and are as follows, viz. I Nathan Ashby of Camillus in the county of Onondaga, do hereby make publish and declare my last will and testament as follows: After the payment of my just debts and defraying my funeral expenses and a plain monument, I give devise and bequeath unto my beloved wife Mary Ashby all my estate and personal whereof I may be seized or possessed to have and to hold the same for and during the term of her natural life only. Second. After the death of my said wife, I give devise and bequeath the same as follows. The one equal undivided half part thereof to my daughter Maria Louisa Seaman, wife of Charles Seaman to have and to hold the same during her life only and to be under her sole control and not that of her husband and after her death I give devise and bequeath the said one half part to her children in equal portions forever. Third. The other undivided half part of my property real & personal, after the death of my said wife I give devise and bequeath to my daughter Susan Martin, wife of Robert Martin, to have and hold the same for and during her life, only and to be under her sole control & not that of her husband; and after her death I give devise and bequeath the said one half part to the children of my said daughter Maria Louisa Seaman, in equal portions, to have & to hold to them & their heirs & assigns forever. Fourth. I hereby constitute and appoint Ananias Ashby and Charles Land of Camillus Executors of this my last Will & Testament with power and authority to settle and arrange all claims against me and in my favor on such terms as they may deem most proper: and I hereby revoke all former wills by me made: In witness whereof I have hereto set my hand & seal this 22nd day of March 1852. Nathan Ashby S.S. Signed, sealed, published & declared by the said Testator Nathan Ashby this 22nd day of March 1852 as & for his last will & testament, in the presence of us, who in his presence & at his request & in the presence of each other have hereto affixed our names as witnesses Joseph F. Sabine of the City of Syracuse James R. Lawrance Junior of the City of Syracuse Onondaga Surrogate Court } In the matter of proving the } Last Will and Testament } of } Nathan Ashby, deceased. } Onondaga county. ss. James R. Lawrance Junior of the City of Syracuse in said county of Onondaga being duly sworn & examined doth depose & say that he this deponent, was well acquainted with Nathan Ashby, late of the town of Camillus in said county of Onondaga deceased. That this deponent was present as a witness & did see the said Nathan Ashby subscribe at the end thereof the instrument now produced & shown to this deponent purporting to be the last will and testament of the said deceased bearing date the 22nd day of March, in the year of our Lord one thousand eight hundred & fifty two. That the said testator at the same time declared the instrument so subscribed by him to be his last will & testament. That thereupon this deponent & Joseph F. Sabine of said City of Syracuse subscribed their names at the end thereof as witnesses thereto at the request of the testator & in his presence; and that the said testator at the time of executing & publishing the said last will & testament was of full age & of sound mind & memory not under restraint & in all respects competent to make a last will & testament. Sworn before me this 2nd } James R. Lawrance Junr day of September A.D. 1852. } S.H. Hiscock, Surrogate. } Onondaga Surrogate Court } In the matter of proving the } Last Will and Testament } of } Nathan Ashby, deceased. } Onondaga county. ss. Joseph F. Sabine of the City of Syracuse in said county of Onondaga being duly sworn & examined doth depose & say that he this deponent, was well acquainted with Nathan Ashby, late of the town of Camillus in said county of Onondaga deceased. That this deponent was present as a witness & did see the said Nathan Ashby subscribe at the end thereof the instrument now produced & shown to this deponent purporting to be the last will & testament of the said deceased bearing date the 22nd day of March in the year of our Lord one thousand eight hundred & fifty two. That the said testator at the same time declared the instrument so subscribed by him to be his last will & testament. That thereupon this deponent & James R. Lawrance Jr of said City of Syracuse subscribed their names at the end thereof as witnesses thereto at the request of the testator & in his presence; and that the said testator at the time of executing & publishing the said last will & testament was of full age & of sound mind & memory not under restraint & was in all respects competent to make a last will & testament. Sworn before me this 2nd } Jos. F Sabine day of September A.D. 1852. } S.H. Hiscock, Surrogate. } Onondaga County, ss. Recorded the preceeding last will and testament of Nathan Ashby deceased as a will of real and personal estate, together with the proofs taken in the Court of the Surrogate of the county of Onondaga relating to said last will and testament which record is hereby signed and certified by me pursuant to the provisions of the Revised Statutes this second day of September in the year one thousand eight hundred and fifty two. S. H. Hiscock Surrogate transcribed by Diane Wilson Flynn 20 April 1998