WILL: Ebenezer P. Howe; Pompey, Onondaga co., New York
surname: Howe, Gregory, Weston

submitted by: Kathleen W. Ogden (kayogden at jcom.home.ne.jp)
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Source: sampubco.com
Onondaga County, New York, Will Book Vol. J, page 131
Written: 29 Mar 1853
Probated: 16 June 1853

Transcribed from SAMPUBCO  photocopy by Kathleen W. Ogden.

In the matter of proving the will of Ebenezer P. Howe, deceased.

Be it remembered that heretofore upon the petition of Clarissa Howe sole
executrix named in the last will and testament of Ebenezer P. Howe, late of
the Town of Pompey 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 [line illegible] and citation are now on file in the office of
said Surrogate.

[--?--] the last will and testament of the said deceased and the proofs
thereof were processed and are as follows viz:  

In the name of God, Amen. I Ebenezer P. Howe of the town of Pompey, County of
Onondaga and state of NY, [--?--] the age of fifty five years and being of
sound mind and memory do make publish and declare this my last will and
testament in manner following, that is to say.

First I give and bequeath to my wife Clarissa one third of all my estate both
real and personal to be under her entire control during her natural life for
the purpose of her own support and the support of my three children, Jane Ann,
William Henry, and Emma Clarissa and at her decease to be divided between my
said three children as follows to wit:  

One half to my son William Henry and the other half equally between my two
daughters above named. And I hereby empower my said wife at any time after my
decease to dispose of my real & personal estate when she may deem it for the
best interest of herself and children to do so & appropriate the avails or so
much as is necessary to the purchase of a small place, or put the sum out at
interest. The avails of the products of the farm or so much as shall be
necessary are to be appropriated to the support of my family aforesaid and to
the education of my two younger children William Henry and Emma Clarissa.

Second I give and devise all the rest residue and remainder of my estate both
real and personal to my three children above named to be divided between them
as follows. One half to my son William Henry and the balance equally between
my two daughters above named.

Third I further will and direct that no division of said property is to be
made until the youngest child becomes of age excepting in case of the marriage
of my daughter Jane Ann (before that time) she is to have a setting out which
is to be a part of her dowry or portion hereby assigned her.

And lastly I hereby appoint my wife Clarissa sole executrix of this my last
will and testament. 

In witness whereof I have hereunto set my hand and seal this 29th day of March
1853.
                                   E. P. Howe
The above instrument consisting of one sheet was duly subscribed by Ebenezer
P. Howe the testator in the presence of each of us & was at the same time
declared by him to be his last will and testament and we at his request sign
our names hereto as attesting witnesses. The word "she" underlined before
execution.
     Benj. S. Gregory of Jamesvill Onondaga County
     Elijah Weston Jr. of Pompey Onondaga County

Benjamin S. Gregory of the town of De Witt in the County of Onondaga being
duly sworn and examined doth depose and say that he this deponent was well
acquainted with Ebenezer P. Howe late of the town of Pompey in the county of
Onondaga deceased. That this deponent was present as a witness and did see the
said Ebenezer P. Howe subscribe 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 29th day of March in the year of our Lord one
thousand eight hundred and fifty three. That the said testator at the same
time declared the instrument so subscribed by him to be his last will and
testament that thereupon this deponent and Elijah Weston previous of the town
of Pompey in said county 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
and testament was of full age and of sound mind and memory not under restraint
and was in all respects competent to make a last will and testament.
                                   Benj. S. Gregory
Sworn this 16th day of June 1853 before me L. H. Hiscock, Surrogate

Elijah Weston Jr. of the town of Pompey in the County of Onondaga being duly
sworn and examined doth depose and say that he, this deponent, was well
acquainted with Ebenezer P. Howe, late of the town of Pompey in the county of
Onondaga, deceased. That this deponent was present as a witness and did see
the said Ebenezer P. Howe subscribe at the end thereof this instrument now
produced and shown to this deponent, purporting to be the last will and
testament of the said deceased, bearing date the 29th day of March in the year
of our Lord one thousand eight hundred and fifty three. That the said testator
at the same time declared the instrument so subscribed by him to be his last
will and testament that thereupon this deponent and Benj. S. Gregory of the
town of De Witt in said county 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
and testament was of full age and of sound mind and memory not under restraint
and was in all respects competent to make a last will and testament.
                                   Elijah Weston Jr.
Sworn this 16th day of June 1853 before me L. H. Hiscock, Surrogate

Recorded the preceeding last will and testament of Ebinezer[sic] P. Howe
deceased, as a will of real and personal estate together with the proofs
thereof taken in the Court of the Surrogate of the County of Onondaga which
record is hereby signed and certified by me pursuant to the provisions of the
revised statutes, this 16th day of June in the year one thousand eight hundred
fifty three.
                                   L. H. Hiscock, Surrogate