WILL: Ananias Ashby; Camillus, Onondaga co NY surname: Ashby 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 Onondaga co NY Will Book Vol. L page 258 The Will of Ananias Ashby (Onondaga County Will Book L, pp. 258-160) At a Surrogates court. held in and for the county of Onondaga, at the Surrogate's office in the city of Syracuse, on the 22nd day of April in the year of our Lord one thousand eight hundred and sixty-one. Present, Samuel D. Luce, Surrogate. In the matter of proving the } last will and testament } of } Ananias Ashby, deceased. } Onondaga county. ss. Be it remembered that heretofore upon the petition of Ebenezer Ashby, one of the executors named in the last will and testament of Ananias Ashby, late of the town of Camillus in said county, deceased, for that purpose, to the Surrogate of said county, a citation was duly isued 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 Ananias Ashby, deceased, with the proofs thereof, were produced and are as follows, to wit: In the name of God Amen. I Ananias Ashby of the town of Camillus county of Onondaga and State of New York . 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 & devise to my wife Esther Ashby all my real estate, land & hereditaments with the appurtenances thereunto belonging to be held and enjoyed by her during the period of her widowhood after my decease subject neverthe less to the charge of maintaining my two daughters Jane Ashby and Emily Ashby so long as they shall remain single. It being my intention to grant to my said wife the property aforesaid for the term of her natural life, the rents & profits of the same to be used by her for her support & maintenance & the support & maintenance of my two said daughters Jane and Emily while they shall remain single and after her death to be disposed of in the manner hereinafter directed. Second I give and devise unto my two sons Ebenezer Ashby and Ananias Ashby Jr. all my said real estate, land tenements and hereditaments to have and to hold the same & every part thereof, from and after the period of the death or marriage of my said wife to themselves & their heirs forever, subject nevertheless to the payment of a legacy of five hundred Dollars to each of my children to whom such legacy is hereinafter bequeathed to, wit Sarah Ashby. Jane Ashby. Emily Ashby and Anthony Ashby making the sum of two thousand dollars which I hereby charge upon the said land & the same is to be paid as hereinafter mentioned within the period of fifteen years after the death of my said wife. I also give and bequeath unto my two said sons Ebenezer Ashby and Ananias Ashby Jr all my personal property & effects of every kind whatsoever which shall remain after the death of my said wife to be held and enjoyed by them for their own use and benefit forever. I further direct that in case the said Jane Ashby and Emily Ashby shall remain unmarried after the death of my said wife. then the said Jane and Emily shall continue to receive their support & maintenance from the said property and I hereby direct my two said sons Ebenezer Ashby & Ananias Ashby Jr to support and maintain the said Jane and Emily so long as they shall remain single. Third. I give and bequeath unto my son Anthony Ashby the sum of five hundred dollars hereinbefore mentioned to be paid to him within fifteen years after the death of my said wife. Fourth. I give and bequeath unto my daughter Sarah Ashby the sum of five hundred dollars to be paid to her as hereinaforesaid within fifteen years after the death of my said wife. Sixth I give and bequeath unto my daughter Emily Ashby the sum of five hundred dollars aforesaid to be paid to her within fifteen years after the death of my said wife. None of the said Legacies are to draw interest until they become payable. And all of them are to be paid by my two sons Ebenezer Ashby and Ananias Ashby Jr out of the said lands devised to them which is charge as aforesaid with the payment thereof. Lastly I do hereby nominated and appoint my son Ebenezer Ashby. my son Ananias Ashby Jr and my friend Dr. Alexander J. Dallas executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal this 17th day of November in the year of our Lord one thousand eight hundred and sixty. Ananias Ashby.| L.S. | The above instrument consisting of one sheet was at the date thereof signed sealed published & declared by the said Ananias Ashby as and for his last will and testament in presence of us who at his request & in his presence & in the presence of each other have subscribed our names as witnesses thereto. Cyrus Sweet. residing at Camillus Onondaga Co N.Y. Alexr. J. Dallas residing at Camillus Onondaga County N.Y. Surrogate court, county of Onondaga } In the matter of proving the } last will and testament } of } Ananias Ashby, deceased. } Onondaga county. ss. Cyrus Sweet of the town of Camillus in the county of Onondaga, being duly sworn and examined, doth depose and say, that he, this deponent, was well acquainted with Ananias Ashby, late of the town of Camillus in the county of Onondaga, deceased. That this deponent was present as a witness and did see the said Ananias Ashby 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 17th day of November, in the year of our Lord one thousand eight hundred and sixty. 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 Alexander J. Dallas 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 and publishing the said last will and testament, was of full age, of sound mind and memory, not under restraint, and was in all respects competent to make a last will and testament. Subscribed and sworn this 22d } Cyrus Sweet day of April, 1861, before me, } S.D. Luce, Surrogate } Surrogate court, county of Onondaga } In the matter of proving the } last will and testament } of } Ananias Ashby, deceased. } Onondaga county. ss. Alexander J. Dallas of the town of Camillus in the county of Onondaga, being duly sworn and examined. doth depose and say. that he, this deponent, was well acquainted with Ananias Ashby late of the town of Camillus in the county of Onondaga, deceased. That this deponent was present as a witness and did see the said Ananias Ashby 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 17th day of November, in the year of our Lord one thousand eight hundred and sixty. That he 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 Cyrus Sweet 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 and publishing the said last will and testament, was of full age, of sound mind and memory, not under restraint and was in all respects competent to make a last will and testament. subscribed and sworn this 22d } Alexander J. Dallas day of April, 1861, before me, } S.D. Luce, Surrogate } Onondaga county Surrogate's Office} ss. Recorded the preceding last will and testament of Ananias Ashby, deceased as a will of real and personal estate, together with the proofs thereof taken and had 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 22nd day of April, A.D. 1861. S. D. Luce, Surrogate Transcribed by Diane Wilson Flynn 20 April 1998