WILL: Philo Ray; Onondaga, Onondaga co., NY surname: Ray, Gifford submitted by Lois B. Morrill (loisbrlmrl @ starpower.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ *********************************************************************** WILL: Philo Ray; Onondaga, Onondaga Co., NY Surname: Ray, Gifford Submitted by Lois B. Morrill Will from from SAMPUBCO photocopy, transcribed by Lois B. Morrill (loisbrlmrl@erols.com) Onondaga Co. NY Will Book Vol L page 54 At a Surrogate's Court held in and for the court of Onondaga, at the Surrogate's office, in the city of Syracuse, on the 20th day of February, in the year of our Lord one thousand eight hundred and sixty. Present, Samuel D. Luce, Surrogate. In the matter of proving the last will and testament of Philo Ray, deceased Onondaga County, SS. Be it Remembered that heretofore up on the petition of Lydia Ray, the sole executrix named in the last will and testament of Philo Ray, late of the town of Onondaga, in said county, deceased, for that purpose, to the surrogate of said county; a citation was duly issued in the matter, which citation with the proofs of service thereof were 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 that thereupon the last will and Testamet of the said Philo Ray, deceased, with the proofs thereof, were produced and are as follows to wit: I Philo Ray of the Town of Onondaga County of Onondaga & State of New York of the age of fifty one years & being of sound & disposing mind & memory do make publish & declare this my last will & Testament, in manner & form following that is to say First - I direct that my Executrix hereinafter named as soon after my death as the same shall become due, pay & discharge all my just debts & funeral expenses out of the property hereinafter mentioned - Second - I give & bequeath to my wife Lydia Ray all my real & personal property of whatsoever name & nature & wheresoever the same may be situate together with all my right title and interest herein or in any way wise or arising therefrom absolutely & unconditionally with full power & authority to use hold and dispose of the same as the she may see fit & think best, to have and to hold the same to the use of herself her heirs & assigns forever. Third & lastly I hereby appoint my said wife Lydia Ray sole executrix of this my last will & testament, hereby revoking all former wills by me made. In witness hereof, I have hereunto set my hand & seal, this nineteenth day of February in the year of our Lord one thousand eight hundred & fifty eight. Philo Ray LS The foregoing instrument consisting of one sheet was at the date thereof signed sealed published & declared by PhiloRay therein named as and for his last will & testament in presence of us who at his request and in his presence, & in the presence of each other have subscribed our names as witnesses thereto- W.H. Gifford of Syracuse Onondaga County New York Benjn Horton of the Town Onondaga County Onondaga NY Onondaga Surrogate Court In the matter of proving the last will and testament of Philo Ray, Deceased Onondaga County SS William H. Gifford of the City of Syracuse in the County of Onondaga, being duly sworn doth depose and say, that he, this deponent, was well acquainted with Philo Ray, late of the Town of Onondaga in the county of Onondaga, deceased. That this deponent was present as a witness, and did see the said Philo Ray, 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 nineteenth day of February, in the year of our Lord one thousand eight hundred and fifty-eight. 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 Benjamin Horton 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 and of sound mind and memory, not under restraint, and was in all respects competent to make a last Will and Testament . W.H. Gifford Subscribed and sworn this 20th day of February 1860, before me S.D. Luce, Surrogate Onondaga Surrogate Court In the matter of proving the last will and testament of Philo Ray, Deceased Onondaga County SS Benjamin Horton of the Town of Onondaga in the County of Onondaga being duly sworn doth depose and say, that he, this deponent, was well acquainted with Philo Ray, late of the Town of Onondaga in the county of Onondaga, deceased, That this deponent was present as a witness, and did see the said Philo Ray, 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 nineteenth day of February, in the year of our Lord one thousand eight hundred and fifty-eight. 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 William H. Gifford 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 and of sound mind and memory, not under restraint, and was in all respects competent to make a last Will and Testament. Benjn Horton Subscribed and sworn this 20th day of February 1860, before me S.D. Luce, Surrogate Onondaga County Surrogates office SS Recorded the preceding last will and tetament of Philo Ray, 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 25th day of February A.D. 1860. S.D. Luce, Surrogate Note: Joseph Albert Ray, son of Philo & Lydia d 1856 age 2yrs, Charlotte Elizabeth Ray, dau of Philo & Lydia d 1850 age 22 mos: Rose Cemetery (Old Danforth), Syracuse, Onondaga co NY: "Rose Cemetery was organized by a Colony of Scotch Market Gardners living in the vicinity of Brighton Ave " . Philo & Lydia Ray property sale to V. Gifford, Town of Manlius recorded 1839. Source: Onondaga Co NY rootsweb.