WILL: Ethni Fillmore; Boylston, Oswego co., NY surname: Fillmore, Trumble, Field, Audecork, Wells, Rudd, Baxter, Phillips, Woodruff, Hackley, Houghton, Bargy, Powers, Colegrove submitted by VERA MAE RUDD-YOUNG (vruddyoung at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: April 12, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.0 Kb ************************************************ Source: sampubco.com Wills Oswego County NY Vol. B page 244 Written: February 22, 1842 Recorded: June 18, 1844 At a Surrogate's Court held at Richland, in the County of Oswego, on the eighteenth day of June, in the year of our Lord, 1844, before Joel Trumble, Surrogate of the said County for the purpose of proving and recording the last Will and Testament of Ethni Fillmore, late of the Town of Boylston in the County of Oswego, deceased in persuance(sic) of the Statutes of the State of New York, on the application of Lavias Fillmore, a legatee in said Will named. Jeremiah Field of Ellisburg, being duly sworn, and examined in open court, testified that he was well acquainted with Ethni Fillmore, deceased, and had been for the last twenty years immediately preceding his death- that he died in the month of March last past at Boylston in the County of Oswego, which was the last place of his residence at the time of his death. That he saw the Testator sign the paper here offered to be proved, recorded and admitted to probate as the last Will and Testament of the said deceased the..time..stayed it be so d ate the seal having been previously affixed, that this deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at his request, and in the presence of Jacob Audecork and Eben Wells, who also at the same time signed the same as subscribing witnesses in the presence of the Testator and at his request that the said Testator at the time he so signed the said will, then and there in the presence of this deponent and in the presence of the other subscribing witnesses, published and declared the same to be his last will and Testament, and this Deponent further says that the said Testator at the time he so signed, published and declared the same as aforesaid was of sound mind and possessing mind and memory of full age and not under restraint and capable of devising real and personal estate Jeremiah Field. Jacob Audecork- being duly sworn in open court testified that he had been acquainted with Ethni Fillmore about four years next before his death, lived within a half mile, the paper produced is the paper to which deponent put his mark, the Testator sent Mr. Rudd for deponent to come and witness his Will, he went .. the Testator in the presence of this deponent and the other two Witnesses, took the paper here presented in his hand and declared that it was his last will and Testament, that he had made it of his own free will, that this deponent then in the presence of the Testator and the other witnesses, signed the same, as a witness, by making his mark and the said Jeremiah Fields and Eben Wells also in the presence of this deponent and the said Testator signed the same as subscribing Witness, does not recollect that he heard the Testator request him to sign it as witnesses, at this time the said Testator was of sound mind and memory, capable of devising real and personal estate and not under restraint the said Testator died at his place of residence in the Town of Boylston, in the County of Oswego, in the month of March last. Jacob X Audecork his mark Eben Wells being duly sworn in open court says that he was present at the execution of the Will aforesaid but is not certain that the Testator signed his name to it in presence of deponent. Mr. Rudd came for deponent to witness a Will, when he arrived there, the Testator took the Will in his hand and said "This is my only and last Will. I have made it of my own free will and I would like to have you sign it as a witness", deponent then then signed the same as a witness in the presence of the said Testator, and in the presence of Jacob Audecork, and Jeremiah Field, the other subscribing witnesses, at the time the said Testator published and declared the paper here presented to be his last Will as aforesaid, he was of sound mind and memory, capable of devising real and personal estate, and was not under any restraint, deponent understood said Testator died in March last, at his place of residence in Boylston, in the County of Oswego. Eben Wells In the name of God, Amen, I Ethni Fillmore of Ellisburg, in the County of Jefferson and State of New York, do make and declare this my last Will and Testament in manner and form following. First, I assign my Soul into the hands of Almighty God, hoping and believing in a remission of my sins by the merits and mediation of Jesus Christ. And my body I commit to the earth to be buried at the discretion of my Wife and Children made with as little pomp and parade as possible, and my worldly estate I give and devise as follows: viz 1st I give, devise and bequeath unto my daughter Abigail Baxter, about thirty nine acres and twenty two hundreths of land in Lot No.45, in the Town of Boylston, in the County of Oswego and State aforesaid, and bounded as follows, on the North by the road, on the West by Thurston Baxter and on the South by JnB.Man's land, on the East and North by Ebenezer Jacob's and Barna Pryme land.- To have and to hold to my said daughter Alzina and to her heirs and assigns forever. 2nd I give, devise and bequeath unto my daughter Lavina Phillips the twenty five acres which I own in Lot No. 36, in said Town of Boylston, and also about forty five acres in Lot No. 35 in said Town of Boylston, bounded on the East by the East line of said Lot No. 35, and on the South by the Wart Lot so called, to the North corner of the said Wart lot, and thence running North to the center of the Brook, and thence down the center of said Brook /so far that a line running North and South from the said centre of the brook / to the North line of said lot, and thence East on the same to the NE. corner of the same shall contain forty five acres, to have and to hold to my said daughter Lavinia and to her heirs and assigns forever. 3rd I give and bequeath unto my daughter Lodisca Woodruff, about twenty acres in Lot No. 55, in said Town of Boylston, Beginning on the West line of the said piece of land given as aforesaid to my daughter Lavinia, and about thirty rods south of the North line of said lot No. 35, and thence South on the West line of said piece so given to the said Lavinia and in said line continued South to the centre of the Brook and the North line of Thurston Baxter's land, and thence down the centre of said Brook so far that a line running North and intersecting a line running West from the place of beginning of the said hereby subscribed, shall contain twenty acres of land to have and to hold to her the said Lodisca and to her heirs forever. 4th I give, devise and bequeath unto my daughter Adelia Rudd about ninety five acres and sixty six hundreths of land on Lot No. 25, in said Town of Boylston, and lying in the South West corner of said Lot and beginning at tbe S.W. corner of said Lot, thence East on said South line thirty one chains and fifty three links, thence North and parallel to the West line of said Lot thirty chains and thirty four links thence West and parallel to the South line of said Lot, thirty one chains and fiftythree links to the West line of said Lot, thence South and on the West line of said Lot to the place of beginning, to have and to hold to her the said Adelia, and to her heirs forever. 5th I give, devise and bequeath unto Malvina W. Hackley, Harriet Hackley, Amasa L. Hackley, Maretta (Martha) W. Hackley, and Lovenda A. Hackley, children of Stephen W. Hackley and my deceased daughter Miriam the sum of six hundred dollars, to be divided equally between them share and share alike as follows, viz, two hundred dollars in sale of neat stock and horses, and the residue in cash within fourteen years from the date hereof. 6th I give, devise and bequeath unto my daughter Brunette Houghton the sum of ten dollars within two years after my decease, And I also give unto Julia Bargy daughter of my daughter Brunette and by heir of said Brunette, the sum of three hundred dollars; within fourteen years from the date thereof, in saleable neat stock and horses Two hundred dollars of the aforesaid payable in money. 7th I give, devise and bequeath unto Harriet Powers, my daughter, the sum of ten dollars, to be paid to the said Harriet or to her heirs within two years from my decease.--And I also give unto my Grand Daughter Eunice M.J. Colegrove, daughter of the said Harriet Powers, and legal heir of the said Harriet, the sum of three hundred dollars one third in saleable neat stock and a horse, the remainder in cash, to be paid to the said Eunice M. J. or heirs, within fourteen years from the date hereof. 8th two complete lines are crossed out, they are rewritten as 9th 8th I give, and devise unto my son, Lavias Fillmore and to his heirs the sum of five dollars, payable within fourteen years from the date hereof. 9th I give, devise and bequeath unto my beloved Wife Eunice, all the rest, residue and remainder of all my estate and effects, real and personal whatsoever and wheresoever situated, not herein before otherwise effectually disposed of, after payment of my debts, legacies and funeral expenses, and other charges and deductions as aforesaid.--to her and her heirs forever, to dispose of the same as my said Wife shall choose 10th And lastly, I hereby appoint my beloved Wife Eunice, Executriz of this my last Will and Testament. In witness whereof, I have hereunto set my hand and seal the 22nd day of February, in the year of our Lord, one thousand,eight hundred and forty two. ETHNI FILLMORE LL Signed, sealed , published and declared by the said Testator, as and for his last Will and Testament, in presence of us who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. Interlined; 2nd line from top of this page,, one third,, the remainder in cash. Date 22nd blotted- before the execution of the same. Eben Wells - Town of Boylston, - County of Oswego, NY. Jacob X Audecork - Town of Ellisburgh, Jefferson Co. N. Y. his mark Jeremiah Fields-Same Town, County and State aforesaid Additional Comments: Transcribed from SAMPUBCO copy by V. Ruddyoung Oswego County, NY -38-B-244 Fillmore, Ethni-Boylston B-63 First draft transcribed from probated will February 11, 2006, Third great grand daughter of Ethni Fillmore