WILL: Portius F. Parsons; Oswego, Oswego, New York

submitted by Dave Mosbruger (dmosbruger@verizon.net)
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Source: sampubco.com
Oswego County, NY, Will Book Vol F, p 409
Written: 15 May 1858
Probated: 30 Aug 1858

Transcribed from SAMPUBCO photocopy by Dave Mosbruger.
Surnames: Garland, Parsons, Robinson

Last Will and Testament of Portius F Parsons, Deceased.

Be it Remembered, That heretofore, to wit: on the 8th day of July, in the year
of our Lord one thousand eight hundred and Fifty Eight William D Parsons the
Executor named in the Last Will and Testament of Portius F Parsons late of the
City of Oswego in the County of Oswego deceased, appeared in open Court,
before the Surrogate of the County of Oswego and made application to have the
said Last Will and Testament which relates to both real and personal Estate
proved; and on such application the said Surrogate did ascertain by
satisfactory evidence who were the heirs at law and next of kin of the said
testator, and their respective residences, 

And said Surrogate did thereupon issue a Citation in due form of law, directed
to the heirs at law and next of kin by their respective names, stating their
respective places of residence requiring them to appear before said Surrogate
at his office in the village of Fulton in said County, on the 23rd day of
August A.D., 1858, to attend the Probate of said Will, And the hearing of the
probate of said will having been adjourned until the 30th day of August 1858. 

And afterwards to wit: on the 30 day of August A.D. 1858, satisfactory
evidence by affidavit, was produced and presented to said Surrogate, of the
due service of said Citation in the mode prescribed by law; and on that day no
one appearing to oppose the Probate of such Will such proceedings were
thereupon had in said Court afterwards, that the said Surrogate took the
proofs of said Will hereinafter set forth, upon this 30 day of August A.D.
1858, and he thereupon adjudged the said Will to be a valid Will of real and
personal Estate, and the proofs thereof to be sufficient, which said Last Will
and Testament, and proofs are as follows, that is say:
WILL.

I, Portius F Parsons of the City of Oswego in the County of Oswego do make the
following as & for my last Will and Testament.

1st I give & bequeath to my wife Eleanor L Parsons all my household furniture
& goods owned by me wherever the same may be.

2d I give to my said wife Eleanor the use of my House & Lot situate in the
second Ward of the City of Oswego during her natural life being the same House
& Lot now occupied by me.

3d  Out of the residue of my personal property I direct my Executors herein
after named to pay all Debts owing by me & my funeral expenses.
4th  In case said personal property shall be insufficient to pay my said debts
then and in such case the balance shall be a charge on a certain piece of land
owned by me & situate in the Town of Scriba.

5th       I give and bequeath to my Executors hereinafter named all of my real
Estate situate in the Town of Scriba in the County of Oswego in trust to sell
& convey the same & the proceeds to divide equally between my children.

6th  all of the residue of my real estate wherever the same may be situate I
give & bequeath (subject to the life estate of my said wife) to my Executors
in the trust to sell & convey the same & the proceeds to divide & distribute
between my children & their heirs as follows to each of my three youngest
children two Eleventh parts thereof & to each of my other children one
eleventh part thereof.

7th  The life estate & bequest of personal property above given to my wife is
intended & declared to be in lieu of her right to dower in my Estate.

8th I hereby appoint William D Parsons Executor & my wife Eleanor L Parsons
Executrix of this my last Will & Testament & I hereby revoke all other wills
by me made.

9thThe residue of my personal Estate after the payment of my debts & funeral
charges I give & bequeath to my wife Eleanor L. Parsons.

Given under my hand & Seal this 15th day of May 1858.

Portius F. Parsons  LS

In presence of
Orville Robinson  Oswego, NY
John Garland      Oswego, NY

SURROGATE'S COURT

In the matter of Proving the last Will and Testament of Portius F Parsons
DECEASED

Oswego Count, S.S. Orville Robinson of the city of Oswego and John Garland of
the same place being first duly sworn, in open Court, upon their several
corporeal oaths, each for himself, doth depose and say, that they are
subscribing witnesses to the last Will and Testament of Portius F Parsons late
of the City of Oswego in the County of Oswego and State of New York deceased.
And these deponents do further say, that the said Portius F Parsons deceased,
did in the presence of each of these deponents, subscribe his name at the end
of the instrument in writing, which is now here shown to these deponents, and
which purports to be the last Will and Testament of the said deceased, and
which bears date on the 15th day of May one thousand eight hundred and Fifty
Eight.

That the said deceased did at the time of subscribing his name to the said
instrument as aforesaid, declare the same to be his Last Will and Testament;
and these deponents did thereupon subscribe their own respective names at the
end of said instrument, as attesting witnesses to the execution thereof, each
at the request of the said deceased, and in his presence and in the presence
of each other: That the said deceased, at the time of so subscribing his name
to said instrument as aforesaid, and publishing said instrument as aforesaid,
was upwards of twenty-one years of age, and a citizen of the United States;
that he appeared to be, and deponents believe he was of sound mind, memory and
understanding, and not under any restraint, and as deponents verily believe,
in all respects competent to devise real estate; that each of these deponents
saw the other sign his name to said instrument in the presence of the said
deceased.
Orville Robinson
John Garland

Subscribed and sworn to before me, this 30 day of August A.D. 1858
Amos G. Hull
Surrogate

Oswego County, SS.
It appearing upon the proofs duly taken in respect to the Last will and
Testament of Portius F. Parsons late of the City of Oswego in the County of
Oswego and State of New York, deceased, that the said Will was duly executed,
and that the said Portius F. Parsons at the time he executed the same, was in
all respects competent to devise real estate, and not under restraint, the
said last Will and Testament and the proofs and examinations are hereby
recorded, signed and certified by me pursuant to the provisions of the Revised
Statutes, this 30 day of August A.D., 1858

Amos G Hull Surrogate