WILL: Leonard Pettis; Volney, Oswego co., NY surname: Pettis submitted by Fred Rose (f_rose at bellsouth.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: December 21, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.4 Kb ************************************************ Source: Sampubco.com Oswego co NY Will Book Vol. K page 291 Written: May 25 1868 Probated: April 5 1872 SURROGATE'S COURT In the matter of Proving the Last Will and Testament of Leonard Pettis deceased Oswego County, ss: David Arnold Lucretia K Arnold and Amanda Wescott 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 Leonard Pettis late of the town of Volney, in the County of Oswego and State of New York deceased. And these deponents do further say, that the said 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 25th day of May one thousand eight hundred and Sixty Eight. That the said deceased did at the time of subscribing his name to the said instruments 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 h name to said instrument in the presence of the said deceased, David Arnold Volney Os Co Ny Lucretia K. Arnold Volney Os Co Ny Amanda Wescott Volney Os Co NY Subscribed and sworn to before me, this 5th day of April A.D. 1872 Oswego County, ss; It appearing upon the proofs duly taken in respect to the Last Will and Testament of Leonard Pettis lated of the town of Volney in the County of Oswego and State of New York, deceased, that the said Will was duly executed, and that the said Leonard Pettis 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 5th day of April A.D. 1872 _____________ Surrogate LAST WILL AND TESTAMENT OF Leonard Pettis deceased, Be it Remembered, That heretofore, to wit, on the Fifth day of April in the year of our Lord, one thousand eight hundred and Seventy two David D Pettis Executor named in the Last will and Testament of Leonard Pettis late of the Town of Volney 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 ___ in the Village of ___ in the said County, on the ___ day of ___ A.D. 18__ to attend the Probate of said Will. And afterwards to wit: on the 5th day of April A.D. 1872 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 was thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this __ day of ___ A.D. 18__ 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 to say: WILL ____________________ In the name of God Amen I Leonard Pettis of the town of Volney County of Oswego & State of New York being of sound mind and memory & considering the uncertainty of this frail and transitory life do hereby make ordain publish and declair this to be my last will and testament that is to say First After all my lawful debts are paid and discharged I give and bequeath unto my beloved wife Sybil all my Estate real and personal Either in law or Equity in possession reversion or remainder to hold to her while she shall remain my widow Second I do appoint and ordain that after the decease of my wife Sybil all my real Estate with its appurtenances shall pass to the possession of my son David his hears or assigns Except the lot on Cayuga Street in the Village of Fulton Conveyed by Aubri D. Pettis to Leonard Pettis by Deed dated November 14th 1867 By appurtenances in the above I intend farming utensils wagons Sleighs Stock &C Said David is to have the sole use and benefit of said real Estate Provided he shall provide for and faithfully take care of said Sybil his Mother in sickness & health during her natural life also said Sybil is to Chose & hold such portions of the house for her benefit and comfort as she may think best Likewise I make and constitute & appoint David Arnold of Volney Os Co Ny to be Executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the 25th of May in the year of our Lord 1868 Leonard Pettis {LS} The above written instrument was subscribed by the said Leonard Pettis in our presence and acknowledged by him to Each of us & he at the same time declaired the above instruments so subscribed to be his last will & testament & we at his request have signed our names as witnesses thereto & written opposite our names our respective places of residence David Arnold Volney Oswego Co Ny Lucretia K Arnold Volney Os Co Ny Amanda Wescott Volney Os Co Ny