Oswego County ,Colosse, Oswego, Co. NyArchives Wills.....Whitney, Benajah December 31, 1834
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File contributed for use in USGenWeb Archives by:
Laureen Whitney pwhitney3@twcny.rr.com November 14, 2008, 2:55 pm

Source: Original, Handwritten
Written: December 31, 1834
Recorded: August 4, 1835

Last Will and Testament of Benajah Whitney
Dated December 31,1834

	In the name of God, Amen, I Benajah Whitney of the town of Parish in the county
of Oswego and State of New York, being weak in body, but of sound mind and memory,
blessed be Almighty God. For the same do make and publish this my last will and
testament in a manner and form following (that is to say). Frist I give and
bequeath unto my beloved wife Rosine Whitney one third part of all my real and
personal property, together with the household furniture. I do also give and
bequeath unto my two sons James Whitney and Frances Whitney all the remaining two
thirds of my real and personal property together with all farming implements, I do
also give and bequeath unto my three daughters namely Jane Ann Whitney, Fanny
Juley Whitney and Mary Felinda Whitney the sum of one hundred and fifty dollars
each, which the said James an Frances is to pay unto the above named daughters out
of the property given them in this Will & testament provided that the property
given to James & Frances shall be apprised at eight hundred dollars and if less
then pay my daughters above named an amount so that each of my five children shall
share equal in the valuation after all debts are paid. And lastly as to all the
rest residue and remainder of my personal estate, goods and chattels, of what kind
and nature soever I give and bequeath the same to my beloved wife Rosine Whitney
whom I hereby appoint sole executrix of this my last will and testament and hereby
resolving all former wills by me made.
	In witness whereof I hereto set my hand and seal this thirty first day of
December in the year of our Lord one thousand eight hundred and thirty four ~
	Signed, sealed, published and declared by the above named Benajah Whitney & be
his last Will and testament in the presents of us who have here unto subscribed
our names as witness in the presence of us, who have here unto subscribed our
names in the presence of the testator ~
Benajah Whitney  LS
Sylvenus Coan
Ansel Ames
Ezra Spicer

Attached to this will by sealing wax
Where the following documents
The People
To
Rosine Whitney
Letters Testamentory
Recorded Dec. 28, 1835
Torrey Surrogate

State of New York } Be it remembered that at a surrogates Court held at Colosse in
the County of Oswego
Oswego County     } on the fourth day of August in the year of out Lord One
Thousand eight hundred and thirty five, before Joseph Torrey Surrogate of the said
county, the last Will  and testament of Benajah Whitney, late of the said county,
Deceased (a copy where of is here unto affixed) was admitted & probate after a
citation to the widow and next of kin of the said deceased, issued , served,
returned and filed, according to law; where       at the place and day aforesaid,
the following witnesses after having been duly sworn by the said Surrogate
testified as follows:
Anzel Ames and Ezra Spicer, testified that they saw Benajah Whitney execute the
instrument now shown to them, and they in his presence in the presence of others &
in the presence Sylvanus Coan and at the request of the testator subscribed their
names hereto as witness, That the said testator was of sound and despairing mind
and memory of full age and not under restraint. Sylvanus Coan, testified that the
said instrument was written by him at the request of Benajah Whitney who
subscribed the same in his presence, and that at his request, in his presence, in
the presence of Anzel Ames & Ezra Spicer he subscribed his name thereto as a
witness, that the said testator was of full age, of sound and despairing mind &
memory & not under any restraint. The said deponent kept said will until after the
decease of the said Benajah Whitney who at the time of the execution of the same
declared it to be his last Will & testament & dictated the same to the deponent
And further the said Coan testifies that on the fourth day of January One Thousand
eight hundred and thirty five, four days after said Will was wrote & executed, the
deponent was sent for & on his arrival at the residence of the testator appeared
wild, but soon after became more calm & informed this deponent that there would in
all probability be an increase in his family & that said increase was not by his
past Will & testament provided for, also that one of his boys was wild and might
not take good care of his property & he had come to the conclusion to give his
property to his wife & let her divide in among his children as she thought best.
That this deponent did think at the time that the testator was not of as strong &
sound mind as formerly. That this  in great hast wrote another will, but that the
testator was attacked with convulsions as he frequently had been periodically and
was unable to execute the pen  that the deponent took the seal from the will
formerly written (a copy accompanies herewith affixed) and attached it to the
paper which was not execute.
I the Surrogate upon the proof afore said, being satisfied of the genuineness, and
validity of the said will, order that the said will be admitted and probate and
letters testamentary there of be granted to Rosina Whitney executrix in the said
will named, after the extraction of thirty days from the time of taking the proof
aforesaid on her taking and subscribing the oath of office prescribed by law ~~~

	The people of the state of New York
To all whom then present shall cause, or may concern Joseph Torrey (signature)
Know Ye that at Colosse, in the County of Oswego on the fourth day of August in
the year of our Lord One Thousand eight hundred and Thirty five, before Joseph
Torrey, Surrogate of the said county, the last will & Testament of Benajah Whitney
late of said county, deceased (a copy where of is herewith annexed) was proved and
is now approved, and allowed by us, and said deceased, having whilst living and at
the time of his death, goods, chattels and credits, within this state by means
where of the pro   and registering the said will and granting administration of
all and singular the said goods, chattels and credits; and also the auditing
allowing and finally discharging the account there of doth belong to us, the
administration of all and singular the goods, chattel and credits of the deceased
and any way concerning the said will, is granted unto Rosina Whitney Executrix in
the said Will named she having first taken and subscribed and oath before the said
Surrogate, faithfully and honestly. Of such executrix, herby requiring you, the
said Rosine Whitney to make or cause to be made a true and perfect inventory of
all and singular the goods, Chattels and credits of the said deceased, which have
as shall come to your hand (  ) acknowledge as also to make as can be made
depictions of each inventory and cause the same to be signed by the appraiser, and
the same to be made and signed, that you make return there of, to the surrogate of
the said county, within three months from the date thereof.

In testimony whereof, we have caused the seal of office, of our said surrogate, to
be here with affixed
Witness Joseph Torrey
Surrogate of the said county, at Colosse in said county, the twenty eight day of
December,
One Thousand eight hundred and Thirty five
					Torrey Surrogate


Additional Comments:
This is the handwritten, wax sealed original

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