WILL: Orange Wilkinson; Varick, Seneca co., NY surname: Wilkinson, Babcock, DeGroff submitted by Roxann Wilkinson (david.s.wilkinson @ worldnet.att.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/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Roxann Wilkinson Seneca co NY Will Book Vol. C page 85 Be it remembered that heretofore to wit on this 29th day of December 1847, Lucinda Wilkinson and Orange W Wilkinson, executors named in the Last Will and Testament of Orange Wilkinson, late of Varick in the county of Seneca deceased, appeared in open court before the surrogate of this county aforesaid and made application to have the said Last Will and Testament, which relates to both real and personal property, and on such application the surrogate aforesaid did ascertain by satisfactory evidence who was the widow, heir, and next of kin of the deceased, and their respective residences,-that is to say- that the said Lucinda, was the widow of the said deceased-that Marietta Babcock, wife of John Babcock-the said Orange W Wilkinson, Sally Ann Wilkinson, Hersey K Wilkinson, all residing in the county of Seneca & all of full age-and Gary Wilkinson-Mary Jane Wilkinson & Caroline Wilkinson, minors in said county having no general guardian-Lemmon Wilkinson & Lyman Wilkinson, residing in Cayuga county-and Esther DeGroff, wife of Abram DeGroff residing at North Norwich, Huron county Ohio-&Fleming A Wilkinson residing at South Bend Indiana-were heirs & next of kin of the said deceased. Wherefore a special guardian was appointed by said surrogate in due form of law for said minors to take care of their interests the matters of proving said Will, by an order executed by said surrogate for that purpose, and said surrogate did there upon issue a citation in due form of law directed to said persons who are of full age (except the said widow & Orange W) and to William Beary, special guardian of said minors, by their respective names, & stating their respective places of residences, requiring them to appear at the aforesaid surrogate in the village of Waterloo in said county on the fourteenth day of February there next, at 10 0'clock in the forenoon of that day and attend the probate of said Will. And afterward to wit on the said fourteenth day of February, satisfactory evidence by affidavit as to those residing in this state and by acknowledgement duly authenticated as to those residing out of this state, was presented and produced to said surrogate of the service of said citation in the mode presented by law-and on that day, the said Lucinda and Orange W, appeared in a court then and there held by aforesaid surrogate and moved that proof relating to said Will be taken-that said Sally Ann-Hersey K-and William Beary, special guardian as aforesaid also appeared-none of the other persons to whom said citation was directed appeared-and no one appearing to oppose the probate of said will, such proceedings were thereupon had, that the said surrogate took the proofs of said Will hereinafter set forth, upon the day last aforesaid-and he adjudged the said Will to be a valid will of real and personal estate, and the proofs thereof to be sufficient, and that the said Last Will and Testament, and the proofs and examinations taken in respect to the same be recorded, and that said Will be admitted to probate. Which said Last Will and Testament and proof are as follows, that is to say, The Last Will and Testament of Orange Wilkinson of the town of Varick in the county of Seneca and state of New York. The Last Will and Testament of Orange Wilkinson of the town of Varick in the county of Seneca and state of New York. I, Orange Wilkinson, considering the uncertainty of this mortal life, and being of sound mind and memory (blessed be Almighty God for the same) do make and publish this my Last Will and Testament in manner and form following, that is to say, First. I will and bequeath to my beloved wife Lucinda Wilkinson, for and during her natural life, or in lieu of dower, all that part of my farm (situated in the town of Varick, county and state aforesaid) lying and being south of the lane on lot 58 in the late West Cayuga Reservation, o the west side of the Cayuga Lake, bounded as follows to wit. Beginning in the center of the Reservation road at the north west corner of land owned by Hersey Kinney-thence easterly on said Kinnies north line and lands owned by the heirs of Andrew Berngstresser (deceased) to lands of Abram Stahl thence northerly on said Stahls west line, parallel to said south lane fence to the centre of said highway from thence southerly to the place of beginning. I also will that she shall have during her life the free use and occupation of said lane in going to her fields and woods, in her own way and manner. Also the use of the barn and yards as now fenced on the north side of same lane, during her natural life. I also will and bequeath unto my said wife during her life out of the personal property of which I may die seiged the following, viz all the house furniture and household stuff-two cows of her choice, out of all in the premises belonging to me at my decease, one harness for a pair of horses of her choice out of all of which I may die seiged, also one drag and one plow, one two horse waggon, and one sleigh of her choice out of what may belong to me at my decease-also all of the poultry and all the cellar provisions and grane sufficient for her use one year from my decease, (meaning bread stuff) Also one equal third part of all the grain that may be growing on my farm at my decease. Second. I will order and determine that all the rest and residue of my said home farme lyin north of the part willed to my said wife be sold by my executors herein after named for such service as they may think a fair value therefore, and they may give a credit in their discretion but in all cases of credit to take bond and mortgage security with annual interests and that the proceeds of said land shall be paid to my heirs hereinafter maned (sic) by my executors as hereinafter stipulated. Third. I will and devise unto my son Orange W Wilkinson, his heirs and assigns forever all that certain piece of land I own on lot 48 military tract in the town of Varick county of Seneca, state aforesaid bounded on the south by lands owned by David Ireland, on the east by land owned by Christian Kinney, on the north by land owned by said OW Wilkinson and Michael Brown, containing about forty acres of land in the following form and manner to wit-said premises to be valued at one thousand dollars out of which his legacy or heirship shall be taken and the balance be paid by him as herein after directed. Fourth. I will, order and determine that all the rest and residue of my personal estate not willed to my said wife be solde by my executors, and out of the proceeds to pay all my outstanding debts and expenses of my estate, funeral expenses, etc and the balance to be plused with the money arising from the sale of the lands aforesaid to be solde by my executors and the one thousand dollars the (valuation) of the premises, willed to my said son Orange Wilkinson, which jointly will forme the sum to b e divided amongst all my children, sons and daughters. Fifth. I will order and determine that whereas I have advanced and paid in my lifetime heretofore unto my son Lemmon Wilkinson the sum of four hundred dollars also to my son Lyman Wilkinson the sum of four hundred dollars to my daughter Maryette Babcock the sum of two hundred fifty dollars, also to my daughter Esther DeGroff the sum of one hundred dollars, to Hersey Wilkinson, my son, a lot of land at two hundred dollars also to Fleming A Wilkinson the sum of three hundred dollars. I therefore order and determine that such sums so as above stated to have been paid to each be deducted out of their shares or heirship each as so much received by them individually. Sixth. I will order and determine that my sons hereinafter named shall have and share each five dollars to my daughters hereinafter named each three dollars and that all my property when reduced to money shall be divided in that ratio, the boys to have five dollars as often as the girls three dollars and that the aforesaid shares advanced by me be reconed by my executors to each in the same ratio and taken out of respective shares as so much received by them and that all receipts taken by me hereafter during my life time for moneys or other things advanced to be reconed and accounted to such heir as so much by him or her received towards his or her share or legacy after my deceas all security heretofore taken not to be taken into account, and the one taken of my son Hersey Wilkinson bearing this date for the lot of land is not to be counted the same being mentioned in the fifth above. Seventh. I will that my executors hereinafter named after ascertaining by sale of the property to be sold as aforesaid the ammount or sum total for distribution may divid the amount in proportion as aforesaid and pay any of the heirs named as follows, Maryette Babcock, my daughter, Orange W Wilkinson, Lemmon Wilkinson, Lyman Wilkinson, Hersey Wilkinson, Fleming A Wilkinson, and Gary Wilkinson, my sons-also Esther DeGroff, Sally Ann Wilkinson, Mary Jane Wilkinson, and Caroline Wilkinson, my daughters, their shares, balance or parts thereof in their discretion out of the moneys as they come to the hands of the executors. 8th. I will order and determine that if any of the afforesaid children should not have to the age of twenty one years at my decease that their shares shall be put to interest by my executors until they shall arrive at the age of twenty one years and then to be paid as afforesaid. And that the amount of money which may be coming from my son Orange Wilkinson may be retained in his hands and paid to the youngest heir or heirs on their arriving at the age of twenty one years, by his paying anual interest thereon, that the said heirship on division, share of the said Orange W Wilkinson shall be deducted from the one thousand dollars the value of the premises willed to him and the remainder be accounted for and paid as afforesaid. 9th. I will, order and determine that on the decease of my said wife Lucinda Wilkinson, my executor shall proceed to sell the real estate willed to her, as soon as a fair value can be obtained therefore, and he may give a credit in his discretion in the sale thereof, but shall take bond and mortgage security in cas of giving a credit. And he shall also convert into money what may be left if any of the personal property willed to my said wife and after defraying all expenses of settling her estate or charges that may arrise thereon in the adjustment thereof, shall proceed to divide and pay the same in proportions as afforesaid to each and all my sons and daughters before mentioned. 10th. I do hereby choose and appoint my wife Lucinda Wilkinson executor and my son Orange W Wilkinson executor of this my Last Will and Testament hereby revoking all other or former wills or will by me at any time made. In witness whereof I have hereunto set my hand and seal the fourteenth day of March in the year of our Lord 1846 Orange Wilkinson The above instrument consisting of three half sheets was here subscribed by Orange Wilkinson the Testator in the presents of each of us and was at the same time declared by him to be his Last Will and Testament and we at his request sign our names hents as attesting witnesses. William Beary, residing in the town of Fayette, Seneca county NY Fitz Hopkins, residing in the town of Fayette, Seneca county NY County of Seneca: Recorded the preceding Last Will and Testament of Orange Wilkinson deceased; as a Will of real and personal estate, together with the proofs taken with the court of the Surrogate of the county of Seneca, relating to the said Last Will and Testament; which record is hereby signed and certified by me, pursuant to the statutes in such case made and provided this fourteenth day of February, One thousand eight hundred and forty eight.