Will: James Carrell; Romulus, Seneca co., NY
surname: Carrell, Doremus

submitted by Kristin Grip (kgrip29 @ aol.com)
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http://www.usgwarchives.org/ny/nyfiles.htm
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CARRELL, James

Transcribed from SAMPUBCO photocopy by Kristin Grip
Seneca Co NY Wills: Vol. E, page 162

Last Will and Testament of James Carrell, Deceased.
Be it Remembered, That heretofore, to wit: on the Twentieth day of June in the
year of our Lord one thousand eight hundred and fifty seven, John Carrell, one
of the Executors names in the Last Will and Testament of James Carrell late of
the town of Romulus in the County of Seneca deceased, appeared in open Court,
before the Surrogate of the County of Seneca, 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 at offering that Edward Dore(?)
one of said heirs at las was a minor having no general guardian residing in
this State and Hugh? Montgomery residing M? in said County having considerated
in writing thereby has thereupon duly appointed Special Guardian for said
minor for the sole purpose of offering further taking care of the interests of
said minor and (?) proof of said Will and said Surrogate did thereupon issue a
Citation in due form of law, directed to the heirs at law, and next of kin and
Special Guardian by their respective names, stating their respective places of
residence, requiring them to appear before said Surrogate at the Court House
in the village of Ovid in said County, on the 29th day of July A.D. 1857, to
attend the Probate of said Will.

And afterward to wit: on the 29th day of July A.D. 1857, 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 29th day of July A.D., 1857, 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

The Last Will and Testament of James Carrell of Romulus, Seneca County, and
State of New York.  I, James Carrell considering the uncertainty of this
mortal life, and being of sound mind and memory do make and publish this my
last Will and Testament in manner and form following that is to say.  To my
two daughters, Jane and Martha, after my decease, I give to each of them the
same articles and the same in value as an out set, which I gave to my two
daughters Sarah and Matilda, consisting of household furniture and all other
articles which I gave to my two daughters above named and the same in value to
be given to them at my decease for their own use and benefit forever
thereafter. Also to my two daughters Jane and Martha above named, I give and
bequeath at my decease one horse and harness for the same and a buggy waggon
for their own use and as their own property after my decease. I give and
bequeath to my grandson Edward Doremus, son of my daughter Sarah deceased, the
sum of three hundred and fifty dollars to be paid to him at the expiration of
six months after he shall arive at the age of twenty one years, without
interest for said six months but if I should be living when he arrives at the
age of twenty one years then and in that case the said three hundred and fifty
dollars shall not be paid to him until six months after my decease without
interest for said six months as aforesaid. I give and devise to my son John
one hundred and six acres of land to be taken from the south part of the farm
now used and occupied by me, together with all the buildings appurtenances and
privileges thereunto belaying and situated thereas said one hundred and six
acres of said farm to be taken off and divided by a line to be run East and
West from the East line bounding said farm to the West line and boundary
thereof so as to take off from the South part of said farm one hundred and six
acres of land as aforesaid. Which said one hundred and six acres I give and
devise to my said son John as aforesaid the remainder of my said farm (north
of the part above devised to my son John) containing thirty four acres. I give
and devise the same (thirty four acres as aforesaid) to my daughter Matilda
and to her heirs forever.

To my two daughters Jane and Martha I give and devise the farm now used and
occupied by my said son John, containing sixty four acres each of my said two
daughters Jane and Martha to have an equal share in the value of said sixty
five acres, which sixty five acres is bounded by lands belaying to the (?)
viz, on the West by lands belaying to Coe Swaithaut and Garret Doremus on the
South by lands belayed to the said Coe Swaithaut, on the East by lands
belaying to John Sutton and on the North by lands belaying to Franklin
Whiting.

I do hereby appoint my son John and my friend Peter Van Vleet as Executors of
this my last will and testament.

In witness whereof I have hereunto set my hand and seal the Twenty Seventh day
of May in the year of our Lord one thousand eight hundred and fifty seven.

James Carrell {L.S.}

Signed, sealed, published and declared by the said James Carrell to be his
last will and testament in presence of us who at his request and in his
presence and in presence of each other have hereunto subscribed our names as
witness.

Stephen R. Miller, of Romulus, Seneca County
Coe Swaithaut, of Romulus, Seneca County

Renunciation of Executor
Seneca County Surrogate Court
In the Matter of Proving the Last Will and Testament of James Carrell deceased

I, Peter Van Vleet of the town of Romulus in the County of Seneca and State of
New York, one of the Executors named in and appointed by the last will and
testament of James Carrell late of the town of Romulus in the County of Seneca
and State aforesaid, do hereby renounce the said appointment, and all right
and claim to letters testamentary of the said last will and testament or to
act as an Executor thereof, and ask the Surrogate of Seneca County to accept
and record this my renunciation signed in presence of Hugh Montgomery.
P. J. Van Vleet {L.S.}

S. G. Hadley
Seneca County SS
On this 29th day of July A.D. 1857 before me personally came Peter J. Van
Vleet, to me personally known to be the same person described in and who
executed the above instrument and acknowledged to me that he executed the
same.
S. G. Hadley, Surrogate

Seneca County Surrogate’s Court.
In the matter of Proving the last Will and Testament of James Carrell
deceased.
Seneca County, ss.
Stephen R. Miller of Romulus, Seneca County NY and Coe Swaithaut 2nd of the
same place being first duly sworn, in open Court, upon their several corporael
oaths, each for himself, doth depose and say, that they are subscribing
witnesses to the last Will and Testament of James Carrell late of the town of
Romulus in the County of Seneca and State of New York deceased. And these
deponents do further say, that the said James Carrell 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 Twenty-Seventh day of May one thousand eight hundred and
fifty seven. 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 min, 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. And at the same time said deceased signed his
name to said will and so published said will; and the said Stephen R. Miller
said that he wrote said will at the request of said deceased and as he
dictated and that after the same was written and before it was subscribed by
said deceased, deponent carefully and audibly read said will to said deceased
who expressed himself satisfied therewith.
Subscribed and sworn to before me, this 29th day of July A. A. 1857
S. G. Hadley, Surrogate
Coe Swaithaut 2
Stephen R. Miller

Seneca County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and
Testament of James Carrell late of the town of Romulus in the County of Seneca
and State of New York, deceased, that the said Will was duly executed, and
that the said James Carrell 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 29th day of July A.D. 1857.
Sterling G. Hadley, Surrogate