The Will of John Wilson of Morristown, St. Lawrence Co., NY

Transcribed from the original Surrogate's Court document, preserving
spelling, punctuation, & syntax, by Janette Wilson Ramos, 8/23/97


Area Surrogate Court held at the Office of
George Morris Esq. in the village of Ogdensburgh
and for the County of St. Lawrence in New York
Twenty Second day of February A.D. 1854
Present,
G. Baldwin (signed)

    Surrogate
In the matter of the proof
of the last will & testament
        of
John Wilson, Deceased

    This being the ______________  of the citation heretofore issued
in this matter Elisabeth Wilson & Moses Birdsall all named as Executrix
& Executor in the last will & testament of John Wilson late of
Morristown St. Lawrence County deceased appear for themselves & for
Saunders Wilson also Executor and show to the satisfaction of the Court
by affidavits on file.  That the said citation was duly served more than
Eight days on Hannah Wilson, James A. Wilson, and Henry Hooker
personally said Hannah & James, also being present, and no objection
being made to the proof of said will on motion of said Executors said
will is proved by the testimony of James Wilson subscribing witness,
John V. Kent, the other subscribing witness being dead as proved, which
said will & the proofs & examination taken thereon are in the words and
figures following that is to say:


Copy of Will
I John Wilson Jun. of the town of Morristown St. Lawrence County and
State of New York, a citizen of the United States, By the blessing of
God of Sound mind & memory do make, ordain, & declare this to be my last
will and testament;  to wit

First:  All my debts now due or to become due to be paid as speedily as
possible and of the avails of my personal property and out of the income
issuing from my real estate but none of my said property to be sold less
than its fair cash value unless it be necessary to do so to cancel my
indebtedness or for the actual support of my family; and that all stock
and other property now or  the farm or so much as necessary for the
proper management and carrying on of the same to be kept there on or to
be replaced by the more suitable at the discretion of my executors.

Second:  It is my special wish that my dear wife and children still
continue and remain in the same family and have their support as family
until they severally become of the age of twenty one years.  Each
contributing as much as in their power and to the best of their ability
in their united efforts to work and carry on the land of which I am
possessed with proper obedience to their mother, and if in accordance
with their views and wishes, it is my request that my children still
continue to remain as one family until the youngest of them becomes of
the age of twenty one years, and that all those of or over the age of
twenty one years to receive an equitable  and fair compensation for all
services they may render for the benefit of my estate after they attain
the age of twenty one years aforesaid, such compensation to be fixed by
my Executors.

Third:  That my Executors pay to Augustus Chapman & James Averill the
sum of six hundred twenty four dollars and the interest accruing on the
same from the 15th of December last for seventy acres of land (I then
purchased of them as the payments become due or before if they can do so
out of the avails of my said personal property and the income of my said
farm)

(page 2)

Fourth:  That when the youngest of my children attains the age of twenty
one years and all just claims upon my Estate are fully paid, the residue
& remainder and all these may may be both real and personal property be
divided equally with all of my children.  vis:  Saunders Wilson, Hannah
Wilson, James Wilson, John Ellwood Wilson, and Jacob Henry Wilson, to
share & share alike.

Fifth:  I hereby constitute and appoint my dear wife Elizabeth my
Executrix and my friend Moses Birdsall Executor of this my last will and
testament until my son Saunders Wilson becomes of the age of twenty one
years who from & after that time is to be associated with my other
Executors with full power to act as one of my said Executors as soon as
he legally can from this my appointment of him.

Sixth:  All disputes if unhappily any should arise (my will and
direction is) shall be decided by those impartial and intelligent men;
two to be chosen by the disputants each having the choice of one and the
men to be chosen by those two which _____ _____.  Thus chosen shall
unfettered by law or legal consideration declare the sense of the
testators intention and such decision is to be binding on the parties as
if it had been given in the highest court of the land.

Seventh:  It is my will and wish that a dwelling house be built near the
one in which I now reside of such size & such cost as in the opinion of
my said Executors will be suitable and proper for the comfort &
convenience of my family with a due regard to economy & the interest of
my Estate, as soon as it can be so done without involving or in any way
incumbering my said estate.  In witness whereof I have hereunto set my
hand & seal this Thirtieth day of May in the year of our Lord one
thousand and eight hundred forty eight.

                    John Wilson Jr. (signed)

The above instrument consisting of two sheets was at the date thereof
signed, sealed, published, and declared by the said John Wilson Junior
as & for his last will & testament in presence of us who at his request
& in his presence and in the presence of each other have subscribed our
names as witnesses thereto

         James Wilson (signed)  Morristown, St. Law
         John V. Kent (signed)  Morristown, St. Lawrence


(page 3)

St. Lawrence Surrogate Court
In the matter of proving
the last will & testament
    of              St. Lawrence County ss:
John Wilson, deceased

    James Wilson of the town of Morristown in the county of St.
Lawrence being duly sworn & examined doth depose and say that he this
deponent was well acquainted with John Wilson late of the town of
Morristown in the County of St. Lawrence deceased.  That this deponent
was present as witness & did see the said John Wilson subscribe at the
end of this instrument now produced and shown to this deponent
purporting to be the last will & testament of the said deceased bearing
date the thirtieth day of May in the year of our Lord one thousand Eight
hundred forty eight -- That the said testator at the same time declared
that the instrument so subscribed by him was his last will & testament
that thereupon this deponent & John V. Kent subscribed their names at
the end thereof as witnesses thereto at the request of the testator in
his presence and that the said testator at the time of executing and
publishing the said last will & testament was of full age and of sound
mind & memory, not under restraint, and was in all respects competent to
make a last will and testament.  Deponent further saith that the said
John V. Kent has departed this life as he is informed & believes and he
knows his signature to said will is genuine.

                    James Wilson (signed)

Sworn this 22 day of
February 1854 before me
Benjamin G. Baldwin
    Surrogate

    St. Lawrence County ss:  George Morris being sworn sweareth that
he was well acquainted with John V. Kent named in the above affidavit of
James Wilson and knows that he is dead, that he attended his funeral, he
died on the 7th of Janr last
                    Geo. Morris (signed)
    Sworn this 22nd day of
    Feby 1854 before me
        B. G. Baldwin (signed)
        Surrogate


St. Lawrence County ss:   In appraising from the foregoing proofs and
examinations taken in respect to the last will and testament of John
Wilson late of the town of Morristown in said County deceased that the
said will was duly Executed & that the said John Wilson at the time he
executed the same was not under restraint & was in all respects
competent to devise real estate, the said last will and testament and
the foregoing proofs and examinations are hereby signed certified and
seconded by me pursuant to the provisions of the Statutes in such cases
made and provided this twenty second day of February in the year of our
Lord one thousand Eight hundred & fifty four.

                    Benjamin G. Baldwin, Surrogate
(signed)


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Submitted by Janette Ramos, <RamosGang@worldnet.att.net> October 1997.
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