WILL: Dr. Parmenas Asa Johnson; Barton, Tioga co., NY Surname: Johnson submitted by G. Maria Davis-Johnson (mjohnson80 @ adelphia.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 G. Maria Davis-Johnson. Tioga County, NY Will Vol. 28. page 317-320 Dr. Parmenas Asa Johnson, formerly of Lincklaen, Chenango County, NY Page 317 Last Will and Testament of Parmenas A. Johnson Be it remembered, That heretofore, on the 10th day of November, in the year 1902, Anna L. JOHNSON, executrix, named in the Last Will and Testament of Parmenas A. JOHNSON, late of the town of Barton, in the County of Tioga, now deceased, appeared in open court, before the Surrogate of Tioga County, and filed her petition, praying that such instrument be admitted to probate as the Last Will and Testament of said deceased, and that the p[roper persons be sited to attend the probate thereof; and thereupon the said Surrogate did issue, in the form of law, a citation to the persons required by law to be so cited, and who are named in such petition, requiring them to appear before him, at his office in the village of Owego, in said county of Tioga, on the 8th day of Dec. 1902, to attend the probate of such will, and on such 8th day of Dec. it appearing that service of citation has not been obtained upon Laura Johnson a supplemental citation was thereupon issued returnable on the 22nd day of Dec. And afterwards, to wit, on such 22nd day of Dec, 1903, due proof being filed of the service of such citation, The proponent appeared by J.F. SHOEMAKER. All persons being of full age and sound mind and no one appearing in opposition thereto F. E. MUNN appeared and gave his testimony in support of said will. E. G. TRACY the other subscribing witness being dead. F. E. MUNN and J. F. SHOEMAKER appeared and testified as to the signature of the testator and J. F. SHOEMAKER and F. A. BELL testified as to the signature of E. G. TRACY. Anna L. JOHNSON having taken and filed the statutory oath for executrix. The Surrogate, in open court, took the proofs of such will, and did thereupon adjudge the same to be a valid will of real and personal property, and the proofs thereof to be sufficient, and did admit the same to probate as the Last Will and Testament of the said deceased, which said Last Will and Testament and proofs are as follows, to wit: Page 318 Last Will and Testament, I, Parmenas A. JOHNSON of the town of Barton, County of Tioga and State of New York, do make, ordain, publish and declare this to be my Last Will and Testament, in manner and form following, that is to say: First, - I direct the payment of my just debts, if any. Second, - I give and bequeath to my daughter Anna L. JOHNSON, all my personal property of goods and chattels, of what nature and kind soever, including each and everything that I may have at the time of my decease. The above bequest are made upon the condition that the said Anna L. JOHNSON shall care for my wife Laura JOHNSON, now in the Binghamton State Hospital, in the future as she has in the past, and in case of her discharge from said hospital render her such needed assistance as she shall be capable of doing, and in case of her death see that she is properly buried. Fourth, - I desire that at the time of my decease, my said daughter Anna L. JOHNSON shall cause me to be buried in such way and manner as her judgement shall dictate. Fifth, - Having thus disposed of all my real and personal property and having other children, I add this by way of explanation, why I will all my real and personal property to my daughter Anna L. JOHNSON. She is the only daughter of my present wife, who now is and has been for a term of years in the State Hospital at Binghamton, New York, and my said daughter has from her own earnings has clothed her mother and provided many presents to comfort ands sooth her mother in this hour of bereavement and trouble. None of my other children have contributed to any extent. In addition to that she has, for several years past, bestowed on me to defray my house-keeping expenses. The sum of $60.00 annually and dressing her mother, and I trust she will continue to do as long as necessary, and that she will care for her as in the past. I, therefore deem it equitable and just to will her, my daughter Anna L. JOHNSON, all my real and personal property. And to give at my decease and the settlement of my estate such presents to each of my children as she shall be able to do, she to be the Judge, without embarrassment to her financial circumstances. Likewise, I make, constitute and appoint Anna L. JOHNSON to be sole executrix of this my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof, I have hereunto subscribed may name and affixed my seal the 22nd day of December, in the year of our Lord one thousand eight hundred and ninety-six. Parmenas A. Johnson We, whose names are hereto subscribed, do certify that Parmenas A. JOHNSON the testator subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, he declared that the same was his last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof and which we hereby do in the presence of the testator and of each other, the day of the date of the said will, and have written opposite of our names our respective places of residence. E. G. TRACY residing at Waverly, N.Y. F. E. MUNN residing at Waverly, N.Y. Page 319 Surrogate's Court. In the matter of proving the last Will and Testament of Parmenas A. JOHNSON Tioga County, SS. J. F. SHOEMAKER and Frank A. BELL being duly sworn as witnesses in the above entitled matter and examined on behalf of the proponent of said will, says: That they were well acquainted with E. G. TRACY, late of the town of Barton, in the county of Tioga and State of New York and with his manner and style of handwriting, having often seen him write, and that they verily believe that the signature purporting to be his, subscribed as witness to the instrument in writing now produced and shown to deponents purporting to be the last Will and Testament of Parmenas A. JOHNSON, deceased, bearing date the 22nd of December, 1896, is the proper signature and handwriting of said E. G. TRACY. J. F. SHOEMAKER Frank A. BELL Subscribed and sworn to before me This 22nd day of Dec. 1902 Howard J. MEAD, Surrogate. Surrogate’s Court. In the matter of proving the last Will and Testament of Parmenas A. JOHNSON Tioga County, SS. F. E. MUNN and J. F. SHOEMAKER being duly sworn as witnesses in the above entitled matter and examined on behalf of the proponent of said will, says: That they were well acquainted with Parmenas A. JOHNSON, late of the town of Barton, in the county of Tioga and State of New York and with his manner and style of handwriting having often seen him write, and that they verily believe that the signature purporting to be his, subscribed as testator to the instrument in writing now produced and shown to deponents, purporting to be the last Will and Testament of Parmenas A. JOHNSON, deceased, bearing date the 22nd of December, 1896, is the proper signature and handwriting of said Parmenas A. JOHNSON. F. E. MUNN (typed) J. F. SHOEMAKER (signed signature) Subscribed and sworn to before me This 22nd day of December, 1902 Howard J. MEAD, Surrogate. Page 320 Surrogate’s Court. In the matter of proving the last Will and Testament of Parmenas A. JOHNSON, deceased. Tioga County, SS. F. E. MUNN duly sworn in open court, upon his corporeal oath, doth depose and say, that he is a subscribing witness to the Last Will and Testament of Parmenas A. JOHNSON, late of the town of Barton, in the County of Tioga and State of (New York), deceased. And these deponents do further say, that the said Parmenas A. JOHNSON deceased, did, in the presence of this said E. G. TRACY deponent 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 22nd of December, one thousand eight hundred and ninety six. The said deceased did, at the time of subscribing his name to the said instrument said declare to be Last Will and Testament, and this deponent, E. G. TRACY 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 the deponent believes 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 this deponent and said E. G. TRACY saw the other sign his name to said instrument, in the presence of said deceased. F. E. MUNN Subscribed and sworn to before me This 22nd day of December, 1902 Howard J. MEAD, Surrogate. At the Surrogate’s Court, held in and for the County of Tioga, at the Surrogate’s office in the village of Owego, on the 22nd day of December, 1902. Present, Hon. Howard J. MEAD, Surrogate. In the matter of proving the last Will and Testament of Parmenas A. JOHNSON, deceased. Tioga County, SS. Satisfactory proof having been made and presented of the due service of the citation hereto issued in this matter, requiring the proper persons to appear in this court on the 22nd day of Dec. 1902, at ten o’clock in the forenoon of that day, and attend the probate of the Last Will and Testament pf Parmenas A. JOHNSON, late of the town of Barton, in the County of Tioga and Sate of New York, deceased. The proponent appeared by J. F. SHOEMAKER Esq. her attorney. All persons being of full age and sound mind and no one appearing in opposition thereto, F. E. MUNN appeared and gave his testimony in support of said will. E. G. TRACY the other subscribing witness being dead. F. E. MUNN and J. F. SHOEMAKER appeared and testified as to the signature of the testator and J. F. SHOEMAKER and F. A. BELL testified to the signature of E. G. TRACY. Anna L. JOHNSON having taken and filed the statutory oath for executrix. And, after hearing the proofs and allegations of the persons appearing as aforesaid, and duly deliberating thereon, and it appearing that said will was duly executed; that the testator, at the time he executed the same, was, in all respects, competent to make a will and devise real estate, and not under restraint, IT IS ORDERED, ADJUDGED, AND DECREED, that the said will be, and the same is, hereby admitted to probate as a will valid to pass real and personal estate, and that the proofs and examinations are hereby recorded, pursuant to the provisions of the statutes. AND IT IS FURTHER ORDERED, that letters testamentary issue thereon. Howard J. MEAD, Surrogate