WILL: Cornelius Linderman; Ithaca, Tompkins co., NY surname: Linderman, Butters, Valleau, Comton (Compton), Foundsand, Castoline, Stanley, Tompson (Thompson) submitted by Barbara Elder (b.elder at mchsi.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 19, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.4 Kb ************************************************ Source: Photocopy Of Original Recorded Will Tompkins co NY Will Book Vol. F page 132 Written: December 22 1847 Recorded: April 14 1848 At a Surrogate Court held for the County of Tompkins at the office of the County Judge of the said County in the village of Ithaca on the fourteenth day of April in the year 1848. Present Alfred Wills, County Judge, Isaac Linderman and Jacob Linderman, executors named in the last will and testament of Cornelius Linderman late of the Town of Ithaca in said County, deceased appeared for the purpose of proving and having the said will recorded according to law and made satisfactory proof that a citation had been served according to law on all the heirs of the said deceased. An instrument purporting to be the last will and testament of Cornelius Linderman bearing date the 22nd day of December in the year 1847 was produced in Court and shown to each of the persons sworn as witnesses or hereafter mentioned and which said instrument is in the words and figures following The last will and testament of Cornelius Linderman of Ithaca, County of Tompkins and State of New York, 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. First, I give and divise to my son, Isaac Linderman, fifty acres of land of my home farm, containing the buildings, being the same now in his possession and occupied by him to be taken of ________ the East side of my farm being part of lot No. fifty-six (56) in the Town of Ithaca aforesaid to be bounded by paralel lines on the East and on the West, the same to be subject to the payment of the balance due on a contract for the purchase of a lot of land in the Town of Erin of Jarius Pompelly against amounting to about eight hundred dollars to have and to hold to him, his heirs and assines forever. Secondly, the one hundred acres or the residence of my homestead farm and that farm fifty acres described for my son Isaac. I shall sell or do direct my executors herein after named to sell and pay over the monies reserved for Isaac equally between five of my children in one year after my decease. I give to my daughter Elsey Butters, the wife of Isack Butters the one fifth share of the money for which the aforesaid hundred acres is sold for or to heirs and assines. And to my daughter, Elizabeth Valeau, the wife of Theadore Valleau the one fifth equal share of the money for which the aforesaid one hundred acres is sold for or to her heirs or assines. And to my daughter, Anny Comton, the wife of David Comton, the one equal fifth share or to her heirs and assines. Fourth, and to my daughter Mary Foundsand, the wife of Nataniel Foundsand, the one fifth share of the monies which the aforesaid one hundred acres is sold for or to her heirs or assines. Fifth, to my son, Cornelius Linderman, I give and bequeath the one fifth equal share of the money which shall arise from the sail of the one hundred acres of the aforesaid farm named in my home farm or to his heirs of assinees. Seventh, I give and divise to my son, Jacob Linderman, the West half of a lot of land number forty-five (45) in the Town of Erin, Chemung County and to run South and East far enough to make the center of the gully(?) the dividing line and have and to hold to him his heirs and assines forever. Eighth, I give and divise to my daughter, Sally Castoline, the wife of Benjamin D. Castoline, the East half of a lot of land on Lot number forty-five in the Town of Erin and the gully(?) running throw said lot to be the division line included to have and to hold the same for her natural life for from any interfearance of her said husband and after her decease to be equally divided among the children whomever shall be living at the time of her death. Ninth, I give and bequeath to my daughter, Nancy Wilcox, fifty dollars to be paid to her by Jacob Linderman and Sally Castoline equally in one year from my decease. Tenth, I give and bequeath to my daughter, Catherine Stanley, one hundred dollars to be paid to her equally between Jacob Linderman and Sally Castoline in one year after my decease. Eleventh, I give to my son Henry Linderman, two promissory notes which I hold against him one for three hundred and seventy-five dollars and seventy-eight cents including interest up to this date is five hundred dollars and forty-eight cents, and the other for forty dollars and ninety-three cents, including the interest up to this time making fifty-four dollars and fifty-six cents and allso discharges him from all claims and demands which I have against him. Twelfth, I give and bequeath to my son, John Linderman, two promissory notes which I hold against him, one for two hundred dollars, the other for two hundred and thirty-seven dollars and seventy-three cents, including interest making six hundred and twenty-nine dollars and fifty-five cents and also a claim for which I have against him of about one hundred and thirty dollars paid for him and lent to him. Thirteenth, my daughter, Jane, the wife of Nathan F. Tompson, and my son William having received their full portion of my estate already, I hereby declare to have no further claims upon the same. Lastly, I appoint my two sons, Isaac Linderman and Jacob Linderman, executors of this my last will and testament, hearby voiding all former wills by me so made. In witness whereof I have hearunto set my hand and seal this twenty-second day of December in the year 1847. Cornelius (X his mark) Linderman L.S. Signed, sealed, published and declared by the above named Cornelius Linderman to be his last will and testament in presence of us who in his presence and at his request in the presence of each other have hearunto subscribed our names as witnesses. Cyrus Gray of Enfield Tompkins County Ezra Starr of Ithaca Tompkins County Cyrus Gray of the Town of Enfield in the County of Tompkins being first duly sworm deposith and saith that he was acquainted with the above mentioned Cornelius Linderman declared in his life time that he saw the said Cornelius Linderman deceased subscribe the instrument now shown to this deponent by making his mark hereto purporting to be the last will and testament of the said Cornelius Linderman and above described that he heard the said Cornelius Linderman declare the same to be his last will and testament that this deponent subscribed his name as a witness thereto in the presence and at the request of the said Cornelius Linderman that the said Cornelium Linderman was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint and that he was about ninety years of age that he died sometime in the month of February in the year 1848 and was a resident of the Town of Ithaca in the County of Tompkins at the time of his death. Subscribed affirmed and executed this 14th day of April 1848 before me Alfred Wells, County Judge Cyrus Gray Ezra Starr of the Town of Ithaca in the County of Ithace in the County of Tompkins being first duly sworm deposeth and saith that he was acquainted with the above mentioned Cornelius Linderman deceased in his life time, that he saw the said Cornelium Linderman deceased subscribe the instrument now shown to this deponent by making his mark thereto purporting to be the last will and testament of the said Cornelium Linderman and above described that he heard the said Coronelius Linderman declare the same to be his last will and testament that this deponent subscribed his name as a witness thereto in the presence and at the request of the said Cornelium Linderman that the said Cornelium Linderman was at the time in the opinion and belief of the deponent of sound mind and memory and not under any restraint that he was about ninety-one years of age that he died sometime in the month of February in the year 1848 and was a resident of the Town of Ithace in the County of Tompkins at the time of his death. Subscribed sworn and examined this 14th day of April 1848 before me Alfred Wells, County Judge. Ezra Starr David Compton being duly sworn says that I was acquainted with Cornelius Linderman deceased in his lifetime about the 1st of February that said deceased gave me the keys of the trunk containing his will and said his will was in the trunk and wanted me to keep the keys. After his death the trunk was opened by Cyrus Gray in my presence with the key deceased gave me and the will taken out and read it was put back again there and I took the keys and afterwards I delivered the will to Isaac Linderman. Subscribed sworn and examined this 14th day of April 1848 before me Alfred Wells, County Judge David (X his mark) Compton Isaac Linderman sworn says I looked for the will in the trunk and at first overlooked it on account of the manner it was folded up. My wife afterwards found it in my presence and delivered the same to me and it their remained in my custody until I delivered it to the County Judge for probate. The will is in the same condition now as when it first came to my hands without alteration or erasure. Subscribed sworn and examined this 14th day of April 1848 before me Alfred Wells, County Judge. Isaac Linderman The foregoing proofs and examinations taken before me the County Judge aforesaid at the time and place first mentioned and the depositions of the respective witnesses are by them respectively subscribed after having been carefully read over to them and I that said County Judge being satisfied upon said proof taken that the said will was duly executed that the said testator at the time of executing the same was in all aspects competent to divise real estate and not under restraint do therefore allow the said will proofs and examinations to be recorded and the same Isaac Linderman and Jacob Linderman having taken and subscribed the oath required by law. It is ordered in furtherance(?) of the directions of said will that Letters Testamentory be issued to them. Witness Alfred Wells, County Judge aforesaid this day and year first aforesaid. I certify the foregoing to be a true record of the original Will of Cornelius Linderman deceased and of the original proofs and other proceedings relating to the service. Dated April 14, 1848 Alfred Wells, County Judge Additional Comments: I have made my best attempt to accurately read the handwriting in this document. In some cases I have put in punctuation to make the document read more easily. I have included misspelled words and names. The blank spaces are words that I could not decipher.