WILL: John Backus; Groton, Tompkins co., NY
surname: Backus, Buskirk, Culbert, Russell, Hartson, Shafer, Sherd, Waters,
Watrous

submitted by Sharon Jones (sharon.jones34 @ gte.net)
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Tompkins co NY Will Book I page 137-139
Written: 29 Aug 1861
Probated: 5 Nov 1862

The following is the last Will and Testament of John Backus from Will Book I
Pages 137-139. The heirs of his deceased daughter Hannah Buskirk are: Mrs.
Mary Culbert; Mrs. Harriet or Hattie Russell wife of William Russell; Mrs Emma
Hartson wife of Edwin Hartson; Mrs Emeline Shafer wife of Phineas Shafer; and
a granson Jay L Sherd. Although all the documents indicate that John's
daughter Lorenzer's married names is Waters, her signature indicates that she
may be a Watrous. (Thanks to Ken Chapman for retrieving these documents.)

At a Surrogate's 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 fifth day of
November 1862,
Present H S Wallridge County Judge.

An Instrument purporting to be the last Will and Testament of John Backus
bearing date the 29th day of August in the year 1861 was produced in court,
and shown to each of the persons sworn as witnesses, as herein after
mentioned.

William J Morton of the town of Groton in the county of Tompkins being first
duly sworn, deposeth and saith that he was acquainted with the above mentioned
John Backus deceased in his life-time; that he heard the said John Backus ask
Franklin Willoughby to sign his name to the instrument now shown to this
deponent, purporting to be the last Will and Testament of the said John Backus
& said Willoughby did sign his name for him to the said instrument above
described; that he heard the said John Backus 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 John Backus that the
said John Backus was at the time, in the opinion and belief of this deponent,
of sound mind and memory - and not under any restaint; and that he was about
88 years of age; that he died on or about the twenty eight day of May in the
year 1862, and was a resident of the town of Groton in the county of Tompkins
at the time of his death.
W. Jay Morton
Sworn before H S Wallridge County Judge

Franklin Willoughby of the town of Groton in the county of Tompkins being
first duly affirmed, deposeth and saith that he was acquainted with the above
mentioned John Backus deceased in his life-time; that he wrote the name John
Backus the deceased at the end of the instrument now shown to this deponent,
purporting to be the last Will and Testament of the said John Backus and above
described; at the request of the said John Backus that he heard the said John
Backus 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 John Backus that the said John Backus was at the time, in the opinion
and belief of this deponent; of sound mind and memory - and not under any
restaint; and that he was about 88 years of age; that he died on or about the
28th day of May in the year 1862 as deponent is informed and believes, and was
a resident of the town of Groton in the county of Tompkins at the time of his
death.

This deponent wrote the said will and on inspecting the same says that it is
in the same condition now that it was at the time of its execution not having
been in any way altered or changed.
F Willoughby
Affirmed before H S Wallridge County Judge

Which said last Will and Testament is in the words and figures following,
to-wit:

In the name of God Amen. I, John Backus of the town of Groton in the County of
Tompkins and State of New York aged 88 years being of sound mind and memory
and considering the uncertainty of this frail and transitory life do therefore
make ordain publish and declare this to be may last Will and Testament. That
is to say First after all my lawful debts are paid and discharged I give and
bequeath to my daughter Jerusha Osborn the sum of Five hundred dollars.
Second. I guve and bequeath all the rest residue and remainder of my personal
estate goods and chattels of what nature or kind to my daughters Laury
Richmond, Cynthia Richardson, Lorenzer Waters, Harriet Culver and to the heirs
of Hannah Buskirk to be divided equally amoung them all share and share alike
my instruction being that the heirs of Hannah Buskirk deceased shall receive
one share or one fifth of what remain after the bequest of five hundred
dollars to to my daughter Jerusha Osborn is paid.

Second I make constitute and appoint William Morton of Groton Tompkins County
and State of New York to be executor of this my last Will and Testament hereby
revoking all former wills by me made.

In witness whereof I have hereunto sunscribed my name and affixed my seal the
twenty ninth day of August in the year of our Lord on thousand eight hundred
and sixty one.
John Backus

The above instrument was sunscribed by the said John Backus in our presence
and acknowledged by him to each of us and he at the same time declared the
above instrument so subscribed to he his last will and Testament and we at his
request have signed our names as witnesses hereto and written opposite our
names our respective places of residence
F Willoughby Groton, Tompknis County, New York
W J Morton Groton, Tompkins County, New York

I hereby certify that the foregoing is a true record of the original last WIll
and Testament of John Backus late of the town of Groton in the county of
Tompkins in and State of New York and of the original proofs relating thereto
H S Wallridge
County Judge