WILL: Phila Ammack; Enfield, Tompkins co., NY surname: Ammack, Tichenor, Wood, Cleveland, Howland, Nivison, Smith, Van Wagner, Gates submitted by M. V. Tracy (jmtracy @ bellsouth.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy Tompkins co NY Will Book Vol. O page 577 At a Surrogate Court held in and for the County of Tompkins, at the office of the County Judge of the said County, in the village of Ithaca, on the 14th day of APRIL in the year 1879 Present MARCUS LYON County Judge In the matter of Proving the Last Will and Testament of PHILA AMMACK Deceased An Instrument, purporting to be the last Will and Testament of PHILLA AMMACK bearing date the 29TH day of AUGUST in the year 1877, was produced in court, and shows to each of the persons sworn as wirnesses as hereinafter mentioned. MARTHA A. NIVISON of the town of HECTOR in the county of SCHUYLER being first duly sworn, deposeth and saith, that SHE was acquainted with the above mentioned PHILA AMMACK deceased, in her lifetime; that SHE saw Wm H. AMMACK, the son of said deceased, subscribe his name in her presence and at her request, at the end thereof to the instrument now shown to this deponent, purporting to be the last Will and Testament of the said PHILA AMMACK and above described; that SHE heard the said PHILA AMMACK declare the same to be HER last Will and Testament; that this deponent subscribed HER name as a witness thereto in the presence and at the request of the said PHILA AMMACK that the said PHILA AMMACK was at the time, in the opinion and believ of this deponent, of sound mind and memory, and not under any restraing; and that SHE was about 83 years of age;; that SHE died on or about the 15TH day of SEPTEMBER in the year 1878, and was a resident of the town of ENFIELD in the county of Tompkins at the time of HER death. Sworn and examined before me, MARCUS LYON County Judge JOHN W. NIVISON of the town of HECTOR in the county of SCHUYLER being first duly sworn, deposeth and saith, that HE was acquainted with the above mentioned PHILA AMMACK deceased in HER lifetime; that HE saw WILLIAM H. AMMACK SON OF deceased, subscribe, at the end thereof, the instrument now shown to this deponent, purporting to be the last Will and Testament of the said PHILA AMMACK and above described; __________ PRESENCE AND AT THE REQUEST OF SAID PHILA AMMACK that HE heard the said the said PHILA AMMACK declare the same to be HER last Will and Testament; that this deponent subscribed HIS name as a witness thereto in the presence and at the request of the said PHILA AMMACK that the said PHILA AMMACK was at the time, in the opinion and belief of this deponent, of sound mind and memory, and not under any restraint; and that SHE was about 83 years of age; that SHE died on or about the 15TH day of SEPTEMBER in the year 1878, and was a resident of the town of ENFIELD in the county of Tompkins at the time of HER death. Sworn and examined before me,} John W. Nivison Marcus Lyon County Judge} I: Phila Ammack of the Town of Enfield and County of Tompkins and State of New York being of sound mind and memory, do make, ordain, publish and declare this to be my last Will and Testament, that is to say: First - After all my lawful debts are paid and discharged, I give, devise and bequeath to my daughter Mariah Tichenor the sum of Two Hundred dollars. Second - I give and bequeath to my daughter Ann Eliza Tichenor the sum of Two Hundred dollars. Third - I give and bequeath to my Friend Elizabeth Wood the sum of One Hundred dollars. Fourth - I direct that my Executors hereinafter Named shall divide amoug My Children and pay to Each one hereinafter Named (except as hereinafter specified) The residue of all my Estate share and share alike - To William H. Ammack, My Son, and my Daughters each Lydia (Cleveland), and Mary Howland, and Amy Nivison, and Phebe Gates, and Mariah Tichenor, and Ann Eliza Tichenor - Fifth - I direct also that my executors hereinafter Mentioned pay to my Grandson Charles Van Wagner son of my daughter Emily Smith Two Hundred dollars Sixth - I direct also that my executors hereinafter named pay to my Grand Son Addison Van Wagner So much as will amount to the Equal sum as directed to be paid to Each of My children William H. Ammack, and Lydia Cleavland and Mary Howland and Amy Nivison, and Phebe Gates, less Two Hundred dollars. So that my Two Grand Children Charles Van Wagner and Addison Van Wagner Sons of my daughter Emily Smith will receive at the hands of my Executors as hereinafter mentioned (?) together the same amt as Each of any children Mentioned in this article Sixth Seventh - I direct these legises also are in ban (?) of any or all claims that my legitees have against me - Likewise, I make, constitute and appoint William H. Ammack and J. M. Tichenor to be executors of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness Whereof, I leave hereunto subscribed my name and affixed my seal, the Twenty ninth day of August in the year of our Lord one thousand eight hundred and seventy seven. Phila Ammack. L. S. The above instrument, consisting of one sheet, was at the date thereof subscribed by Phila Ammack in the presence of us and each of us: She at the time of making such subscription, acknowledged that she made the same, and declared the said instrument so subscribed by her to be her last Will and Testament. Whereupon we there and then, at her request, and in her presence and the presence of each other subscribed our names as witnesses thereto J. W. Nivison residing at Mecklenburg, N. Y. M A. Nivison residing at Mecklenburg, N. Y. TOMPKINS COUNTY, SS.: I DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE RECORD OF THE ORIGINAL LAST Will and Testament of Phila Ammack late of the town of Enfield Tompkins county, N. Y. deceased, and of the original proofs relating thereto. Dated, Ithaca, N. Y. this 14th day of April 1879 Marcus Lyon County Judge