WILL: Levi Ostrander; Dryden, Tompkins co., NY surname: Ostrander, Mitchell, Mathews submitted by Kathleen Hannum (kah76 @ lycos.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 25, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 11.2 Kb ************************************************ Source: Sampubco Tompkins co NY Will Book Vol Q Page 602} Written: January 12 1875 Probated: 8 Sep 1884 At a Surrogate Court, held in and for the County of Tompkins, at the office of the Surrogate of the said County, in the town of Ithaca, on the 8th day of September in the year 1884 Present, [signed] MARCUS LYON Surrogate In the matter of Proving the last Will and Testament of LEVI OSTRANDER Deceased In Instrument, purporting to be the last WILL AND TESTAMENT of LEVI OSTRANDER bearing date the 12th day of January in the year 1875, was produced in court, and shown to each of the persons sworn as witnesses, as hereinafter mentioned and a codicil thereto dated the First day of February 1882 was also produced in Court and shown to each of the persons sworn as witnesses - GEORGE E. SANDERS of the town of Caroline in the county of Tompkins being the first duly sworn, deposeth and saith, that he was acquainted with the above- mentioned LEVI OSTRANDER deceased, in his lifetime; that he thereof, the instruments now shown to this deponent, purporting to be the last WILL AND TESTAMENT + Codicil of the said LEVI OSTRANDER and above described; that he heard the said LEVI OSTRANDER declare the same to be his last WILL AND TESTAMENT + Codicil that this deponent suscribed his name as a witness thereto in the presence and at the request of the said LEVI OSTRANDER that the said LEVI OSTRANDER 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 59 - 66 years of age; that he died on or about the 5th day of July in the year 1884, and was a resident of the town of Dryden in the county of Tompkins at the time of his death. Deponent further saith that he was acquainted with RICHARD LOUNSBERRY, the other subscribing witness to said will, in his life-time: that said RICHARD LOUNSBERRY is now dead. That deponent saw said RICHARD LOUNSBERRY sign said will as a subscribing witness in the presence + at the request of said LEVI OSTRANDER, testator, and that at the same time, said LEVI OSTRANDER declared to said RICHARD LOUNSBERRY + to this deponent, that said Will, was known to deponent, was the last Will + Testament of said LEVI OSTRANDER - [signed] GEORGE E. SANDERS Sworn and examined before me, [signed] MARCUS LYON Surrogate. WALKER V. PERSONIUS of the town of Caroline in the county of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above-mentioned LEVI OSTRANDER deceased, in his lifetime; that he saw the said LEVI OSTRANDER deceased, subscribe, at the end thereof, the instrument now shown to this deponent, purporting to be a codicil to the last WILL AND TESTAMENT of the said LEVI OSTRANDER and above described; that he heard the said LEVI OSTRANDER declare the same to be a codicil to 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 LEVI OSTRANDER that the said LEVI OSTRANDER 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 66 years of age; that he died on or about the 5th day of July in the year 1884, and was a resident of the town of Dryden in the county of Tompkins at the time of his death. Deponent further saith that he knows the handwriting of said LEVI OSTRANDER, and also of RICHARD LOUNSBERRY one of the subscribing witnesses to the Will above mentioned, that deponent has seen both said LEVI OSTRANDER + said RICHARD LOUNSBERRY write their names, and that the signatures of said LEVI OSTRANDER to said Will and to said codicil, and of said RICHARD LOUNSBERRY as a subscribing witness to said Will, are the true + genuine signatures of LEVI OSTRANDER + said LOUNSBERRY. Deponent further says that said RICHARD LOUNSBERRY is now dead. [signed] WALKER V. PERSONIUS Sworn and examined before me, [signed] MARCUS LYON Surrogate. Said last Will and Testament is in the words and figures following, to-wit: I LEVI OSTRANDER of the town of Dryden County of Tompkins + 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 unto my wife TABATHY ANN OSTRANDER all the use and benefits to be derived from my home farm, being a lot of land conveyed by JOHN HAWKINS + others by deed to me on the seventh day of May 1857, during her natural life time or as long as she shall remain my widow in case she shall marry then this bequest to be of no avail, but in case of her death or marriage I bequeath the above described premises to my youngest son BYRON L. OSTRANDER to be his forever. Second I give to my Oldest son HERMAN C. OSTRANDER a lot of land the same as he now ocupies containing nearly seventy five acres of land, deeded to me by ALEXANDER KING on the sixth day of April 1865 to be his and in case he should die I direct that the above described property be equally divided between his children. Third, I give to my Eldest daughter PHEBE A. MITCHELL wife of JEREMIAH MITCHELL the sum of five hundred ($500) dollars. Fourth. I give to my other daughter OLIVE C. MATHEWS wife of WILLIAM MATHEWS also the sum of five hundred ($500) dollars. Sixth [sic] _ and lastly I give + bequeath all the rest residue + remainder of my estate to be equally divided between my four children. Likewise, I make constitute and appoint my two sons HERMAN C. + BYRON L. OSTRANDER and my son-in-law WILLIAM MATHEWS to be executors of this my last Will and Testament, hereby revoking all former Wills by me made. In witness Whereof, I have hereunto subscribed my name and affixed my seal the twelvth [sic] day of January in the year of our Lord one thousand eight hundred and seventy five. X his mark LEVI OSTRANDER L.S. The above instrument, consisting of one sheet, was at the date thereof subscribed by LEVI OSTRANDER in the presence of us and each of us: he at the time making such subscription, acknowledged that he made the same, and declared the said instrument so subscribed by him to be his last will and testament whereupon we then and there at his request, and in our presence and the presence of each other, subscribed our names as witnesses thereto. [signed] RICHARD LOUNSBERRY Residing at Motts Corners N.Y. [signed] GEORGE E. SANDERS Residing at Motts Corners N.Y. Whereas I LEVI OSTRANDER of the town of Dryden County of Tompkins State of New York have made my last Will and Testament in writing bearing date the twelvth [sic] day of January one thousand eight hundred and Seventy five in which reads so long as my wife TABATHY ANN shall remain my widow and in case she shall marry then the bequest to be of no avail I desire to have annulled and of no effet she to have full use of the bequest during her life as she desires as though no mention had been made of marriage, Now Therefore I do by this my writing which I hereby declare to be a codicil to my said last will and testament and to be taken as a part thereof order and declare that my will is that I give to my son BYRON L. OSTRANDER ten acres of land being the same conveyed to me by BENJAMIN GENUNG and ADDIE his wife May fourteenth one thousand eight hundred and eighty one and adjoining the place now occupied by one and my will is that I also give and bequeath to my son BYRON L. OSTRANDER the farm of thirty five and three fourth acres of land laying north of my present Homestead and conveyed to me by DAVID CORNELIUS by Deed the 19th day of March one thousand eight hundred and seventy eight. The within mentioned bequests are made to my son BYRON L. OSTRANDER in consideration of his paying to my daughter MRS. PHEBE A. MITCHELL and MRS. OLIVE C. MATHEWS each the sum of one hundred dollars this bequest to my two daughters within named is in addition to the former bequest of five hundred dollars. That part of my will which reads in case of Death of my son HERMAN C. OSTRANDER directing the property named to go to his children I desire to have changed to read his heirs instead of children. In Witness Whereof I have hereunto subscribed my name and affixed my seal the first day of February one thousand eight hundred and eighty two. X his mark LEVI OSTRANDER The above instrument consisting of one sheet was at the date thereof subscribed by LEVI OSTRANDER in the presence of us and each of us he at the time of making such subscription acknowledged that he made the same and declared the said instrument so subscribed by him to be as and for a codicil to his last Will and testament whereupon we then and there at his request and in our presence and the presence of each other subscribed our names as witnesses theto [sic] The changes mentioned on oposite [sic] page was inserted before signing by LEVI OSTRANDER or witnesses. [signed] W.V. PERSONIUS Motts Corners N.Y. [signed] G.E. SANDERS Motts Corners N.Y. IN THE SAME MATTER: On the 8th day of September 1884 Satisfactory proof by affidavit having been made and filed of the due service of the Citation heretofore issued in this matter, requiring the proper persons to appear in this Court on the 8th day of September A.D. 1884, at 10 o'clock in the forenoon, and attend the Probate of the last Will and testament of LEVI OSTRANDER late of the town of Dryden in the County of Tompkins, and State of New York, deceased, and HERMAN C. OSTRANDER + BYRON L. OSTRANDER, Executors in said will named having appeared in support of the probate of the said Last Will and Testament, no one contesting said probate, and after hearing the proofs and allegations of the said Executors and duly deliberating thereon; IT IS ADJUDGED AND DECREED, that the said Last Will and Testament was duly executed; that the same is genuine and valid; and that the said LEVI OSTRANDER deceased, was at the time executing the same, in all respects competent to make a Last Will and Testament, and to devise Real Estate, and was not under any restraint. And this COURT DOTH FURTHER ORDER AND DECREE, that the said Last Will and Testament, be admitted to PROBATE, and that the same be and hereby is established as a Will relating to real and Personal Estate. [signed] MARCUS LYON Surrogate. TOMPKINS COUNTY, ss.: I do hereby certify that the foregoing is a true record of the original last Will and Testament of LEVI OSTRANDER late of the town of Dryden Tompkins County, N.Y., deceased, and of the original proofs relating thereto. Dated, Ithaca, N.Y., this 8th day of September 1884. [signed] MARCUS LYON Surrogate.