WILL: Albert G. Benedict; Groton; Tompkins co., NY
surname: Benedict

submitted by Sharon Jones (sharon.jones34 @ gte.net)
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Tompkins co NY Will Book U; page 314-315
Written: 12 Feb 1875
Probated: 7 May 1891

At a Surrogate's 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 7th day of
May in the year 1891.
Present, Marcus Lyon Surrogate.
In the matter of proving the last Will and Testament & Codicil thereto of
Albert G Benedict Deceased.}

An Instrument, purporting to be the Will of Albert G Benedict dated the 12th
day of February 1875, was produced in court, and shown to each of the persons
sworn as witnesses to the execution of said Will, as hereinafter mentioned.
Van Buren Gross of the town of Groton in the county of Tompkins and Amelia A
Gross of the town of Groton in the county of Tompkins being each first duly
and severally sworn, do each depose and say, that they were aquainted with the
above-mentioned Albert G Benedict, the Testator, now deceased, in his
lifetime; that they each saw the said Testator subscribe, at the end thereof,
the instrument now shown to deponents, purporting to be the Will of said
Testator, and above described; that they each heard said Testator declare the
same to be his Will; that both of said deponents subscribed their names as
witnesses to the execution of said Will in the presence and at the request of
said Testator; that the said Testator was at the time, in the opinion and
belief of each of the deponents, of sound mind and memory, and was not under
any restraint; and was about 72 years of age; that the said Testator died on
or about the 14th of April 1891, and was a resident of the town of Groton in
the county of Tompkins, at the time of his death.
Van Buren Gross
Amelia A Gross
Sworn, examined and subscribed before me, this 7th day of May 1891, Marcus
Lyon, Surrogate.}

An Instrument, purporting to be a codicil to the Will of Albert G Benedict
dated the 2nd day of February 1891, was produced in court, and shown to each
of the persons sworn as witnesses to the execution of said Will, as
hereinafter mentioned. Van Buren Gross of the town of Groton in the county of
Tompkins and George E Goodrich of the town of Dryden in the county of Tompkins
being each first duly and severally sworn, do each depose and say, that they
were aquainted with the above-mentioned Albert G Benedict, the Testator, now
deceased, in his lifetime; that they each saw the said Testator subscribe, at
the end thereof, the instrument now shown to deponents, purporting to be the
Will of said Testator, and above described; that they each heard said Testator
declare the same to be his Will; that both of said deponents subscribed their
names as witnesses to the execution of said Will in the presence and at the
request of said Testator; that the said Testator was at the time, in the
opinion and belief of each of the deponents, of sound mind and memory, and was
not under any restraint; and was about 88 years of age; that the said Testator
died on or about the 14th of April 1891, and was a resident of the town of
Groton in the county of Tompkins, at the time of his death.
Van Buren Gross
Geo. E. Goodrich
Sworn, examined and subscribed before me, this 7th day of May 1891, Marcus
Lyon, Surrogate.}

Said Last Will and Testament & Codicil are in the words and figures following,
to-wit:

I Albert G Benedict, of the town of Groton & 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 Julia F Benedict, a certain Bond and Mortgage held by
me against Thomas Kane and given to me by the said Kane to secure payment of
$1000 & interest. 

Second: I give, devise and bequeath to my wife Anna M Benedict a certain Bond
and Mortgage held by me against Harlen Schofield and given to me by the said
Schofield to secure the payment of $1000 & interest. 

Third: I give, devise and bequeath to my said daughter, ten shares of Groton
Bank Stock held by me. 

Fourth: I give, devise and bequeath to my said wife the remaining shares of
Groton Bank Stock held by me. 

Fifth: I give, devise and bequeath to my son John D Benedict forty two acres
of land situate in the County of Cook and State of Illinois and fully
described in a deed given to me by Oliver H. Lee and recorded Jan. 6, 1870 in
Book 554 of Deeds, page 284 in the Record of said Cook County and numbered
37364. 

Sixth: I give, devise and bequeath to my said wife and my said daughter all
the remainder and residue of my property which shall remain undisposed of by
me at the time of my decease to be divided equally by them and to be disposed
of as they shall see fit. 

Seventh: In case the forty two acres of land above mentioned shall be sold by
me before my decease I authorize and direct my executors hereinafter appointed
to pay to my said son John a sum of money equal to the amount which I shall
have received for said land from the sale thereof with interest from the time
of such sale. 

Likewise, I make, constitute and appoint my said wife Anna M Benedict and Geo.
E. Goodrich of Dryden N.Y. 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 twelfth say of February in the year of our Lord one thousand eight hundred
and seventy five.
Albert G Benedict L. S.
The above instrument, consisting of one sheet, was at the date thereof
subscribed by Albert G Benedict 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 said Instrument so sunbscribed by him to be his last Will and
Testament. Whereupon we then and there, at his request, and in his presence
and the presence of each other, subscribed names as witnesses thereto - The
words "above mentioned" were inserted between the first and second lines in
the seventh division before execution.
V. B. Gross, residing at McLean, Tompkins Co.
Amelia A. Gross, residing at McLean, Tompkins Co

In the name of God, Amen. I Albert G Benedict of the town of Groton, County of
Tompkins and state of New York, 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 a codicil to my last Will and
Testament executed and bearing the date February 12, 1875.

First - The Thomas Kane Bond & Mortgage mentioned in the first clause of said
Will having been discharged and a new Bond & Mortgage for the same amount
having been given by the same party to me, it is my will that my said daughter
Julia shall receive the last mentioned Bond and Mortgage in place of the
former one and in case the new Bond and Mortgage shall be paid to me before my
decease, it is my will that my said daughter shall receive the sum of one
thousand dollars from my estate in place thereof - 

Second The Schofield Bond & Mortgage mentioned in the second clause of said
Will having been paid and discharged I give and devise to my said wife Anna M
Benedict the sum of one thousand dollars in place thereof. 

Third having sold and conveyed my real estate devised to my son John D
Benedict in said Will, and having paid the proceeds of such sale to him and
having taken his receipt therefor, the provisions in regard thereto in the
fifth and seventh clauses of said Will have become and it is my will that they
shall be considered inoperative and void. 

Fourth Having heretofore conveyed to my said daughter by a deed which has
never been delivered or recorded and which is this day cancelled, four acres
of land, and still desiring that she shall have said four acres of land, I do
hereby give and devise to my said daughter Julia the following provisions viz:
All that tract or parcel of land situate in the town of Groton aforesaid and
being a part of lot No. ninety nine in said town and bounded and described as
follows: Beginning in the centre of the highway leading north-westerly by the
saw mill as the south east corner of lands of Geoffrey Gibbons and running
thence westerly and then southerly along the north line of the lane and the
south line of said Gibbons land to his south east corner, thence south
westerly about one rob to the west boundary of a brook thence southerly up the
west boundary of said brook to a swamp, thence due south to the north line of
land formerly owned by one George Lindsay thence west on said Lindsay's north
line to land formewrly owned by one Edwin Hart thence notherly to said
Gibbon's south west corner. Thence east and then norhterly along the land of
said Gibbon and the boundary of the lane aforesaid and including a right of
way through said lane to the above described premises, to the place of
beginning containing four acres of land ne the same more or less - 

Fifth - As to all other matters contained in my said last Will and Testament I
do hereby ratify and confirm the same except as hereinbefore expressly
specified. In witness whereof I have hereunto subscribed my name and affixed
my seal, the second day of February in the year of our Lord one thousand eight
hundred and ninety one
A G Benedict L. S.

The above written instrument was subscribed by the said Albert G Benedict in
our presence, and acknowledged by him to each of us; and he, at the same time
declared the above instrument so subsribed to be a codicil to his last Will
and Testament; and we at his request have signed our names as witness hereto
in his presence and in the presence of each other, and written opposite our
names our respective places of residence -
V. B. Gross, McLean, N.Y.
Geo. E. Goodrich, Dryden, N.Y.

IN THE SAME MATTER: On the 7th day of May 1891,
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 7th day of May, 1891 at 10 o'clock in the
forenoon, and attend the Probate of the Will of Albert G Benedict late of the
town of Groton in the County of Tompkins, and State of New York, deceased, and
Geo. E. Goodrich and Anne M Benedict, the sole executors in said will named,
in person having appeared in support of the probate of the said Will, on 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 Will was duly executed; that the same is genuine and valid; and that
the said Albert G Benedict the Testator, was at the time of executing the
same, in all respects competent to make a Will, and to devise Real Estate, and
was not under any restraint. And this COURT DOTH FURTHER ORDER AND DECREE,
that the said Will, and the proofs and examinations taken in respect to the
same be recorded, and that the sais Will be admitted to PROBATE, ant that the
same be, and hereby is, established as a Will relating to Real and Personal
Estate.
Marcus Lyon, Surrogate.

TOMPKINS COUNTY, ss.: I do hereby certify that the foregoing is a true record
of the original Will of ALbert G Benedict late of the town of Groton Tompkins
County, N.Y., deceased, and of the original proofs relating thereto. Dated,
the 7th day of May 1891
Marcus Lyon, Surrogate