WILL: Elijah Johnson;  Marion, Wayne co., NY 
surname: Johnson, Allen

submitted by Johnna St Clair (gjclair at otponline.net) 
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Submitted Date: February 16, 2005
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Source: sampubco.com
Wayne co NY Will Book Vol. A page 138
Written: December 22, 1826
Recorded: June 2, 1827

I, Elijah Johnson of the town of Marion in the county of Wayne and State of
new York do make and ordain this my last will and testament in manner and form
following viz:  I give and bequeath to my beloved wife Sarah all my real and
personal estate during the time that she shall remain my widow:  And further
it is my will that she shall hold one third of my estate real and personal
during her natural life.

I will and bequeath to my wife's son Joseph Allen and my own son Siebert? N.
Johnson all my real and personal estate to be divided equally between them to
come in possession of the same after my wife has died with it agreeable to the
first article of this will and after paying out the legacies here after
mentioned.  I will and bequeath to my son Montville Johnson twenty five
dollars in good merchantable stock.  I will and bequeath to my daughter
Elizabeth Johnson one good bed and bedding and one cow.  I will and bequeath
to my youngest daughter Theodotia Johnson one bed and bedding and one cow
together with the expense of her education and bringing up to be understood
that her labor is to be applied to ???ing  the expense of her education and
bringing up so far as it will go.  And further I do with this my last will and
testament nominate construe and appoint my beloved wife Sarah and Joseph Allen
the executors of this my last will and testament hereby revoking all other and
former wills by me at any time heretofore made.  In witness whereof I have
hereunto set my hand an seal the 22nd day of December in the year of our Lord
one thousand eight hundred and twenty six. Elijah Johnson (seal)

Signed sealed published and declared by the said testator Elijah Johnson as
and for his last will and testament in the presence of us who have subscribed
our names as witnesses thereto in the presence of the testator.
Seth Eddy, Joseph Penwell, Rachael Penwell

Be it remembered that on the second day of June in the year of our Lord one
thousand eight hundred and twenty seven personally appeared before me Graham
N. Chapin Esquire Surrogate of the county of Wayne, Seth Eddy who being duly
sworn depose and say that he, deponent, saw Elijah Johnson late of the county
of Wayne deceased sign and seal the written instrument then shown unto him of
which the foregoing is a true copy purporting to be the last will and
testament of the said Elijah Johnson deceased bearing date the twenty second
day of December in the year of our Lord one thousand eight hundred and twenty
six.  That at the time thereof the said Elijah Johnson was of sound disposing
mind and memory to the best of the knowledge and belief of him the said
deponent and that he the said deponent and Joseph Penwell and Rachel Penwell
subscribed their names as witnesses to the said Will in the presence of each
other and in the presence of the testator.  Graham N.
Chapin

The People of the state of New York with the Grace of God free and true ??? To
all to whom these presents shall cause or may concern send greeting:

Know ye that at the town of Marion in the county of Wayne on the second day of
June in the year one thousand eight hundred and twenty seven before Graham N.
Chapin Esquire surrogate of our said county, the last Will and testament of
Elijah Johnson deceased (a copy whereof is hereunto annexed) was proved and is
now approved and allowed and the said deceased leaving it while he lived at
the time of his death, goods, chattels or credits within the state by means
whereof the proving and rejoining?? the said will and the granting
administration of all and singular the said goods, chattels and credits, and
also in awarding, allowing and ??? acknowledging the account therein doth
belong unto us:  the administration of all and singular the goods, chattels
and credits to the said accounts and any way concerning this will is granted
unto Sarah Johnson and Joseph Allen executors in the said will named hereby
requiring you were and ??? to administer the same and do make and examine a
true and perfect replica. To all and singular the goods, chattels and credits
and to publish a just and true account ?? when there thereunto required.

In witness whereof we have caused the seal of office of our said surrogate to
be hereunto annexed.  Witnessed by Graham N. Chapin esquire surrogate of the
said county at the town of Lyons aforesaid the second day of June in the year
of our Lord one thousand eight hundred and twenty seven.    Graham N. Chapin

Wayne County SS:  Be it remembered that on the second day of June in the year
of our Lord one thousand eight hundred and twenty seven personally appeared
before me the surrogate Sarah Johnson and Joseph Allen executors in the
foregoing will named and were duly sworn to the lawful performance and
execution thereof by taking the ?? oath by law in that will is recorded.  
Graham N. Chapin