WILL: Benjamin Randolph; Walworth, Wayne co., NY surname: Randolph submitted by Scott Davis (scottinhawaii @ mac.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 23, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 12.9 Kb ************************************************ Source: Wayne County Ny Will Book Volume B Page 298 Written: May 23 1838 Recorded: October 8 1838 Transcribed by Scott R Davis from a copy obatained from the Wayne County Historian Benjamin Randolph will Wayne County, Surrogates office Recorded in Libs B of Will at folio 298 Lex? L. Sherwood, Surrogate Filed Oct 8, 1838 I Benjamin Randolph do make this my last Will and Testament in manner and form following vis. I give and bequeath to Joseph Randolph the sum of two hundred and fifty dollars, and to William Randolph the sum of two hundred and fifty dollars, and I give and bequeath to the fist society of the Methodist Episcopal Church in Walworth the sum of two hundred dollars the use of which is to be applied at the discretion of the Trustees of said Society for the following purposes vis. One half for the support of the ministers of the gospel and the other half for the keeping in repair of the meeting house for public worship. Also, I give and bequeath fifty dollars to be kept and used by George Randolph at his discretion to improve and keep in repair the graveyard near where Joseph Randolph now lives, also I give and bequeath to the heirs of Charles Stimpson fifty dollars, and fifty dollars to Eliza Wolfrum. I give and bequeath to Jesse Randolph the use of all my real and personal estate during his natural live, and I hereby direct that on the decease of Jesse Randolph the said real and personal estate be sold and the avails of the same applied to the above name purposes, and the residue to be divided in the same proportion as above named between Joseph Randolph and William Randolph and the said Society of the Methodist Episcopal Church. I hereby nominate constitute and appoint Barnabus VanTassel and Jesse Randolph sole executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty third day of May in the year of our Lord one thousand eight hundred and thirty eight. Benjamin Randolph Signed and sealed published and declared by the said Testator Benjamin Randolph as and for his last will and testament in the presence of us who have subscribed as witness thereto in the presence of the said Testator. Eliza Wolfrum, Alva Curtis, Veniah Yeomans. In the matter of the proof of the will of Benjamin Randolph dead. Afft of Death residence &c Filed Oct 8 1838 State of New York, Wayne County Jesse Randolph of the town of Walworth in said County being duly sworn says that Benjamin Randolph died a natural death at the town of Walworth in the said County of Wayne, which was the place of his residence, on the twenty second day of September 1838. that the said Benjamin Randolph left a last will and testament which relates to both real and personal estate. That the said deceased left no widow, children, father or mother. That the said deceased left three brothers, Joseph Randolph, William Randolph, and the deponent, who are the only heirs and next of kin to the said Benjamin Randolph deceased. That the said Joseph Randolph and the deponent reside in the town of Walworth aforesaid & that the said William Randolph resides in the town of Scio in the County of Washtenaw in the State of Michigan, and that the deponent and Barnabas Van Tassel are named executors in said will and the deponent further says that all the said heirs and next of kin are of the age of twenty one years and upwards. - Jesse Randolph Subscribed & sworn this 8th day of October 1838, before me Lyman Sherwood, Surrogate. State of New York Wayne County Robert W. Ashley Junior being duly sworn says that he made a copy of the citation hereto annexed and put the same in the post office in the village of Lyons in said County and directed the same to William Randolph at the town of Scio in the County of Washtenaw and State of Michigan on the 8th day of October 1838. Subscribed & sworn this 8th day of October 1838 before me Lyman Sherwood, Surrogate In the matter of the proof of the will of Benjamin Randolph deceased. Citation & affts of Service 1838 Filed Dec 3, 1838 State of New York, Wayne County Jesse Randolph one of the executors named in the forgoing citation being duly affirmed says, that he served the said citation on Joseph Randolph by delivering to him a copy of said citation, and at the same time showing to him the foregoing original, more than eight days previous to the return day thereof and that such service was made at the dwelling house of the said Joseph Randolph in the town of Walworth in the said County of Wayne - Jesse Randolph Subscribed and affirmed this 3rd day of December 1838, before me Lyman Sherwood Surrogate. At a Surrogate court held at the town of Lyons in the County of Wayne, on the third day of December 1838, before Lyman Sherwood Surrogate of said County, for the purpose of proving and recording the last will and testament of Benjamin Randolph, late of the town of Walworth in said County of Wayne deceased, in pursuance of "an act concerning the proof of Wills ? passed May 16, 1837", on the applications of Jesse Randolph and Baranbas Van Tassel, executors in the said will named. Jesse Randolph and Barnabas Van Tassel the applicants appeared in proper person. Joseph Randolph one of the heirs of the said decease appeared by George Randolph, and William Randolph also one of the heirs of the said deceased appeared by Dewitt Parshall his counsel. The proof was then exhibited of the service of the citation as required by law, which said citation & proof are filed in the office of the said Surrogate. The said William Randolph then gave notice that he should contest the said will, and also filed his request in writing that all the witnesses to the said will should be examined. Veniah Yeomans was there duly sworn as witness to prove the said will and testified as flows. That is to say: that he the deponent was acquainted with Benjamin Randolph late of the town of Walworth in the County of Wayne and state of New York. That the said Benjamin Randolph is now dead - that he died sometime in the month of September last past, according to the best recollections of the deponent. He died at the town of Walworth aforesaid, which was the place of his residences at the time of his death. That he the deponent saw the said Benjamin Randolph subscribe his name to the paper now here produced in court and which purports to be the last will and testament of the said deceased, bearing date the twenty third day of May 1838. That at the time he subscribed his the name to the said Will he acknowledged the same to be his last will and testament. That he the deponent subscribed the said will as a witness at the request of the said Benjamin Randolph. Subscribed his name to the said will in the presence of the deponent, and in the presence of Alva Curtis and Eliza Wolfram. That the said Alva Curtis & Eliza Wolfram each subscribed their names as witness to the said will in the presence of the testator and at his request, and in the presence of the deponent and in the presence of each other. That the said testator also declared the said will to be his last will and testament in the presence and hearing of the said Alva Curtis and Eliza Wolfram. That the said Will was executed at the dwelling house of the said Benjamin Randolph in the town of Walworth aforesaid, on the day ? same bears date. That the seal ? the name of the Testator was affixed to the said will before the same was signed by him. That after the said will was executed the deponent then and there immediately too the said will at the request of the Testator and keep the same safely and securely in his possession, until he delivered the same into the hands of the surrogate aforesaid, on the eighth day of October last past. That no alterations was made in said Will after is execution, while the deponent had the same in his possession as aforesaid. That at the time of the execution of the said Will the Testator was of sound mind & memory, of full age and not under restraint. The witness was then cross examined by DeWittt Parshall Esquire & further testified that the said Benjamin Randolph lived in about a mile of the deponent at the time the Will was executed. Thinks the Testator was seventy four or five years old at the time he made said Will. That the deponent wrote the will. That Jesse Randolph called on the deponent, requested him to got to the house of the Testator & do some writing. Such request was made a day or two before the will was written. That no one was present at the time the will was written, except Jesse Randolph might anonymously have come in the room. That Jesse Randolph went to the field to get Alva Curtis to witness the will. That it was talked between the deponent & the Testator that Alva Curtis was to be one of the witnesses to the will. That Jesse Randolph lived in the house with Benjamin at the time of the execution of the will. That Eliza Wolfram also lived in the same house and washed for, & took care of Benjamin Randolph who was sick with a cancer at the time. He had been complaining a year or more. Jess Randolph had lived with the Testator for the last ten years or more preceding his death. - Veniah Yeomans Alva Curtis was then called as witness to prove the said will and being duly sworn testified as follows that is to say: that he the deponent was acquainted with Benjamin Randolph late of the town of Walworth in the county of Wayne and the State of New York. That the said Benjamin Randolph is now dead. That he died some time in the month of September last past, at Walworth aforesaid, which was the place of his residence at the time of his death. That he the deponent said the saw Benjamin Randolph sign the paper now here produced in court, and which purports to be the last Will and Testament of the said Benjamin Randolph deceased, bearing date the twenty third day of May 1838. that the said Benjamin Randolph signed the said Will in the presence of the deponent and in the presence of Veniah Yeomans and Eliza Wolfram at the same time signed the said Will as witness in the presence of the said Benjamin Randolph and at his request and in the presence of each other. That the said Benjamin Randolph then & there in the presence and hearing of the deponent, of the said Veniah Yeomans and Eliza Wolfram declared the said Will to be his last Will and testament. That at the time thereof he was of sound mind and memory, of full age and not under restraint and capable of dividing real estate. -Alva Curtis The said DeWitt Parshall there as counsel for the said William Randolph withdrew his aforesaid written request for the examination of all this witnesses to the said will and the parties submitted the foregoing proofs to the Surrogate for his decision thereon-And I the said Surrogate being satisfied upon the said proof taken, that the said will was duly executed; that the said Testator at the time of executing the same was in all respects competent to divide real estate and not under restraint, do therefore allow the said will, proofs and examinations, to be recorded. Witness Lyman Sherwood surrogate aforesaid, the day and year first aforesaid -Lyman Sherwood Surrogate In the matter of the proof of the last Will and Testament of Benjamin Randolph, deceased Before Lyman Sherwood, Surrogate of Wayne County I William Randolph one of the heirs of the said Benjamin Randolph deceased, hereby give notice that I intend to contest the said will, and request that Eliza Wolfram, Alva Curtis & Veniah Yeomans, witnesses to the said will, may each and all of them be examined on the proof thereof before the said Surrogate. - William Randolph Dated December 3, 1838 State of New York Wayne County I do solemnly, sincerely and truly declare and affirm that I will faithfully and honestly, discharge the duties of Executor of the last Will and Testament of Benjamin Randolph, deceased. - Jesse Randolph Affirmed & subscribed the 10th day of December 1838, before me Lyman Sherwood, Surrogate State of New York Wayne County I do solemnly, sincerely and truly declare and affirm that I will faithfully and honestly, discharge the duties of Executor of the last Will and Testament of Benjamin Randolph, deceased. -B Van Tasel Affirmed & subscribed the 10th day of December 1838, before me Lyman Sherwood, Surrogate Ami C Smith of Walworth Sylvester Rice appraisers Inventory not transcribed.