WILL OF JOSIAH BENNETT, STEUBEN CO., NY
Copyright (c) 1999 by Susan Austin (susanaustin@hotmail.com).
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Samuel S. Barnes of the city of Albany, being duly sworn, says that he
is foreman in the office of the Albany Argus, the paper published by the
Printer to the State, and that the notice , of which the annexed is a
printed copy, has been regularly published in said Albany Argus, once
each week, for six weeks successively, commencing on the 24th day of
October 1846, S. S. Barnes, Commissioner of Deeds. Fees, $ --- :
Sworn before ------- (covered) of November 1846.
Sherman Croswell
"The people of the state of New York, to Susanah Bennett, residing in
the town of Wayne, Steuben county, N. Y., Esther wife of Alonzo
Williams, Letitia wife of John Morrow, and Christina wife of Baker
Conklin, all residing in the town of Tyrone, Steuben county, N. Y.,
Morris Bennett, residing in Brighton, Livingston county, Michigan, the
widow and heirs at law of Josiah Bennett, late of the town of Wayne,
Steuben county, deceased:
Whereas Royal T. Bennett, one of the executors of the last will and
testament of the said deceased, has this day offered the said will for
probate, before
Ansel J. McCall, surrogate of our county of Steuben, you are therefore
hereby cited to appear before the said surrogate, at his office in the
town of Bath, in said county, on the 14th day of December next, at 10
o'clock in the forenoon, to attend the probate and proof of the said
will which relates to real and personal estate.
Given under the hand and official seal of the said [L. S. ]
nineteenth day of October, one thousand eight hundred and forty-six.
22F6 (copy)
A. J. McCall, Surrogate
Book 4 p. 92
To wife Susan goods + furniture + all monies + cash now that I may be
possessed of at the time of my decease + also the use of the farm for
her support and to pay the expenses of settling my estate or so much of
the proceeds of the farm as may be necessary therefore --
Item I give + bequeath unto my daughter Caroline Snell the sum of five
hundred dollars for her individual support the interest and principle
thereof to be paid to her in such amounts + at such times as my
executors herein after named shall judge necessary for her comfort and
support with interest from the time of my decease --
Item I give and bequeath unto my son Royal T. Bennett the large franklin
stove in the square room also three of my ("large" crossed out) silver
table spoons -- also all the waggons cutters + sleighs that I may be
possessed of at this time to have the possession of the stove + spoons
immediately after his mother decease + possession of the waggons cutters
and sleighs immediately after my decease.
Item I give and bequeath unto my son-in-law Alonzo Williams the one
horse buggy waggon (worth one hundred dollars) which he now has in his
possession, the same with interest from May 12, 1840 to be deducted from
his wife's legacy.
Item I give and bequeath unto my son Morris Bennett two certain notes of
hand which I now hold against him accounting to about one hundred
dollars, + I do order that my executors cancel and deliver the same to
him -- also the sum of one hundred dollars to be paid to him out of the
moveables + stock -- also three of my silver table spoons to be paid at
his mother's decease.
Item I give and bequeath unto my grandsons -- Josiah Morrow, Josiah
Conklin, -- Josiah Bennett (son of Morris) + Josiah Bennett (son of
Royal T.) + unto each of them respectively the sum of fifty dollars to
be paid to them when they become of age with interest from the date of
the sale of my farm.
Item I give and bequeath unto my grand daughters Susan Conklin, Susan
Morrow, Susan Snell + Susan Bennett (daughter of Royal T.) to each of
them respectively the sum of twenty five dollars to be paid unto each of
them when they become of age without any interest.
Item I give + bequeath unto my grand daughter Susan Bennett (daughter of
Royal T.) my new silver tea spoons to be delivered to her when she
becomes of age.
Item I give an bequeath unto my grand daughter Susan Snell a set of
silver spoons to be worth as much as those willed to Susan Bennett to be
given to her when she becomes of age.
Item I give and bequeath unto my grand daughters Susan Conklin and Susan
Morrow + unto each of them a double carpet coverlet -- they having
heretofore been delivered to them.
Item All the residue + remainder of my household goods + furniture not
heretofore disposed of I give and bequeath unto my daughters Christine
Conklin, Letitia Morrow, Esther Williams + Caroline Snell + their heirs
to be equally divided between them according to the value share + share
alike - to be paid to them immediately after their mother's decease.
Item I give + bequeath unto my son-in-law Baker Conklin several notes of
hand which I now hold against him amounting with the interest thereon to
four hundred + eight dollars, which note with the interest that has +
may accrue thereon are to be deducted from the legacy hereinafter left
to his wife Christine Conklin.
Item I do hereby order that my executors hereinafter named do dispose of
all my stock of cattle horses sheep + c. that I may be possessed of at
the time of my decease + that the proceeds of such sale or sales be
appropriated for the support + maintenance of my wife Susan or as much
thereof as may be necessary for such support.
Item All the rest + residue of my estate of what nature kind and quality
soever the same may be + not herein before given + disposed of (after
payment of my debts + legacies + funeral expenses I do give + bequeath
unto my daughters Christine Conklin Letitia Morrow + Esther Williams -
to be equally divided between them share + share alike + provided always
that any + all sums that I may advance them in my lifetime shall be
accounted as a part of their share or shares + the legacy heretofore
made to Baker Conklin of four hundred + eight dollars is to be deducted
from the said share of his wife Christine Conklin to the end + intent
that the said last bequest may be equally divided among all such
children share + share alike --
Item I hereby will + order that the executors of this my last will and
testament or their executors for + towards the performance of my said
testament shall have full power + authority to -- bargain sell + alien
in fee simple all those my lands called the north ninety seven acres of
my homestead which I now occupy for the doing executing + perfect
finishing whereof I do these by these presents give to my said executor
+ their executors full power + authority to grant alien bargain sell
convey + assure all the said lands to any person or persons + their
heirs forever in fee simple by all + every such lawful ways + means in
the law as to my said executors or their executors shall seem fit or
necessary -- but not to sell the same during my wife Susan's lifetime +
as soon after her decease as Royal may think best. and I do hereby
appoint my wife Susan + my son Royal T. Bennett executors of this my
last will and testament hereby revoking all former wills by me made:
In witness whereof I have hereunto set my hand + seal the fifth day of
December in the year of our Lord one thousand eight hundred + forty.
Josiah
Bennett [Seal]
The above instrument consisting of four sheets was now here subscribed
by Josiah Bennett the testator in the presence of each of us + was at
the same time declared by him to be his last will + testament + we at
his request sign our names hereto as attesting witnesses.
N. B. words "of my decease" in the 3rd + 4th lines from the bottom of
the first paper were erased before signing