Chemung County ,Veteran NyArchives Wills.....Carpenter, Benjamin C. March 16, 1846 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Dennis Carpenter dctinman@webtv.net March 20, 2009, 5:54 pm Source: Sampubco Written: March 16, 1846 Recorded: July 30, 1846 110 Chemung County Surrogates Court Ls John Carpenter of Elmira, County aforesaid, being duly sworn saith that Benjamine C. Carpenter late of the Town of Veteran in the County of Chemung died on the 26th day of May last past at his residence in the said town of Veteran a natural death. That the said deceased left an instrument in writing purporting to be his last will and Testament bearing the date The 16th day of March 1846 That the said deceased left a widow Eunice and no children or Father but did leave Brothers and sisters towit Daniel Carpenter of Elmira & Thomas Carpenter of Bigflats County of Chemung. William Carpenter, James Carpenter, Samuel Carpenter and John H. Carpenter (Sarah Barber, Abigail Barber, Thomas Barber of Adrian, Lenawee County, Michigan - Margaret whose husbands name or residence is not known to this deponent Children of Polly Barber) Hannah the wife of Samuel Whitney who resides in Shelby, Orleans County, Ny. Abigail the wife of James Vanhorn of Orleans County, Ny Town not known and Richard A. Carpenter of Angelica, Allegany County, Ny, all of whom are the age of twenty one years & upward & that said Will relates to both Real and personal Estate. Subscribed and sworn before me This 11th day of June 1846 B B Payne Surrogate John Carpenter The people of the State of New York to Eunice Carpenter of Veteran, Daniel Carpenter of Elmira, Thomas Carpenter of Bigflats County of Chemung Ny, William Carpenter, James Carpenter, Samuel Carpenter, John H. Carpenter, (Sarah Barber, Abigail Barber & Thomas Barber of Adrian, Lenaway County Michigan, Margaret whose husbands name or residence is not known Children of Polly Barber deceased 111 Hannah wife of Samuel Whitney of Shelby Orleans County Ny. Abigail wife of James Vanhorn of Orleans Co, town not known & Richard A Carpenter of Angelica, Allegany County Ny send greeting Whereas John Carpenter of Elmira has lately applied to our Surrogate of the County of Chemung to have a certain Instrument in writing bearing the date The 16th day of March 1846 perrporting to dispose of both real and personal Estate duly proved as the Last Will and Testament of Benjamine C Carpenter late of Chemung County -- Therefore you & Each of you are cited & required personally to be and appear before our said Surrogate at his office in the Village of Elmira on the 30th day of July next at 10 OClock in the fore noon of that day Then and There to attend to the probate of the said last Will and Testament In Witness whereof The Surrogate of our said County has hereunto affixed his seal of office The 11th day of June 1846 B. B. Payne, Surrogate Chemung County Ls I certify That I did on the 11th day of June 1846 put in the Post Office at Elmira Copies of the written citation directed to Each viz Wm Carpenter, James Carpenter, Samuel Carpenter, John H Carpenter, Sarah Barber, Abigail Barber and Thomas Barber at their respective places of residence B. B. Payne, Surrogate Chemung County Surrogates Court Ls John Carpenter being duly sworn saith That More Than Eight days ago he served a Copy of the written citation on Each Eunice Carpenter, Daniel Carpenter and Thomas Carpenter John Carpenter Subscribed & sworn before me This 30th day of July 1846 B B Payne, Surrogate 112 State of New York Niagara County Ls Harvey S. Harrington being duly sworn saith he did on the 20th day of June 1846 Serve a Copy of the written citation personally on Abigail wife of James Van Horn within named. H S Harrington Sworn to this 22nd day of June 1846 before me P L Ely Justice of the peace State of New York Orleans County Ls Hardin Beebe being duly sworn saith he did on the 23rd day of June 1846 serve a copy of the written citation on Hannah Whitney within named Hardin Beebe Sworn before me this 26th day of June 1846 Alexis Ward - Supreme Court Commissioner State of New York Allegany County Ls William S. Carpenter being duly sworn saith he did on the 11th day of July 1846 serve a copy of the written citation on Richard A Carpenter within named Wm S Carpenter Sworn & subscribed before me this 15th day of July 1846 Smith Davis Justice of the peace of Allegany County State of New York City & County of Albany Ls Samuel S Barnes of the city of Albany being duly sworn say 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 in each week for six weeks successively commencing on the 15th day of June 1846 S S Barnes 113 Sworn before me this 24th day of July 1846. Firman Crowell Commissioner of Decd. The People of the State of New York To Eunice Carpenter of Veteran, Daniel Carpenter of Elmira, Thomas Carpenter of Big flats County of Chemung Ny, William Carpenter, James Carpenter, Samuel Carpenter, John H Carpenter (Sarah Barber, Abigail Barber and Thomas Barber of Adrian, Lenawee Co. Michigan, Margaret whose husbands name or residence is not known children of Polly Barber deceased) Hannah wife of Samuel Whitney of Shelby, Orleans County Ny, Abigail wife of James Vanhorn of Orleans County town not known & Richard A. Carpenter of Angelica, Allegany Co. Ny send greeting. Whereas John Carpenter of Elmira has lately applied to our Surrogate of the County of Chemung to have a certain instrument in writing bearing the date the 16th day of March 1846 purporting to dispose of both Real & personal Estate duly proved as the last Will & Testament of Benjamine C Carpenter late of Chemung County. Therefore You and Each of you are cited and required personally to be and appear before our said Surrogate at his office in the Village of Elmira on the 30th day of July next at 10 OClock in the forenoon of that day Then and There to attend to the probate of the said last Will and Testament LS In witness whereof the Surrogate of our said County has hereunto Affixed his seal of Office the 11th day of June 1846 B. B. Payne Surrogate 114 Chemung County Surrogates Court Ls John Jackson of Elmira, County aforesaid, being duly sworn saith that he was well acquainted with Benjamine C Carpenter late of the Town of Veteran, County aforesaid, The Testator in his last Will and Testament here in court produced and who is now deceased that he saw the said Benjamine C Carpenter the Testator sign his name to the said Will and hear him at the same time declare the same to be his last Will and Testment that Usher H Davy the other subscribing witness was present at the time the said Testator Executed his said Will as aforesaid that this deponent and the said Usher H Davy subscribed their names as witnesses to the Execution of the said Will at the request of the said Testator in his presence & in the presence of Each other and that the said Testator at the time he Executed his said Will as aforesaid was of sound mind Memory and understanding and not under any restrant to the knowledge of this deponent and compitent as he considered to Execute his said Will John Jackson Subscrbed & sworn before me this 30th day of July 1846 B B Payne Surrogate Chemung County Surrogates Court Ls Usher H Davy of the Town of Veteran, County aforesaid, being duly Sworn saith that he was well aquainted with Benjamine C Carpenter late of the town of Veteran aforesaid the Testator in his last Will and Testament here in court produced and who is now deceased that he saw the said Benjamine C Carpenter the Testator sign his name to the said Will and hear him at the same time declare the same to be his last Will and Testament that John Jackson the then subscribing witness was present at the time the said Testator Executed his said 115 Will as aforesaid that this deponent & the said John Jackson subscribed their names as witnesses to the Execution of the said Will at the request of the said Testator at the time he Executed his said Will as aforesaid was of sound Mind Memory and understanding and not under any restraint to the knowledge of this deponent and competent as he considered to Execute his said Will Usher H Davy Subscribed & sworn before me this 30th day of July 1846 B. B. Payne Surrogate Chemung County Surrogates Court Ls John Carpenter of Elmira, County aforesaid, being duly sworn saith that the said last Will & Testament of Benjamine C Carpenter deceased which is now here in court produced was delivered to him after the decease of the said Testator by Eunice Carpenter widow of the said deceasd for the purpose of delivering to the Surrogate of the County of Chemung for probate that said Will was Enclosed & Sealed when received and so remained ??? delivered to the said Surrogate John Carpenter Subscribed & sworn before me this 30th day of July 1846 B B Payne Surrogate In the name of God, Amen. I, Benjamine C. Carpenter of the Town of Veteran in the County of Chemung and State of New York being of sound and disposing mind memory and understanding do hereby make publish and declare my Last Will and Testament in manner and form following First I order and direct that my Executors here in after named pay all my just debts and funeral charges as soon after my decease as conveniently may be 116 Secondly I give and bequeath to my beloved wife Eunice Carpenter all my personal property for her use and behoof and to be by her disposed of she may see proper, and desire That she shall pay one Equal half of a certain Bond and Mortgage Executed by me to the heirs of Charles Hulett Esqr for the sum of Five Hundred dollars. I also Give and Bequeath to my wife Eunice Carpenter Seventy Eight acres of the farm on which I now reside Beginning at The East line of said Farm and running west far enough to make the said Seventy Eight Acres together with all the Buildings and Appentenances Thereunto belonging for her use benefit and behoof during her natural life. Thirdly I give and bequeath to John Alexander twenty five Acres of Land on the West End of the farm on which I now reside Also Seventy Eight Acres of Timber Lot which is now in Contract from Hiram Gray which I design to have deeded to John Alexander - Also I Give and bequeath to John Alexander The Seventy Eight Acres above described as set off for my wife after her decease he paying one half of the Bond and Mortgage above named made to the heirs of Charles Hulett for five hundred dollars. Also to pay to Hiram H. Carpenter three hundred dollars as follows (viz) One hundred dollars one year after the decease of my wife, One hundred dollars in two years after her decease & one hundred dollars at Three years after the decease of my wife. Fourthly I give and bequeath to Eliza M. Spencer one hundred dollars to be paid by John Alexander one year after my decease. Fifthly I give and bequeath to brother Richard A. Carpenter five dollars also to my brother William Carpenter five dollars aso to Daniel Carpenter my brother five dollars, also to my brother Samuel Carpenter five dollars, also to my sister Hannah 117 Whitney five dollars, also to my sister Abigail Van Horn five dollars, also to my brother James Carpenter five dollars, also to my brother John H Carpenter five dollars, also to my brother Thomas M Carpenter five dollars. The bequests last made to my Brothers & Sisters to be paid within two years after my decease. Sixthly I do hereby Nominate and Appoint my Beloved wife Eunice Carpenter my Executrix and John Carpenter and Stephen Johnson Executors of this my Last Will and Testament and hereby Expressly revoke all and Every former will by me made in witness. I have hereunto set my hand and Seal This Sixteenth day of March in the year of our Lord One Thousand Eight hundred and forty six. Signed sealed Published and declared by the Testator to be his Last Will and Testament in The presence of us who at his request and in his presence of Each other have subscribed our names John Jackson of the Town of Elmira Chmg co Usher H Davy of the Town of Veteran Chemg co State of New York Chemung County Ls I, Benajah B Payne, Surrogate of the County of Chemung do hereby certify that in pursuance of Chapter 6 title 1 Article 1 part 2nd of the Revised Statutes of the State of New York upon proofs & Examinations taken before me in the County of Chemung aforesaid on the 30th day of July 1846 by the oaths of John Jackson & Usher H Davy the only subscribing witnesses to the within Will that the within Will was duly Executed that the Testator at the time of Executing the same was in all respects competent to divise real Estate & not under any restraint - And I the Surrogate aforesaid do further certify that the within Will and the pro?? thereof are recorded in 118 my office in Book No 2 kept by me for recording Wills and Testaments and Codicils proved before me on pages from 110 to 118 LS In Witness whereof I the Surrogate aforesaid have hereunto affixed my seal of Office at Elmira in the said County of Chemung The 30th day of July in the year 1846 B B Payne Surrogate I Benajah B Payne Surrogate of the County of Chemung do hereby Certify that the within Will has been admitted to probate by me and that probate thereof was granted on the 30th day of July 1846 B B Payne Surrogate Additional Comments: Benjamin C. Carpenter, born about 1790, was the son of Joshua and Sarah (Burt) Carpenter. SAMPUBCO Chemung County, New York Will Testators Index CARPENTER, BENJAMIN C. VETERAN NY-2-110 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 13.8 Kb