Chemung County ,Elmira NyArchives Wills.....Carpenter, Daniel April 17, 1848 ************************************************ 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, 7:04 pm Source: Sampubco Written: April 17, 1848 Recorded: May 31, 1849 339 At a Surrogates court held at the Village of Elmira in the County of Chemung on the 12th day of May 1849, before John W Wisner Esqr county judge of Chemung County -- In the matter of the proof of the Last Will & Testament of Daniel Carpenter Decd. The petition of John Carpenter of Elmira in the county of Chemung Respectfully Showeth that your petition is named one of the Executors in the Last Will & Testament of Daniel Carpenter late of the town of Elmira in the county of Chemung deceased, that said Deceased died at his place of residence in said town of Elmira on the 27th day of April last past, that his said last Will & Testament disposes of both real & personal estate, that said deceased left a Widow named Rebecca and the following named children heirs at law 340 and next of kin to said Deceased to wit James Carpenter, Daniel B Carpenter, this deponent, William Carpenter, Benjamin Carpenter, Betsey Cook, Rebeca Campbell and the following named grandchildren, children of Sally Vansickle Decd. daughter of said Deceased to wit William Vansickle, Thomas Vansickle, Betsey Vansickle, Daniel Vansickle, Elijah Vansickle, Lewis Vansickle, that the said Vansickes are all minors except William Vansickle -- This Deponent prays that said Last Will & testament may be admitted to probate and Letters testamentary these thereon granted according to law. John Carpenter Chemung County Ls - John Carpenter the above named petitioner being duly sworn says that the above petition signed by him and the matters therein stated are true. Sworn this 12th day of May 1849. Before me John W. Wisner Chemung County Judge At a Surrogates court held at the Village of Elmira in the county of Chemung on the 12th day of May 1849 before John W. Wisner Chemung County Judge, on the day & at the place aforesaid John Carpenter one of the Executors named in the Last will & testament of Daniel Carpenter late of the said county deceased appeared and offered the said will for probate and made satisfactory proof before the said county Judge that the said deceased died on the 27th day of April last past and was at the time of his death an inhabitant of said county , It is therefore ordered that a citation issue to the widow & next of kin of the said deceased to appear & attend the probate of the said will before the said county Judge at his office in the Village of Elmira on the 21st day of May 1849 at one o'clock in the afternoon. John W. Wisner Chemung county Judge The People of the State of New York. To Rebecca Carpenter widow, James Carpenter, Daniel B Carpenter, William Carpenter, Benjamin Carpenter, Betsey Cook, Rebecca Campbell, William Vansickle, Erastus P. Hart Special Guardian of Thomas Vansickle, Betsey Vansickle, Daniel Vansickle, Elijah Vansickle, Lewis Vansickle, minors 341 Heirs at law & next of kin to Daniel Carpenter late of the town of Elmira in the County of Chemung & State of New York Decd. Whereas John Carpenter one of the executors named in the last will and testament of the said Daniel Carpenter deceased his this day offered the said will for probate before John W. Wisner County Judge, surrogate of the county of Chemung, You are there fore hereby cited to appear before the said County Judge at his office in the Village of Elmira in the county of Chemung on the 21st day of May next at one o'clock in the afternoon to attend the probate of the said will. LS Given under the hand and official seal of the said county Judge at Elmira in said county this 12th day of May 1849. John W Wisner Chemung County Judge & Surrogate At a surrogates court held on the day and at the place mentioned in the above citation before John W. Wisner Chemung County Judge ?? came John Carpenter one of the executors named in the last will and testament of said Daniel Carpenter deceased and it appearing in proof that legal service of said citation had not been made on James Carpenter one of the heirs at law and next of kin to said deceased, it is therefore ordered that further citation issue to said James Carpenter to appear and attend the probate of said will before the said county Judge at his office in the Village of Elmira on the 31st day of May next at one o'clock in the afternoon, and that these proceedings stand adjourned to that time and place. John W. Wisner Chemung County Judge The People of the State of New York To James Carpenter of Elmira in the county of Chemung one of the heirs at law and next of kin to Daniel Carpenter late of the town of Elmira in the county of Chemung and State of New York deceased. Whereas John Carpenter one of the executors named in the last will & testament of the said Daniel Carpenter deceased has this day offered the said will for probate before John W Wisner County Judge & Surrogate of the county of Chemung : You are therefore hereby cited to appear before the said County Judge at his office in the Village of Elmira 342 in the county of Chemung on the 31st day of May next at one oclock in the afternoon to attend the probate of thee said will. LS Given under the hand and official seal of the said surrogate at Elmira in said county this 21st day of May 1849. John W Wisner County Judge & Surrogate At a surrogates court held at the town of Elmira in the county of Chemung on the 31st day of May 1849. before John W Wisner county Judge of Chemung county, on the day and at the place aforesaid John Carpenter & William Carpenter executors of the last will & testament of Daniel Carpenter late of the town of Elmira in the county of Chemung Deceased appeared for the purpose of proving said will. William Carpenter also appeared. Where upon I the county Judge aforesaid proceeded to hear the proofs and allegations of the said parties and thereupon the said John Carpenter & William Carpenter produced satisfactory proof of lawful service of notice of this application on all the heirs of the said deceased at least eight days previous to this 31st May inst. Where upon the persons who are subscribing witnesses to the said will were by the said County Judge duly sworn to prove the execution of the said will and testified as follows. Chemung County LS. Almon Cook of the town of Elmira in the county of Chemung testified that he was aquainted with Daniel Carpenter late of the town of Elmira aforesaid the testator in the last will & testament here in court produced and who is now deceased that he saw the said Daniel Carpenter the said testator sign his name to the said will and heard him at the same time declare the same to be his last will & testament. that Marilla Chapman the other subscribing witness was present at the time the said testator executed his said will as aforesaid and that as well he the said Almon Cook as the said Marilla Chapman the other subscribing witness was present at the time the said testator executed his will at the request of the said testator in his presence and in the presence of each other and that the said testator at the time he executed his said will as aforesaid 343 was of sound mind memory & understanding and not under any restraint to his knowledge or belief Almon Cook Sworn this 31st day of May 1849. Before me, John W Wisner Chemung County Judge Chemung County Ls: Marilla Chapman being first duly sworn and examined testified that she was called on to be a witness to the last will & testament of Daniel Carpenter late of the town of Elmira deceased. that the will here in court produced is the same to which she subscribed her name as a witness, that she saw the said Daniel Carpenter the testator sign his name to the said will and heard him declare the same to be his last will & testament and that at the same time at the request of the testator she subscribed her name as a witness in his presence, and that she the said Marilla Chapman and the said Almon Cook the other subscribing witness subscribed their names as witnesses to the execution of the said will by the testator as aforesaid in his presence and in the presence of each other and that the said Daniel Carpenter the testator at the time he executed his said will & testament as aforesaid was of sound mind memory & understanding and not under any restraint to her knowledge and competent as she considered to execute his said will. Marilla Chapman Sworn this 31st day of May 1849. before me John W Wisner Chemung County Judge The foregoing proofs and examinations were taken before me the county Judge aforesaid on the 31st day of May 1849 at my office in the Village of Elmira in the county of Chemung and the depositions of Almon Cook and Marilla Chapman the only subscribing witnesses to the said will were by their respectively subscribed after having first carefully read over to their and I the said county Judge being satisfied upon the said proof before me taken as aforesaid that lawful service of notice of proving the said will has been served on the heirs of the said Daniel Carpenter the testator deceased. that the said will was duly executed and that the said testator 344 at the time of executing the same was in all respects competent to devise real estate and not under restraint do therefore allow the said will proofs & examinations to be recorded and that letters testamentary issue to the executors in said will named__ John W Wisner Chemung County Judge (will) The last will and testament of Daniel Carpenter of the town of Elmira in the county of Chemung and state of New York. I, Daniel Carpenter aged Seventy one years and upwards being of sound mind & memory blessed be Almighty God for the same do make and publish this my last will & testament in manner and form following First I give and bequeath unto my well beloved wife Rebecca all my household furniture for her use during her lifetime and at her decease I give the same to my son Benjamin Carpenter Secondly, I give and bequeath to my sons James Carpenter and Daniel B. Carpenter each the sum of one hundred dollars to be paid to them severally within two years after my decease. And to my son John Carpenter I give and bequeath the sum of Fifty dollars payable within two years after my decease. Thirdly, I give and bequeath unto my daughters Sarah Vansickle, Elizabeth Cook and Rebecca Campbell each the sum of one hundred dollars , and I hereby direct that the legacies to Sarah Vansickle and Elizabeth Cook be paid to them severally within one year after my decease and the legacy to my daughter Rebecca Campbell I order and direct the same to be paid to her within two years after my decease. Fourthly , I give and devise unto my son William Carpenter and unto his heirs and assigns forever ten acres of land to be laid off the North side of my farm on which I now reside and next adjoining his farm to be of such width as will make the ten acres by n??ing the whole width of my farm east and west course. Fifthly , I give and devise unto my son Benjamin Carpenter all the rest and residue of my homestead farm and unto his heirs and assigns forever , And I also give and bequeath unto him all my personal property of every kind and nature what soever. And I do hereby expressly charge the real estate devised unto him and the personal property bequeathed him with 345 the payment of the several legacies herein bequeathed to my sons and daughters , and also with the payment of all just debts and funeral expenses , And I hereby personally charge my said son Benjamin with the care and maintainance of my wife Rebecca with food raiment and all necessary medical attendance during her lifetime , and in every respect to be comfortably provided for in my present dwelling house and at her decease to pay all necessary funeral expenses. Sixthly , I hereby authorize and direct my executors hereinafter named to make, execute and deliver unto Dan'd Tillotson a deed for a lot of land near the steam sawmill of said Tillotson as soon as said Tillotson shall comply with the contract for the purchase of said lot from me. Lastly , I do hereby constitute and appoint my sons John Carpenter and William Carpenter executors of this my last will & testament. In witness whereof I have hereunto set my hand & seal this 17th day of April 1848. Daniel Carpenter LS The foregoing instrument of one sheet was now here subscribed by Daniel Carpenter the testator in the presence of each of us and at the time of the execution hereof by him he declared the same to be his last will & testament and we at his request subscribed our names hereto as attesting witnesses. Almon Cook, Elmira, Chemung County Marilla Chapman, Elmira, Chemung County Additional Comments: Daniel Carpenter was a son of Joshua and Sarah (Burt) Carpenter, he married Rebecca Dunn. SAMPUBCO Chemung County Will Testators Index CARPENTER, DANIEL ELMIRA NY-8-2-339 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 13.2 Kb