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Last Will and Testament of James Terry

Tompkins County Surrogate Court, Will Book H, p. 326


At a Surrogates Court held for the County of Tompkins at the office of the County Judge of said County in the Village of Ithaca on the 6th day of February in the year 1860
Presents H.S. Walbridge County Judge
An Instrument purporting to be the last will and testament of James Terry bearing date the twenty seventh day of August in the year 1856 was produced in Court and shown to each of the persons sworn as witnesses as hereinafter mentioned.
William Chandler of the town of Ulysses in the county of Tompkins being first duly sworn deposeth[?] and saith that he was acquainted with the above mentioned James Terry deceased in his life time: that he saw the said James Terry deceased subscribe at the end thereof the instrument now show to this deponent[?] purporting to be the last will and testament of the said James Terry and above described; that he [?] the said James Terry declare the same to be his last will and testament that this deponent subscribed his name as a witness thereunto in the presence and at the request of the said James Terry, that the said James Terry was at the time, in the opinion and belief of this deponent of Sound mind & memory and not under any restraint: and that he was about fifty nine years of age: that he died on or about the 23d day of November in the year 1859 and was a resident of the town of Ulysses in the County of Tompkins at the time of his death. William Chandler.

Frederick  Dumond of the town of Ulysses in the County of Tompkins being first duly sworn deposeth and saith that he was acquainted with the above mentioned James Terry deceased in his life time; that he saw the said James Terry deceased subscribe the instrument now shown to this deponent purporting to be the last will and testament of the said James Terry and above described; that he heard the said James Terry declare the same to be his last will & testament: that this deponent of the said James Terry, that the said James Terry was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint; and that he was about fifty eight years of age; that he died on or about the 23d day of November in the year 1859 and was a resident of the town of Ulysses in the County of Tompkins a the time of his death. F.S. Dumond.

Which said Instrument or last will & testament is in the words and figures following to wit:

In the name of God Amen. I James Terry of the town of Ulysses in the County of Tompkins and State of New York of the age of fifty eight years and being of sound mind and memory do make publish and declare this my last will and testament in [?] following that is to say:
1st. I give and bequeath to my daughter Rebecca Terry the sum of three hundred dollars.
2nd. I give and bequeath to my daughter Mary Terry the sum of three hundred dollars.
3rd. I give and bequeath to my son John H. Terry the sum of two hundred dollars.
4th. I hereby direct and order that the several legacies or sums of money above bequeathed to my daughters Rebecca and Mary and to my son John H are to paid to them within one year after the decease of my wife Anor.
5th. I give and bequeath to my said daughter Rebecca my Piano.
6th. I give and bequeath to my daughter Hanna Bradley the portrait of myself and wife.
7th. I give and bequeath to my son Samuel H. Terry my gold watch.
8th. And I direct and order that the above special legacies of articles to my daughter Rebecca & Hannah and to my son Samuel H shall be delivered to them within one year after the decease of my wife "Anor".
9th. I give and bequeath to my wife Anor all my personal property of every name and nature whatsoever and also all my real estate and the appurtenances thereunto belonging during her natural life.
10th. After the decease of my said wife Anor and after the payment of my debts and the aforesaid legacies I give and devise all the rest residue and remainder of my personal and real estate of every name and nature whatsoever to my children as follows--to Samuel H. Terry who resides in the State of Ohio. To Thomas J Terry who resides in Tompkins County. To John H Terry who resides in the same place. To Hannah Bradley who resides in the County of Cuyuga[?]. To Anor Elizabeth Shobridge[?] who resides in Trumansburgh. To Rebecca Terry who resides in the town of Ulysses. And to Mary Terry who resides in the twon of Ulysses-to be divided equally between them share and share alike.
Lastly. I do hereby nominate and appoint my son Samuel H Terry of the state of Ohio to be the executor of this my last will and testament and hereby authorize and empower him to sell and dispose of my personal and real estate after the decease of my wife Anor in any way that seems to him most proper and judicious hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal this 27th day of August in the year of our Lord one thousand eight hundred and fifty six.

James Terry.

The above instrument consisting of one sheet was at the date thereof signed published and declared by the said James Terry as and for his last will and testament, in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereunto.
FS Dumond, residing at Trumansburgh in the County of Tompkins
William Chandler, residing at Trumansburgh in the County of Tompkins

I do hereby certify that the foregoing is a true record of the original last will and testament of James Terry late of the town of Ulysses in the County of Tompkins N York deceased and of the original proofs relating thereto.
HS Walbridge County Judge

 

Will donated by Tanya Bomsta. Thank you, Tanya!

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