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Last Will and Testament of Benjamin Thomas

Tompkins County Surrogate Court, Will Book E, p. 136


Will of BENJAMIN THOMAS of Groton, Tompkins, NY
 Sampubco Wills NY55-E-136
Submitted by Ellis Howard, (howard.ellis @ gmail.com)

At the Surrogate Court held for the county of Tompkins at the office of the Surrogate of the said county in the village of Ithaca on the third day of April in the year 1844. Presents Augustus C. Marsh one of the executors named in the last will and testament of Benjamin Thomas late of the town of Groton in the said county deceased, appeared for the purpose of proving and having the said will recorded according to law and made satisfactory proof that a citation had been served according to law on all the heirs and next of kin of the said deceased which citation with the proof of service of the same is in the words and figures following to wit:

The people of the state of New York by the grace of God free and independent to all to whom these presents shall come or may concern and especially to the heirs and next of kin of Benjamin Thomas late of the town of Groton in the county of Tompkins deceased to wit:

Hiram Thomas, Orrin Clark and Marilla his wife, Phineas Blodget and Matilda his wife of Groton, Marcius (sp) Ellis of Dryden in said county, Watson G. Thomas and Ebenezer Thomas supposed to reside in Chicago, state of Illinois.  Horace Thomas, Rodney Goodwin and Wealthy his wife of the city of Buffalo.  Josiah W.  (Scaly?) of Ithaca in said county of Tompkins, special guardian of Alanson Thomas ____.

Whereas, Augustus Marsh who is named as executor in a certain instrument in writing purporting to be the last will and testament of Benjamin Thomas deceased and relating to both real and personal estate has applied at the Surrogate Court held for the county of Tompkins at the office of the surrogate of the said county in the village of Ithaca on the third day of April in the year of 1844 the last will and testament of Benjamin Thomas of the town of Groton in the county of Tompkins in the state of New York.

I, Benjamin Thomas considering the uncertainty of this mortal life, and being of sound mind and memory do make and publish this, my last will and testament in____and ____following.

That is to say first I give and bequeath unto my beloved grandson (Marcius?) Ellis the sum of $250.00, to be paid to him or his heirs by my executors within one year after my decease.  I give and bequeath unto my beloved grandson Benjamin Thomas the sum of $250.00 to be paid to him by my executors when he arrives at the age of 21 years.  It is my will that if he should die before he arrives at the age of 21 years that my executors do pay the sum of $250.00 to the two sisters of said Benjamin Thomas, Calista Horton and Nancy (Pennoyer?), share and share alike.

I give and bequeath to my beloved grandson Alanson Thomas the sum of $250.00 to be paid to him by my executors at his arriving at the age of 21 years.  It is my will that if he should not live to the age of 21 years that then the said sum of $250.00 be divided equally between the brothers and sisters of said Alanson Thomas that may be living at the time of his decease.

All the rest residue and remainder and all the _________of all my estate and effects, real and personal ___ and ____not herein before otherwise officially disposed of (after payment of my debts, legacies and other charges and deductions) I do give and bequeath unto my son Hiram Thomas and unto my daughter Marilla Clark and also unto my daughter Matilda Blodget, each an equal proportion of my effects, share and share alike.

Also, I do authorize and empower and direct my executors, their executor or executors from and after my deceased, for and during the normal life of the foresaid Hiram Thomas to manage and improve the state and fortune of him the said Hiram Thomas by me, hereby given him for his use and benefit and to base all or any part of his ____estate and to ____and place out____security or securities at interest or otherwise improve according to his or their discretion or discretions all or any part of the moneys arising from or belonging to the said estate and fortune of the said Hiram Thomas and to pay unto and account with him, the said Hiram Thomas, for all such sums and all such time or times as in the discretion of the said executors they shall think and proper to _________that the said Hiram Thomas shall have of the avails of said estate or fortune all that may be necessary or useful for him during his natural life or until the whole amount of said estate or fortune shall be expended by the said executors for his benefit. 

It is also my will that of the amount of the said estate of the said Hiram Thomas of principal interest or profits that should be in the hands of my executors, their executor or executors at the time of the decease of said Hiram Thomas.  This shall be then paid to my beloved grandson Benjamin Thomas if he should be living at that time.  If not it is my will that the amount that so ever it shall be, that it be paid to the sisters of the said Benjamin Thomas; Nancy Pennnoyer and Calista Horton.

Also I will and ordain that the executors of this my last will and testament or their executor or executors for and towards the performance of this my last will and testament and shall with all convenient speed after my decease bargain, sell and ___in fee simple all those lands of which I _____for the doing, executing and perfect finishing whereof I do by these presents give to my said executors, their executor or executors, full power and authority to grant, ____, bargain, sell, convey and assign  all of the said lands of or to which I have a title in law at the time of my decease (said lands being situated in the town of Groton, Tompkins County, New York) to any person or persons and their heirs forever in fee simple by all and every such lawful ways and means in the law as to my said executors or their executor or executors shall see fit or necessary.

Lastly, I hereby appoint Augustus C. Marsh and Phineas Blodget sole executors of this my last will and testament hereby evoking all forever wills by me made.

In witness thereof, I have herewith set my hand and seal on the 8th day of February in the year of our Lord 1844.

/s/ Benjamin Thomas
Witnesses:  Benjamin B. Dexter residing in Groton Township and Chester Brown

Witness Benjamin Dexter stated that deponent was about 77 years of age and deceased on or about 2-10-1844 and was a resident of the town of Groton. /s/ Benjamin Dexter 4-3-1844

Witness Chester Brown gave the same statement

Augustus C. Marsh of Groton being duly sworn says that he received the instrument now shown to him purporting to be the last will and testament of Benjamin Thomas deceased for safe keeping from the said Benjamin Thomas; that the same remained in the deponent’s possession until after the death of said deceased and until he delivered it to the surrogate of Tompkins County to be proved.  That on inspecting the same now (this deponent having written the said will for the testator) he is satisfied that said will has not been altered in any way since its execution by said testator.  /s/ A.C. Marsh

Subscribed and sworn this third day of April 1844 before Geo. G. Freer, Surrogate

 

Will donated by Ellis Howard. Thank you, Ellis!

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