JEFFERSON COUNTY, NEW YORK


WILLS

BENJAMIN SPRAGUES ESTATE



At a surrogates court held in and for the county of
Jefferson at the surrogate's office in Watertown in
Said county the 11th day of May 1855
Present Jas RA Perkins surrogate

In the matter of proving the last will and testament of Benjamin Sprague deceased be it remembered that on the 21st day of March 1855, Marshall Sprague of Antwerp in said county came before said surrogate and made and filed his petition on oath and thereby said surrogate was satisfied that Benjamin Sprague late an inhabitant of said county and owning real and personal estate therein had died having previously duly made and published his last will and testament disposing of said estate and therein had named the said Marshall Sprague the Executor thereof. That the heirs and next of kin of said deceased are as follows and none other or others viz: Rufus Sprague of Hawley state of Massachusetts, Benjamin Sprague, Marshall Sprague said petitioners Timothy Sprague, Dexter Sprague, Caroline Sprague, Emeline Hall wife of Alba Hall, Lucy Holmes wife of Jospeh Holmes all of Antwerp aforesaid and Lawson Sprague of Fowler St. Law- rence County all of full age and William Sprague of Antwerp aforesaid a minor having no general guardian children of said Testator, Achsah Ann Porter, Levi Porter, Lewis Porter & Elizabeth Porter of Adams, Berkshire Co Massachusetts, minors having no general guardian, grand children of said Testator. And that Sally Sprague of Antwerp aforesaid of full age is the widow of said deceased

Benjamin Sprague's Estate
Order continued

by said petition it was prayed that a citation might issue out of and under the seal of this court to be directed to the proper persons requiring them at such time and place as should be in said cita- rion mentioned to appear and attend the probate of said Will and that such further or other proceeding might be had as mMight be required to the proving and recording said Will and the granting probate and Letters Testamentary thereof. Thereupon said surrogate being satisfied of the truth of the matters stated and set forth in said petition and on reading and filing the consent of Luther J Donvin of Watertown in said county Atty at law, to be appointed the special guardian for the minor na- med in said petition did appoint the said Donvin such special guardian for the sole purpose of taking care of the interest of said minors in this matter and did also issue a citation under his hand and official seal bearing date the 21st day of March 1855, directed to the persons above named and to the said special guardian stating their places of residence respectively and that Marshall Sprague the executor in said Will named had applied to said Surrogate to have the same proved as a will of real and personal estate and requiring them personally to be and appear before said surrogate at this office in Watertown on said County on the 7th day of May 1855 at 10 o'clock in the forenoon of that day and attend the probate of said Will. Thereupon process was continued until the return day thereof at which time and place last mentioned appeared in court before said Surrogate the said Marshall Sprague and filed with said Surrogate proof by affidavit of the personal service of said citation upon all of said persons residing in this state and of the due pulblica- tion of the same in the state paper as required by law and Luther J Donvin special guardian as aforesaid having also appeared and no one opposing the said surrogate did thereupon proceed to hear the proofs and allegations of the parties in the premises. The said Will was produced and Leonard Pike and Benjamin Cook, two of the subscri- bing witnesses to said Will were severally duly sworn and

Benjamin Sprague's Estate
Order continued

Testified as such witnesses which testimony after being reduced to writing was carefully read over to and subscribed by them. Thereupon the further hearing of said matter was adjourned to the 11th of May at the same hour and place. At which time and place last mentioned appeared in court before said surrogate the parties as aforesaid. The said Will was again produced and Sally Bell the other subscribing witness was duly sworn and testified as such witness which testimony after being reduced to writing was carefully read over to and and subscribed by her and the same together with the testimony of Leonard Pike and Benjamin Cook the other witnesses, was afterwards recorded as follows hereinafter ~ Thereupon said surrogate being satisfied from said proofs and examinations that said Will was duly executed. That the testator at the time of executing the same was of sound and disposing mind memory and understanding of full age and not under any restraint and competent to make a will, and that said will was duly made and published as a Will of real and personal estate. Doth order adjudge and decree that said Will be and the same is hereby proved, approved, established and confirmed as a good and valid Will of real and personal estate and that the same be recorded a such. And the same with the proofs thereof taken and the certificate thereon endorsed is recorded of the day & year first aforesaid on the offen of said Surrogate in the book kept for that purpose which record follows immediately hereinafter in this book. And it is further ordered that Letters Testamentary issued to Marshall Sprague the executor in said will named.

Witness Jas. R A Perkins surrogate of
Said County the day & hear first aforesaid
Jas R A Perkins
425

Benjamin Spragues Estate
Will continued and Testament in manner and form following (that is to say). First I order and direct that my funeral charges & just debts be paid and and discharged out of my estate as soon after my decease as the same can be reasonably and judiciously done by my Executor. Secondly I give & bequeath to my three sons Marshall, Timothy and William all each and every of my right title interest and claims to my real and personal estate in manner following "to wit" It is my intent and I hereby make it an express consideration that on the transfer of my estate to my three aforementioned sons that the obligation to maintain and support through her natural life (their mother) my wife Sally and further that within eight years from my decease they shall hereby and by virtue of aforesaid assignment or quit claim of my estate are made holden to pay to their brothers and sisters to the amount of five hundred & fifty dollars in manner following viz: to Rufus Sprague his exec- utors administrator or heirs or assigns one hundred dollars. To Dexter Sprague his heirs executors administrator or assigns one hundred dollars provided always that the said Dexter Sprague fulfil a certain verbal contract made in the spring of 1854 for himself & wife to work one year on my coal job at the price of two hundred dollars and his son to work for me enough to pay his board. But in case said Dexter Sprague neglects or fails to fulfil said contract then the lack or amount of non performance of it shall be deducted from the aforementioned legacy of one hundred dollars. The said three brothers assigns shall pay to their three sisters as follows. To Caroline Sprague (single woman) at the end of the eight years aforesaid the sum of fifty dollars. To Lucy wife of Joseph Holmes fifty dollars. To Emiline wife of Alba Hall fifty dollars provided always that as said Alba Hall is bound to me in the sum of one hundred and twenty five dollars value in quit claim to saw mill and premises on shingle creek near near the near the Beaver "ports" to be paid in sawing or lumber. But in case of the non payment of the aforesaid sum of one hundred and twenty five dollars and interest from the time of sale of said saw mill which

426
Benjamin Sprague's Estate

Will continued
Was in the spring of 1832 then the amount of failure or non payment of such contract shall be deducted from aforesaid legacy of fifty dollars to his wife Emeline. Thirdly I hereby appoint Marshall Sprague Executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I hereunto set my hand and seal this eighteenth day of January in the year of our Lord one thousand eight hundred and fifty five. Benjamin Sprague by BC. L.S. signed sealed published & declared by the above named Benjamin Sprague To be his last will & testament in the presence of us who have hereunto Subscribed our names as witnesses in the presence & at the request of The testator, Benjamin Cook., Leonard Pike, Sally Bell.

Testimony

State of New York
Jefferson County} Surrogate Court: Before Jas. R.A. Perkins Surrogate In the matter of proving the will of the real and personal estate of Benjamin Sprague deceased. County of Jefferson Leonard Pike of the Town of Antwerp in said county being first duly sworn deposeth and saith that on the eighteenth day of January 1855 at Antwerp aforesaid he heard Benjamin Sprague deceased acknowledge that he subscribed the instrument now shown to this deponent and which purports to be the last will and testament of Benjamin Sprague late of the Town of Antwerp in said County bearing date the 18th day of January in the year of our Lord one thou sand eight hundred and fifty five. That on the day of the date aforesaid and at the time of acknowledging the same he heard the said Benjamin Sprague declare the same to be his last will and testament and that he, this deponent and Benjamin Cook & Sally Bell the other subscribing witnesses did then subscribe their names thereto as witnesses at the request and in the presence of the said Benjamin Sprague and of each of them. That at the time thereof the said Benjamin Sprague was of sound and disposing mind memory and understanding of full age and not under any restraint and competent to make a will.

his
Lenoard X Pike
mark

Subscribed & sworn before
Me May 7th 1855
Jas RA Perkins
Surrogate
427
Benjamin Spragues's Estate Testimony continued
State of New York} Jefferson County } Surrogates Court. Before Jas. R. A. Perkins Surrogate in the matter of proving the will of the real and personal estate of Benjamin Sprague deceased. County of Jefferson ? Benjamin Cook of the Town of Antwerp in said couty being first duly sworn deposeth and saith that on the eighteenth day of January 1855, at Antwerp aforesaid he heard Benjamin Sprague deceased acknowledge that he subscribed the instrument now shown to this deponent and which purports to be The last will and Testament of Benjamin Sprague late of the Town of Antwerp in said County deceased bearing date 18th day of the year of our Lord one thousand eight hundred and fifty five That on the day of the date aforesaid and at the time of acknowledging the same he heard the said Benjamin Sprague declare the same to be his last will and testament and that he this deponent and Leonard and Sally Bell the other subscribing witnesses died then subscribe their names thereto as witnesses at the request and in the presense of the said Benjamin Sprague and of each other: That at the time thereof the said Benjamin Sprague was of sound and disposing mind memory and of full age and not under any restraint and competent to make a will. And this deponent further says that the name of the said Benjamin Sprague was subscribed to said Will by this deponent at the request and that the same was afterwards ack nowledged by him as aforesaid to be his signature. Benjamin Cook subscribed and sworn before me May 7th 1855, Jas. R.A. Perkins Surrogate State of New York} Jefferson County } Surrogates Court: Before Jas. R.a. Perkins Surrogate In the matter of proving the will of the real and personal estate of Benjamin Sprague deceased. County of Jefferson, Sally Bell of the Town of Antwerp in said County being first duly sworn deposeth and saith that on the eighteenth day of January 1855 at Antwerp aforesaid she heard Benjamin Sprague deceased acknowledge that he subscribed the instrument now shown to the deponent and which purpors to be the last will and testament of Benjamin Sprague late of the Town of Antwerp in said County bearing date the 18th day of January in the year of our Lord one thousand eight hundred and fifty five. That on the day of the date aforesaid and at the time of acknowledging the same she heard the 428 Benjamin Spragues Estate Testimony continued Said Benjamin Sprague declare the same to be his last will and testament and that she, this deponent and Benjamin Cook & Leonard Pike the other subscribing witnesses did then subscribe their names thereto as witnesses at the request and in the presence of the said Benjamin Sprague and of each other. That at the time thereof the said Benjamin Sprague was of sound and disposing mind, memory and understanding of full age and not under any restraint and competent to make a will. Subscribed & sworn before me Sally Bell May 11th 1855 Jas. R.A. Perkins Surrogate Certificate State of New York Jefferson County} Surrogate Court: Before Jas. R.A. Perkins Surrogate Jas. R.A. Perkins surrogate in and for the county of Jefferson do certify upon proofs and examinations taken before me at my office in Watertown in Watertown (repeat) in said county on the 7th & 11th days of May 1855 by the oaths of Leonard Pike and Benjamin Cook & Sally Bell the subscribing witnesses to the foregoing will. That said will was duly executed. That the testator at the time of executing the same was in all respects competent to devise real estate and to bequeath personal property, of sound and disposing mind, memory and understanding of full age and not under any restraint. That said will has been duly proved, approved, established and confirmed as a good and valid will of real and personal estate. And I further certify that said will with the proofs thereof taken and the certificate thereon endorse as recorded in the office of said surrogate in the book kept for recording wills testaments and codicle. In witness whereof I have hereunto LS affixed my seal of office and subscribed my name this 11th day of May 1855 Jas R.A. Perkins Surrogate Recorded May 11th 1855 Jas. R.A. Perkins Surrogate


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