Last Will and Testament of Sylvanus CULVER - Deceased May 1876
Be it remembered, that heretofore, to wit: on the 18th day of August in the year of our Lord one thousand eight hundred and seventy six, Ruth CULVER and Alonzo CLARK executors named in the last Will and Testament and Codicil of Sylvanus CULVER, late of the town of Yates in the County of Orleans, deceased, appeared in open Court before the Surrogate of the County of Orleans, and made application to have the said Last Will and Testament & Codicil, which relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow/heirs at law and next of kin of the said testator, and their respective residences.
And said Surrogate did thereupon issue a Citation in due form of law, directed to the widow, heirs at law and next of kin of said deceased, by their respective names, stating their respective places of residence, and duly requiring them to appear before said Surrogate at his office, in the Village of Albion, in said County, on the 9th day of October, AD 1876 to attend the Probate of said Will & Codicil.
And afterwards, to wit: on the 9th day of October AD 1876 satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed y law, and on that day, no one appearing to oppose the Probate of such Will & Codicil, such proceedings were thereupon had in said Court afterwards that the said Surrogate took the proofs of said Will & Codicil hereinafter set forth, upon this 9th day of October AD 1876, and he thereupon adjudge the said Will & Codicil to be a valid Will & Codicil of Real and Personal Estate, and the proofs thereof to be sufficient, which said last Will and Testament and proofs, are as follows, that is to say.
In the name of God, Amen.
I Sylvanus CULVER of the town of Yates in the County of Orleans and State of New York, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, name, publish, and declare, this to be my last will and testament; that is to say.
First, after all my debts and funeral expenses are paid and discharged, the residue of my estate, real and personal, I give, bequeath and dispose of as follows: to wit:
Second, after my decease, all of my household furniture, beds and bedding, dishes, silverware & books are to be left to the free use and benefit of my beloved wife, Ruth CULVER, to have and to hold for her free use the rest of her natural life, and at her decease, they are to be divided equally among my six children viz: Sylvester CULVER of Sycamore, Ohio; Jennette MILLER, wife of Hamilton MILLER, of Byron, Genessee [sic] County, NY; Amanda MOON, wife of James MOON of Gasport, Niagara County, NY; Louisa HAIGHT of Somerset, Niagara County, NY; Franklin CULVER of Buffalo, NY; and Lucyetta CARPENTER, wife of Branson CARPENTER, of Monticello, NY.
Third, also all of the rest and residue of my personal estate is to be converted into money and invested, with good security, at legal interest, by my Executors, after my death, and the interest accruing therefore is to be paid annually to my said wife for her sole use and benefit during her natural life, to be used and expended by her as she may choose, and at her death, the whole of said money so invested shall be divided equally among my six children above named, share and share alike, to have and to hold, for themselves, their heirs, executors assigned forever, except that out of the above money so invested as provided above, I give, bequeath and devise to Cassin BARNUM, my granddaughter and daughter of Freeman BARNUM [of] Yates, when she shall have attained the age of twenty one years, the sum of one Hundred Dollars, but if she shall die before attaining the said age of twenty one years, then this amount devised to her shall remain as provided for above.
Fourth, also all of my real estate is to be kept for the use and benefit of my said wife, Ruth CULVER, giving to her the product of said real estate for her own use and benefit during her natural life, at the death of my said wife, Ruth CULVER, all of my real estate I give and devise to my six children, named above, to be divided equally among them, share and share alike, to have and to hold, the same for themselves, their heirs and assigned forever.
Fifth, I do hereby make, constitute, nominate and my said wife, Ruth CULVER, and Alonzo CLARK of Carlton, NY to be executors of this, my last will and testament, hereby revoking all former wills by me made.
In witness whereof, I have heresuit (?), set my hand and seal this 21st day of October in the year One Thousand Eight Hundred and Seventy Five.
Sylvanus CULVER, SS.
To above instrument, consisting of one sheet, was, at the date thereof, sealed, published and declared by the said Sylvanus CULVER, 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 witnessed thereto
Nathan P. FULLER, Farmer, Carlton, Orleans Co, NY
Caleb A. FRISBEE, Farmer, Carlton, Orleans Co. NY
Whereas, I, Sylvanus CULVER, of the Town of Yates in the County of Orleans and the State of New York, has made my last will and testament in writing, bearing date the Twenty first day of October in the year of our Lord One Thousand Eight Hundred and Seventy Five, in and by which I have given and bequeathed to my granddaughter Cassin BARNUM, daughter of Freeman BARNUM of Yates, the sum of One Hundred Dollars when she shall have attained the age of twenty one years.
Now, therefore, I do, by this writing, which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is that only the sum of Fifty Dollars shall be paid to the said Cassin BARNUM, as the full amount bequeathed to her on the same terms as stated in said mentioned will and that the residue of said legacy, which residue is Fifty Dollars, be given to my other Granddaughter Laura [Ettie?] BARNUM, daughter of Freeman BARNUM, of the Town of Yates, aforesaid to be paid to the said Laura [Ettie?] BARNUM when she shall have attained the age of Twenty one years: but if she shall die before attaining the said age of Twenty one years, then this amount devised to her shall be invested by my executors for the benefit of my said wife, Ruth CULVER, during her natural life, and at the death of my said wife, be divided equally among my six children as provided in the Third section of my said will.
And lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament, as aforesaid, to all interests and purposes.
In witness thereof, I have hereunto subscribed my name, and affixed my seal the Seventeenth day of March, in the year One Thousand Eight-Hundred and Seventy-Six.
Sylvanus CULVER, SS
The above instrument, consisting of one sheet, was of the date thereof, sealed, published, and declared by the said Sylvanus CULVER, as and for a codicil to 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 thereto.
Nathan R. FULLER, Farmer, Carlton, Orleans Co., NY
Eugene BRANCH, Farmer, Yates, Orleans Co., NY
Surrogate’s Court
In the matter of Proving the Last Will and Testament of Sylvanus CULVER, deceased.
Orleans Co., SS
Nathan R. FULLER and Caleb S. FRISBEE, being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of Sylvanus CULVER, late of the Town of Yates in the County of Orleans and Sate of New York, deceased. And these deponents do further say, that the said Sylvanus CULVER, deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument, in writing, which is now here shown to these deponents, and which purports to be the last Will and Testament of said deceased, and which bears date on the 21st day of October one thousand eight hundred and seventy five.
That the said deceased did at the time of subscribing his name to the said instrument as aforesaid, declare the same to be his last Will and Testament, and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence and in the presence of each other: That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States, that he appeared to be, and deponents believe he was, of sound mind, memory and understanding, and not under any restraint, and as deponents verify believe, in all respects competent to devise real estate, that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased.
Nathan R. FULLER
Cable [sic] S. FRISBEE
Sworn before me this 9th day of October 1876
Jno. G. SAWYER, surrogate
Surrogate’s Court – Orleans County
In the matter of [unreadable] Codicil to the last Will and Testament of Sylvanus CULVER, deceased, Orleans County, SS
Nathan R. FULLER and Eugene BRANCH bring first duly sworn in open Court, upon their sworn corporal oaths, each for himself, doth depose and say that he is a subscribing witness to the Codicil to the last Will and Testament of Sylvanus CULVER, late of the town of Yates in the County of Orleans and State of New York, deceased. And these deponents do further say, that the said Sylvanus CULVER, deceased, did, in the presence of each of these deponents subscribe his name at the end of the instruments in writing, which is now [__] shown to these deponents and which purports to be a Codicil to the last Will and Testament of the deceased, and which bears date on the 17th of March one thousand eight-hundred and seventy six. That the said deceased did, at the time of subscribing his name to the said instrument, as aforesaid, declare the same to be a Codicil to his last Will and Testament; and these deponents did therefore subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence, and in the presence of each other. That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States, that he appeared to be, and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate that each of these deponents saw the other sign his name to said instrument in the presence of said deceased.
Nathan R. FULLER
Eugene BRANCH
Subscribed and sworn to before me this
9th day of October AD 1876
Jno G. SAWYER, Surrogate
Orleans County, SS
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Sylvanus CULVER, late of the Town of Yates in the County of Orleans and the State of New York, deceased, that the said Will was duly executed, and that the said Sylvanus CULVER at the time he execute the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby records, signed and certified by me, pursuant to the provisions of the Revised Statutes, this Nineteenth day of October A.D. 1876
Jno. SAWYER, Surrogate