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Herkimer Co. Will of Phineas Whitney

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Herkimer Co. Will of Phineas Whitney

Posted: 949924800000
Classification: Will
Edited: 1036420512000
Surnames: WHITNEY


Will of Phineas Whitney Sr.

State of New York
Herkimer County
July 3, 1824

To whit: Be it remembered that on the third day of july in the year of our lord one thousand eight hundred and twenty four before me Nathaniel L.Benton, surrogate in and for the county afore said was presented by Joseph Whitney and Franklin Whitney, the executors therein named, the last will and testament of Phineas Whitney, late of the town of German Flatts in said county, for the proof and registry thereof, which said last will and testament is in the words and figures following. That is to say:

To all whom it may concern, know ye that I, Phineas Whitney of the town of German Flatts in the county of Herkimer and state of New York, being in full possession of my reason and mental powers, although at an advanced age and in a poor state of health, have and do think proper to dispose of my effects by this my last will and testament by manner following. To witt:

First, I do give and bequeath unto my beloved wife all my personal property consisting of household furniture, stock etc.,Viz.,Stock, 1 pair four year old cattle, the one a brown and black, the other a red and white. 1 red cow, one black cow, two beds and bedding together with all my household furniture and personal property.
The thirty acres of my real estate that to be taken off of the custody part of fifty acres of land which I purchased of Jacob G. Weeber. The remaining twenty acres I do give and bequeath to my son Joseph Whitney the said twenty acres to be taken off of thje westerly part of said lot by a parallel line from the north to the south line of said fifty acres, the boundaries of which may be found reference to my deed.

I do further direct that my wife shall pay or cause to be paid out of said personal property,
my funeral charges and physician bills.
Then, to my heirs as follows, Viz: First, to my son Lyman Whitney, one dollar. 2nd, to my son Franklin Whitney, one dollar. 3rd, to my daughter Sally Brown, one dollar. 4th, to my son Phineas Whitney, one dollar.

I do hereby nominate, constitute and appoint my sons Joseph Whitney and Franklin Whitney, my executors to aid and assist my wife, Sally in carrying into full force and effect, this my last will and testament and also to assist in settling all my unsettled business after my decease.

Witness whereof I have hereto set my hand and seal this day, the 7 day of May in the year of our lord one thousand eight hundred and twenty four.
Signed and sealed in presence of Dennis Clapsaddle and Joseph Whitney.
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To Witt: Be it remembered that on the third day of July in the year of our lord one thousand eight hundred and twenty four, personally came and appeared before me, Nathaniel L. Benton esquire,surrogate in and for the county of Herkimer aforesaid, Dennis Clapsaddle and Joseph Whitney who being duly sworn upon their oath, lawfully declare that they saw Phineas Whitney deceased, sign and seal the affixed written instrument, Purporting to be the last will and testament of him the said Phineas Whitney, deceased bearing date the seventh day of May in the year of our lord one thousand eight hundred and twenty four and heard him the said Phineas Whitney publish and declare the same as and for his last will and testament: That at the time thereof, he the said Phineas Whitney deceased, was of a sound disposing mind and memory to the best of his knowledge and belief of the said Dennis Clapsaddle and Joseph Whitney and that the names of the said descendants subscribed to the said will are their respective proper hand writing which they generally subscribed to the said will in the presence of the testator and in the presence of each other as witnesses to the said last will and testament before me, Nathaniel L.Benton,surrogate.

The foregoing is a true copy of the last will and testament of Phineas Whitney, deceased,
and of the certificate of the proof thereof.
Nathaniel L. Benton, surrogate.

Herkimer County- To Witt: Be it also remembered that on this third day of july in the year of our lord one thousand eight hundred and twenty four by me, Nathaniel L. Benton surrogate, in and for the county aforesaid, was granted and allowed unto Joseph Whitney and Franklin Whitney, the executors therein named, letters testamentry of the last will and testament of Phineas Whitney deceased which are in the words following. That is to say-

Herkimer County- for the people of the state of New York by the grace of God, free and independent.
To all to whom these present shall come greeting, know ye that at Herkimer, in said county, on the third day of July in the year one thousand eight hundred and twenty four, before Nathaniel L. Benton esquire, surrogate in and for said county, the last will and testament of Phineas Whitney late of said county, deacesed, a true copy whereof is hereto afixed, was proved and now is approved and allowed of by us.
And the deceased having whilst he lived and at the time of his death, goods, chattels and credits within this state, by means whereof the proving and registering the said will, and granting administration of the said goods, chattels and credits, and the auditing allowing and final discharging the account thereof, douth belong unto us the administration of all and singularity the said goods, chattels and credits of the said deceased and every way concerning the said will, is granted unto Josph Whitney and Franklin Whitney, the executors in the said will named they being first duly sworn well and faithfully to administer the same and a just and true inventory of all and singular goods, chattles and credits to make and exibit unto the office of the law surrogate, within six calendar months from the date hereof and to render a true account thereof when there unto lawfully required.

In testimony whereof we have caused the seal of office of our said surrogate to be herein afixed. Witness: Nathaniel L. Benton, esquire, surrogate of our said county of Herkimer this third day of july in the year one thousand eight hundred and twenty four and of our
independance the forty eighth.
Nathaniel L. Benton, surrogate

Herkimer County- To witt: Be it also remembered that on this said third day of july in the year of our lord one thousand eight hundred and twenty four, personally came and appeared before me,Nathaniel L. Benton, surrogate of the county aforesaid, Joseph Whitney and Franklin Whitney before named and were duly sworn to the due execution and performance of the said last will and testament by taking the oath of an executor as by law is appointed.
Before me Nathaniel L. Benton, surrogate.

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