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EATON, Elisha 1833

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EATON, Elisha 1833

Posted: 978436800000
Classification: Will
Edited: 995833843000
Surnames: Eaton
Herkimer County
Little Falls
Volume E, p. 487
Elisha Eatons Estate

Herkimer County
Surrogate Court ss

To all to whom these presents shall come or may concern Greeting

Know Ye that I Arphaxed Loomis Surrogate of the county of Herkimer pursuant to the poower in me vested by the Laws of this State have this day appointed & do hereby appoint Parley Eaton of the Town of LittleFalls in the County of Herkimer Special Guardian to A__in Eaton Mary Eaton Martha Eaton Thomas __fuson Eaton & Mary Eaton Minor Heirs of Elisha Eaton deceased Respectively under the age of Twenty one Years for the special purpose of care of their interests in the matter of the proving of the last Will & Testament of the said Elisha Eaton deceased, the said Parley Eaton having first consented & agreed to act as such special Guardian--

In witness whereof I have hereunto set my hand & affixed my seal of office this 22nd day of July in the Year of Our Lord one thousand Eight Hundred & Thirty three

A Loomis, Surrogate

In the matter of the last Will &
Testament of Elisha Eaton deceased Herkimer County
as a Will of Real & personal property Surrogates office SS.



Henry Hallock of the Town of Littlefalls in the County of Herkimer being duly sworn & examined doth depose and testify that he was acquainted with Elish Eaton (now deceased) in his life time; That this deponent saw the said Elisha Eaton subscribe the instrument now shown to the deponent, purporting to be the last Will & Testament of the said Elisha Eaton bearing date the Twenty third day of May in the Year Eighteen Hundred & thirty three and that the said Elisha Eaton at the same time declared the said instrument to be his last will & Testament, and that the deponent together with George Brown & James F. Johnson the other subscribing Witnesses to said Will Subscribed his name as a Witness at the request of said deceased and that the said Will was executed by the deceased and attested to by the deponent at or about the time the said Will bears date and at the time the same was executed the said deceased was of full Lawful age and of sound mind and Memory and not under restraint, to the best of deponents Knowledge & belief
Sworn examined & subscribed
this 16th day of October 1833 before Henry Hallock (signed)
me A Loomis Surrogate

In the matter of the last Will &
Testament of Elisha Eaton deceased Herkimer County
as a Will of Real & personal property Surrogates office SS.



George Brown of the of Littlefalls in the County of Herkimer being duly sworn & examined, doth depose and Testify That he was acquainted with Elisha Eaton (now decease) in his life time; that this deponent saw the said Elisha Eaton subscribe the instrument now Shown to the deponent, purporting to be the last Will & Testament of the said Elisha Eaton bearing date the third day of May in the Year of our Lord one thousand Eight Hundred & Thirty three and that the said Elish Eaton at the same time declared the said instrument to be his last Will & Testament, and that the deponent together with James F Johnson & Henry Hallock the other subscribing Witnesses to said Will subscribed his name as a Witness at the request of said deceased, and that the said Will was executed by the deceased and attested to by the deponent at or about the time the said Will bears date; and at the time the same was executed the said decease was of full Lawful age and of sound mind & memory and not under restraint, to the best of deponents Knowledge & belief
Sworn examined & subscribed
this 16th day of October 1833 before George Brown (signed)
me A Loomis Surrogate

In the matter of the last Will &
Testament of Elisha Eaton deceased as Herkimer County
a Will of Real & personal property Surrogates office SS



James F Johnson of the Town of Herkimer in the county of Herkimer being duly sworn and examined, doth depose an Testify that he was acquainted with Elisha Eaton (now deceased) in his life time; that this deponent saw the said Elisha Eaton Subscribe the instrument now shown to deponent, purporting to be the last Will & Testament of the said Elisha Eaton bearing date the twenty third day of May in the Year Eighteen Hundred & Thirty three, and that the said Elisha Eaton at the same time declared the said instrument to be his last Will & Testament, and that the deponent together with George Brown & Henry Hallock the other subscribing Witnesses to the said Will subscribed his Name as a Witness at the request of the said deceased; that the said Will was executed by the deceased and attested to by the deponent at or about the time the said Will bears date; and at the time the same was executed the said deceased was of full lawful age and of sound mind and Memory and not under restraint to the best of deponents Knowledge & belief
Sworn examined & subscribed
this 16th day of October 1833 James F. Johnson (signed
before me A Loomis Surrogate



Know All men by these presents that I Elisha Eaton of the Town of Littlefalls in the county of Herkimer & State of New York being feeble in body but of sound & disposing mind & memory Blessed be Almighty God for the same, Do make & Publish this my last Will & Testament in words and manner following --
Item 1st I give and bequeath all my house hold furnature to Sally Eaton my Beloved wife--
Item 2nd My live Stock Farming utensils & all my other goods & chattles except house hold furnature are to be sold by my executors and with all debts due to me to be applied to the payment of my debts or so much thereof as may be necessary therefor.
Item 3d That part of my Real Estate in the Town of Little Falls aforesaid which I purchased of Doctor Samuel Redfield and also two Acres which I purchased of William Hallock & which was conveyed to me by Wyman Eaton I give and devise to my beloved Nephew Zelora Eaton--
Item 4th I give and grant the use and occupancy of thirty acres off from the North end of the farm on which I now live to the Baptist Church in Fairfield of Which I am a member To aid the said church in the support of their minister to have & to use the same for that purpose as long as the said church shall continue--
Item 5th All & every part & parcel of my Real Estate not herein before devised with my houses Barnes and out Houses thereon, I give and devise to Morgan E. Case on the condition that the said Morgan his Heirs executors or Administrators shall pay or cause to be paid all such debts and legal demands against me as may remain unpaid after applying therefor that part of my personal Estate mentioned in Item 2-- And also on the condition he the said Morgan do provide all the comforts & necessaries of life for my Wife Sally during her Natural life in sickness & in health proper and necessary for a Woman in her Condition.

Item 6th I choose and appoint my friend George Brown and Sally Eaton my wife to execute this my last Will & Testament--

Item 7 I hereby Revoke all former Wills with the codicils therewith whether the same be destroyed or not & publish and declare this to be my last Will & Testament in presence of James F Johnson Henry Hallock & George Brown whom I have requested to be present to Witness the execution & Sealing & to hear the publication hereof at my Residence in the Town of Littlefalls aforesaid--This Twenty third day of May in Year of Our Lord one thousand Eight & thirty three

James F. Johnson of the Town of Herkimer
George Brown of the Town of Little Falls
Henry Hallock of the Town of Little Falls

(signed) Elisha Eaton (seal)

State of New York
Herkimer County
Surrogates Office SS

Be it Remembered that on this 16th day of October 1833 the Above last Will & Testament of Elisha Eaton deceased was duly admitted before me as a Will of personal property and probate thereof was thereupon granted and at the same time the said Will was duly proved as a Will of Real property upon and by the Oaths and Evidence of James F Johnson George Brown & Henry Hallock the subscribing witness therein and upon such proof taken it appears that the same was duly executed by the said deceased. That the Testator at the time of Executing the same was in all respects competent to devise Real Estate & not under restraint which will & proofs & examinations so taken have been duly Recorded in the proper Book for that purpose provided in the Surrogates Office.
(Seal) In testimony Whereof I have hereunto set my hand & affixed my seal of office this sixteen day of October Eighteen Hundred & Thirty three

A Loomis

Surrogate

(Signed)
Herkimer County
Surrogates Office Ss I certify the foregoing to the Records of the Will & proofs of Elisha Eaton deceased

Dated October 16 1833

A Loomis Surrogate

Transcribed by M. Allis
Will obtained through SAMPUBCO

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