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Will of Anson Phelps of Russia, New York

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Will of Anson Phelps of Russia, New York

Ken Craig (View posts)
Posted: 987854400000
Classification: Will
Surnames: Phelps, Ford, Hein, Voorhiis, Hrundun
Anson Phelps Estate
Russia, Herkimer, New York
Record G-239
Probated: 6 March 1840

In the matter of the last Will and Testament of Anson Phelps, deceased, as a will of real & personal property Herkimer County Surrogate’s Office vis: Jane Phelps of the town of Russia in the County of Herkimer being duly sworn & examined doth depose & testify that the instrument in writing in the hands of the Surrogate of said County purporting to be the last Will and Testament of Anson Phelps deceased was delivered to this deponent by said Anson Phelps immediately after it was Executed to be safely kept – that this deponent kept the same until she delivered it to the Surrogate of Herkimer County & this deponent verily believes the said instrument to be the (idustrial) last Will and Testament of the said Anson Phelps deceased & that the same hath been in no respect altered or changed since it was Executed & published by the testator or since it was delivered to this deponent, Jane Phelps, - sworn, examined & subscribed this 6 day of March 1843 before Mr. Lauren Ford, Surrogate.
In the matter of the last Will and Testament of Anson Phelps, deceased, as a will of real & personal property Herkimer County Surrogate’s Office vis: Richard Hein, (1 word) of the town of Newport in the County of Herkimer being duly sworn & examined doth depose & testify that he was acquainted with Anson Phelps (now deceased) in his life time that this deponent saw the said Anson Phelps subscribe the instrument now shown to the deponent purporting to be the last Will & Testament of the said Anson Phelps bearing date the sixth day of September in the Year Eighteen hundred & forty two & that the said Anson Phelps at the same time declared the said instrument to be his last Will & Testament & that the deponent together with Edmond P. Voorhiis the other subscribing witness to be said will subscribing witness to said will subscribed his name as a witness at the request of the said deceased & that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed & in the presence of the testator & of each other and at the time the same was executed the deceased was of full lawful age and of sound mind & memory and not under any restraint to the best of the deponents knowledge and belief. Richard Hrundun – sworn, executed and subscribed this 6 day of March 1845 before Mr. Lauren Ford, Surrogate.
In the matter of the last Will & Testament of Anson Phelps, deceased as a will of real & personal property Herkimer County Surrogate’s Office vis: Edmund P. Voorhiis of the town of Newport in the County of Herkimer being duly sworn & examined doth depose & testify that this deponent some time in the month of September last and as this deponent believes on or about the sixth day of said month was requested by Richard Hrundun Esq. to go to the house of said Hrundun in the village of Newport & witness the will of a Mr. Phelps – That this deponent in compliance with said request went with Mr. Hrundun to his house & was then introduced to a man as being Mr. Phelps – that after this deponent was introduced as aforesaid a paper was shown to this deponent which is now in the hands of the Surrogate of Herkimer County bearing date the sixth day of September 1842 purporting to be the will of Anson Phelps. That said person to whom this deponent had been introduced as Mr. Phelps then signed his name to said paper in the presence of this deponent & said hereunder – that said person who subscribed his name as aforesaid declared the said paper to be his last Will & Testament – that this deponent together with Richard Hrundun the other subscribing witness 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 in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed & in the presence of the testator & of each other and at the time the same was executed the deceased was of full lawful age and of sound mind & memory and not under restraint to the best of the deponents (1 word) belief – Edmund P. Voorhiis – sworn, examined and subscribed this 6th day of March 1843 before Mr. Lauren Ford, - Surrogate.

WILL:
I, Anson Phelps, of the town of Russia, being of sound mind and memory but considering the uncertainty of this mortal life do make & publish this as & for my last Will & Testament in manner & form following:

First – I order & direct all my just debts and charges paid out of my personal property by my Executrix hereinafter named.

Second – I give & bequeath to my beloved wife, Jane Phelps, all and singular the rest & remainder of my Personal Estate of all kinds in lieu of dower.

Thirdly – I give & devise to my father Isaac Phelps all my real Estate being fifty acres of land situate in the said town of Russia known as the (Mather) lot subject to and (1 word) with the following legacy that is to say the sum of three hundred & twenty eight dollars which I order paid or secured to be paid by the said Isaac Phelps to my said wife Jane Phelps in one year from & after my decease and to draw in trust from the time of my decease.

Fourthly & lastly – I hereby constitute & appoint my beloved wife Jane Phelps Executrix of this my last Will & Testament hereby revoking all former wills by me made. In testimony whereof I have hereunto set my hand & seal this 6th day of September 1842. Anson Phelps.

Signed, sealed and declared by the above-named testator as & for his last Will & Testament in presence of us who have hereunto subscribed our names as witnesses in presence of the testator & in presence of each other.
Richard Hrundun – Newport
Edmund P. Voorhiis – Newport

State of New York, Herkimer County, Surrogate Office:
Be it remembered that on the sixth day of March A.D. 1843 the written last Will & Testament of Anson Phelps, deceased was admitted to probate & was duly proved as a will of personal property & probate thereof was thereupon granted and at the same time said will was duly proved as a will of real property upon & by the testimony of Richard Hrundun & Edmund P. Voorhiis, the subscribing witnesses thereto that whom said testimony taken on oath it appears that the said will was duly executed by the testator according to law that the testator at the time of Executing the same was in all respect competent to devise real Estate & not under any restraint the said will & the said proofs & Examinations so as aforesaid taken have been duly recorded in the proper book for that purpose provided & kept in the Office of the Surrogate of Herkimer County. In witness whereof I have hereto subscribed my name & affixed the seal of my office at Little Falls, this sixth day of March A.D. 1840.
Lauren Ford – Surrogate

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