Tompkins Co NY Wills Vol. R page 27

Samuel Woolever of Dryden
probated 30 Apr 1883

citations issued to:
heirs at law, legatees and next of kin
Ezra Woolever
John Woolever
Jason Woolever
Mary Hollenback
Caroline Hoyt
Susan Ellison
Joseph Woolever
William Woolever
Elijah Woolever

All aboved filed allegations against the proof and probate of said will, claiming that the same was not the will of said Samuel Woolever, deceased, but was obtained by fraud, imposition, coercion and undue influence; and claming also that the said deceased was incomptent to make a will, and that the said paper was not executed in the manner prescribed by law; and the proofs and allegations of the parties having been thereafter duly presented and submitted, all the parties interested in said alleged will and in the estate of said deceased having been duly brought into Court, and duly represented in person and by attorney:

Now therefore is hereby ordered, adjudged and decreed that said alleged last will and testament is null and void, as a will of real or personal property; that the same was procured by fraud, impositions coercion and undue influence exerted upon said Samuel Woolever, decease, and that probate of the same be, and hereby is denied.

Above decree, referring probate received by the Supreme Court and Judgement entered directing that said will be admitted to probate by the Surrogate's court of Tompkins County. Will admitted to probated April 14, 1885. See Decree entered in Book J, Minutes, Orders & Decrees, page 281.

In the Name of God. Amen

I, Samuel Woolever of the town of Dryden, in the County of Tompkins, and State of New York, of the age of seventy four, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and eclare this to be my last Will and Testament,, that is to say:

First. After all my lawful debts are paid and discharged, I give and bequeth to my sister Ann Swartwood and her husband Alonzo Swartwood all that tract or parcel of land situate in said town of Dryden, and described as follows, to wit, all those two parcels of land on Lot No. 95, the one conveyed to me by Michael Welch and Mary his wife by deed bearing date July twelvth eighteen hundred and sixty two, and recorded in the clerk's office in Tompkins County in Liber No. 1 of Dryden deeds at page 225 July twelth eighteen hundred and sixty two, containing fifty acres of land. And the other sa conveyed to me bearing date the fifteenth day of April eighteen hundred and forty four by the commissioners of the land office of the State of New York, containing sixty acres of land on Lot No. 35 of the town of Dryden, in the Military Tract in the County of Tompkins, New York (State of new yrok Secretary's office.) Recorded in book of patents No. 31 page 316 April 30th 1844, and recorded in Clerks office of Tompkins County in June 13th 1884 in Dryden Book of Deeds T. L. pages 180 & 181.

I give and bequeath the use of certain tracts or parcels of land to my sister Amy Cook during her lifetime, situate in the town of Dryden on Lot No. 25 and bounded as follows, the first parcel or tract of land the one conveyed to me by ded the eleventh day of April one thousand eight hundred and thirty nine, by Daniel Atwood and Nancy his wife containing forty acres of land, be the same more or less, and recorded in the clerks office in the County of Tompkins thirteenth of April eighteen hundred and forty four in Dryden Book of Deeds T.T. pages 24 and 25.

The second parcel or tract of land conveyed to me by deed the second day of December one thousand eight hundred fifty two, by Thomas Lewis, Thomas Bishop and Joseph Smiley Commissioners, on Lot No. 25 containing one hundred and seven acres of land, be the same more or less, and recorded in the clerks office of Tompkins County in Dryden Book of Deeds, Number 59 page 93 and 97; December second eighteen hundred and fifty two. The third parcel or tract of land known and described as part of Lot Number 25, in Dryden and conveyed to me by Charles Wright and Phebe Ann his wife of Dryden New York, on the first day of June one thousand eight hundred sity five, containing twenty five acres of land be the same more or less, and recorded in the clerks office of Tompkins County the first day of June one thousand eight hundred and sixty five, in Liber No. 3 of Dryden Book of Deeds page 14.

I also give and bequeath to my sister Amy Cook all of my personal property on Lot. No. 25 in Dryden, to sell, or dispose of in any manner that her judgement may dictate. I do hereby direct and order that the said Amy Cook as a condition to her right to hold and posess said real estate, and personal property on Lot No. 25 as above described, shall pay and discharge all my just and lawful debts.

I also give and bequeath at the death of Amy Cook the three parcels or tracts of land as above described on Lot No. 25 in Dryden to the children (Theodore, Ada and Eddie) of my sister Ann and Alonzo Swartwood of Ithaca N.Y. The above tracts and parcels of lands as conveyed to me by Charles Wright, Daniel Atwood, and Joel Bishop, Thomas Levies and Joseph Smiley, commissioners, containing about one hundred and seventy two acres of land, be the same more or less on Lot No. 25 in Dryden, N.Y. and recorded in the clerks office of Tompkins County.

Likewise, I make, constitute and appoint William J. Smith and Moses Rowland of Dryden, N.Y. to be Executors, of this my last Will and Testament, hereby revoking all former wills be me made.

In witness whereof, I have hereunto subscribed my name and affixed my seal, the thirtieth day of April in the year of our Lrod one thousand eight hundred and eight three.

Samuel Woolever L.S.

Witnesses:
Russel L. Sager, residence, Dryden, N.Y.
Mary E. Fitch, residence, Dryden, Tompkins Co., N.Y.

posted by SAMPUBCO