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Will of John BENEDICT

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Will of John BENEDICT

Posted: 954417600000
Classification: Will
Edited: 1127937995000
Surnames: BENEDICT, BYINGTON, WEST, HALL, HART, BAKER
The following is the last Will & Teastament along with the proofs of John Benedict from Book E, page 299-303 found at the County Courthouse in Ithaca, NY. Thanks to Ken Chapman for retrieving them.

At a Surrogate Court held for the county of Tompkins at the office of the Surrogate of said county in the Village of Ithaca on the fourth day of April in the year 1846;
Present Geo. G. Freer Surrogate;
Albert G. Benedict sole executor named in the last will and testament of John Benedict late of the town of Groton in said county deceased appeared for the purpose of proving and having the said will recorded according to law and made satisfactory proof that a citation had been served according to law on all the heirs of the said deceased. An instrument purporting to be the last will and testament of John Benedict bearing date the seventeenth day of March in the year 1846 was produced in court and shown to each of the persons sworn as witnesses as herein after mentioned; which said instrument in writing is in the words and figures following, to-wit:

The last will and testament of John Benedict of Groton in the County of Tompkins and State of New York - I John Benedict considering the uncertainty of human life and being of sound mind and memory, do make and subscribe this my last will and testament in manner and form following that is to say
First, my will is and I hereby ordain and declare that my debts and funeral charges and expenses be well and truely paid and I further direct and my will is that the following disposition of my real & personal estate be made to wit - I give and bequeath to my son Albert G Benedict all my real and personal estate subject to the several payments to be by him made of the bequest herein after mentioned to the devises likewise herein named. I give and bequeath to my wife Susan Benedict one thousand dollars in lieu of her right of dower and that as a part of the said sum of one thousand dollars I give her all the furniture she brought to my residence at the time of her coming to live with me and likewise such other of my household goods as I bought after she came to live with me, and I further give to my wife Susan the use and occupation of the dwelling house and garden where I now reside, during her natural life provided she chooses to remain and occupy the same, and I further direct, the she have twenty bushels of apples annually from those that may grow in the orchard on the farm on which I now live. I give and bequeath to my daughter Emeline Byington a certain mortgage I now hold of a piece of land on lot number 99 in the town of Groton which mortgage was executed by Horace Baker on which is now due thirteen hundred dollars be the same more of less -----
I give and bequeath unto my granddaughter Harriet Byington one hundred dollars - And I hereby constitiute and appoint Albert G Benedict sole executor of this my last will and testament hereby revoking all former wills by me made.
In testimony whereof I have hereunto set my hand and seal this seventeenth day of March in the year of our Lord one thousand eight hundred and forty six.
John Benedict
The above instrument consisting of one sheet was now here subscribed by John Benedict in the presence of each of us and was at the same time declared by him to be his last will and testament, and we at his request sign our names hereto as attesting witnesses.
Alpheuas West residing in Groton
Silas N Hall residing in Groton
Charles D Hart residing in Groton

Charles D Hart of the town of Groton in the county of Tompkins being first duly sworn deposeth and saith; the he was acquainted with the above mentioned John Benedict deceased in his lifetime that he saw the said John Benedict deceased subscribe the instrument at the end thereof now shown to this deponent purporting to be the last will and testament of the said John Benedict and above described; that he heard the said John Benedict declare the same to be his last will and testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said John Benedict; that the said John Benedict was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint; and that he was about 65 years of age; that he died on or about the 18th day of March in the year 1846 and was resident of the town of Groton in the county of Tompkins at the time of his death.
Charles D Hart
Subscribed and sworn this 4th day of April 1846 before me Geo G Freer Surrogate

Silas N Hall of the town of Groton in the county of Tompkins being first duly sworn deposeth and saith; the he was acquainted with the above mentioned John Benedict deceased in his lifetime; that he saw the said John Benedict deceased subscribe the instrument at the end thereof now shown to this deponent purporting to be the last will and testament of the said John Benedict and above described; that he heard the said John Benedict declare the same to be his last will and testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said John Benedict; that the said John Benedict was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint; and that he was about 65 years of age; that he died on or about the 18th day of March in the year 1846 and was resident of the town of Groton in the county of Tompkins at the time of his death.
S N Hall
Subscribed and sworn this 4th day of April 1846 before me Geo G Freer Surrogate

Alpheus West of the town of Groton in the county of Tompkins being first duly sworn deposeth and saith; the he was acquainted with the above mentioned John Benedict deceased in his lifetime that he saw the said John Benedict deceased subscribe the instrument at the end thereof now shown to this deponent purporting to be the last will and testament of the said John Benedict and above described; that he heard the said John Benedict declare the same to be his last will and testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said John Benedict; that the said John Benedict was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint; and that he was about 65 years of age; that he died on or about the 18th day of March in the year 1846 and was resident of the town of Groton in the county of Tompkins at the time of his death.
Alpheus West
Subscribed and sworn this 4th day of April 1846 before me Geo G Freer Surrogate

The foregoing proofs and examinations taken before me the Surrogate aforesaid at the time and place first mentioned and the depositions of the respective witnesses were them respectively subscribed after havigf been carefully read over to them. And I the said Surrogate being satisfied upon said proofs taken the the said will was duely executed; that the said testator at the time of executing the same was in all respects competent to devise real estate and not under any restraint do therefore allow all the said will proofs and examinations to be recorded
Witness Geo G Freer, Surrogate aforesaid the day and year first aforesaid
Geo G Freer
I certify the foregoing to be a true record of the original last will and testament of John Benedict deceased and the proofs taken and other proceedings touching the same

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