The following is the last Will and
Testament of John
Backus from Will Book I
Pages 137-139. The heirs of his deceased daughter
Hannah Buskirk are: Mrs. Mary Culbert; Mrs. Harriet or Hattie Russell wife of William Russell; Mrs Emma Hartson wife of Edwin Hartson; Mrs Emeline Shafer wife of Phineas Shafer; and a granson Jay L
Sherd. Although all the documents indicate that John's daughter Lorenzer's married names is
Waters, her signature indicates that she may be a Watrous. (Thanks to Ken
Chapman for retrieving these documents.)
At a Surrogate's
Court, held for the County of
Tompkins at the office of the County
Judge of the said county, in the village of Ithaca, on the fifth day of November 1862,
Present H S Wallridge County
Judge.
An Instrument purporting to be the last Will and
Testament of John
Backus bearing date the 29th day of August in the year 1861 was produced in court, and shown to each of the persons sworn as witnesses, as herein after mentioned.
William J
Morton of the town of Groton in the county of
Tompkins being first duly sworn, deposeth and saith that he was acquainted with the above mentioned John
Backus deceased in his life-time; that he heard the said John
Backus ask Franklin
Willoughby to sign his name to the instrument now shown to this deponent, purporting to be the last Will and
Testament of the said John
Backus & said
Willoughby did sign his name for him to the said instrument above described; that he heard the said John
Backus 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
Backus that the said John
Backus was at the time, in the opinion and belief of this deponent, of sound mind and memory - and not under any restaint; and that he was about 88 years of age; that he died on or about the twenty eight day of May in the year 1862, and was a resident of the town of Groton in the county of
Tompkins at the time of his death.
W. Jay
MortonSworn before H S Wallridge County
JudgeFranklin
Willoughby of the town of Groton in the county of
Tompkins being first duly affirmed, deposeth and saith that he was acquainted with the above mentioned John
Backus deceased in his life-time; that he wrote the name John
Backus the deceased at the end of the instrument now shown to this deponent, purporting to be the last Will and
Testament of the said John
Backus and above described; at the request of the said John
Backus that he heard the said John
Backus 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
Backus that the said John
Backus was at the time, in the opinion and belief of this deponent; of sound mind and memory - and not under any restaint; and that he was about 88 years of age; that he died on or about the 28th day of May in the year 1862 as deponent is informed and believes, and was a resident of the town of Groton in the county of
Tompkins at the time of his death.
This deponent wrote the said will and on inspecting the same says that it is in the same condition now that it was at the time of its execution not having been in any way altered or changed.
F Willoughby
Affirmed before H S Wallridge County
JudgeWhich said last Will and
Testament is in the words and figures following, to-wit:
In the name of God
Amen. I, John
Backus of the town of Groton in the County of
Tompkins and State of
New York aged 88 years being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be may last Will and
Testament. That is to say First after all my lawful debts are paid and discharged I give and bequeath to my daughter
Jerusha Osborn the sum of Five hundred dollars.
Second. I guve and bequeath all the rest residue and remainder of my personal estate goods and chattels of what nature or kind to my daughters Laury
Richmond, Cynthia
Richardson, Lorenzer
Waters, Harriet Culver and to the heirs of
Hannah Buskirk to be divided equally amoung them all share and share alike my instruction being that the heirs of
Hannah Buskirk deceased shall receive one share or one fifth of what remain after the bequest of five hundred dollars to to my daughter
Jerusha Osborn is paid.
Second I make constitute and appoint William
Morton of Groton
Tompkins County and State of
New York to be executor of this my last Will and
Testament hereby revoking all former wills by me made.
In witness whereof I have hereunto sunscribed my name and affixed my seal the twenty ninth day of August in the year of our Lord on thousand eight hundred and sixty one.
John
BackusThe above instrument was sunscribed by the said John
Backus in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to he his last will and
Testament and we at his request have signed our names as witnesses hereto and written opposite our names our respective places of residence
F Willoughby Groton, Tompknis County,
New YorkW J
Morton Groton,
Tompkins County,
New YorkI hereby certify that the foregoing is a true record of the original last WIll and
Testament of John
Backus late of the town of Groton in the county of
Tompkins in and State of
New York and of the original proofs relating thereto
H S Wallridge
County
Judge