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Will of Arthur S. JOHNSON, Probate 1875

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Will of Arthur S. JOHNSON, Probate 1875

Posted: 7 Jan 2001 5:00AM GMT
Classification: Will
Edited: 26 Jun 2001 11:55AM GMT
Surnames: BEERS, CHAMBERLAYNE, GRANT, HORTON, INGERSOLL, JOHNSON, LYON, McKINNEY, SMITH
Tompkins Co., NY - JOHNSON, Arthur S. - Ithaca N 341; Probate 25 October 1875.

At a Surrogate's Court, held in and for the County of Tompkins, at the office of the County Judge, on the 25th day of October 1875. Present, J. M. McKINNEY, Special County Judge and Surrogate.

In the matter of Proving the Last Will and Testament and Codicils of Arthur S. JOHNSON, Deceased.

AN INSTRUMENT, purporting to be the last Will and Testament and two Codicils thereto of Arthur S. JOHNSON, said Will bearing date the 28th day of August 1869, said Codicils dated April 8th, 1871, and July 27th, 1872, were produced in open Court, and shown to each of the persons sworn as witnesses, as hereinafter mentioned.

Marcus LYON of the town of Ithaca in the county of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above mentioned Arthur S. JOHNSON deceased, in his life-time; that he saw the said Arthur S. JOHNSON deceased, subscribe at the end thereof the instrument now shown to this deponent, purporting to be the last Will and Testament of the said Arthur S. JOHNSON and above described; that he heard the said Arthur S. JOHNSON 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 Arthur S. JOHNSON; that the said Arthur S. JOHNSON 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 76 years of age; that he died on or about the 20th day of October in the year 1875, and was a resident of the town of Ithaca in the county of Tompkins at the time of his death. Deponent further says that he was well acquainted with Samuel W. SMITH, Esq., the other subscribing witness to said Will, that said Samuel W. SMITH is now dead, and deponent saw said Samuel W. SMITH subscribe his name to said Will as an attesting witness thereto, in the presence and at the request of Testator and of deponent.
/s/ Marcus LYON
Subscribed and sworn to before me this 25th day of October 1875. J. M. McKINNEY, Special County Judge.

Samuel B. BEERS of said county being duly sworn says that he knew said Arthur S. JOHNSON Testator, and said Samuel W. SMITH witness to the Will of said Arthur S. JOHNSON, in their lifetime, that he was well acquainted with the signature and handwriting of said Testator and Witness, having seen them write, that in the opinion and belief of deponent, the signature of said Arthur S. JOHNSON, Testator, and of Samuel W. SMITH, Witness, to the said Will now shown to deponent are the true and genuine signatures of said Testator and Witness.
/s/ S. B. BEERS
Sworn and examined before me this 25th day of October 1875, J. M. McKINNEY, Special County Judge.

Ida S. HORTON of the town of Ithaca in the county of Tompkins being first duly sworn, deposeth and saith, that she was acquainted with the above mentioned Arthur S. JOHNSON deceased, in his life-time; that she heard the said Arthur S. JOHNSON deceased, declare that he had subscribed at the end thereof the instruments now shown to this deponent, purporting to be Codicils to the last Will and Testament of the said Arthur S. JOHNSON and above described; that she heard the said Arthur S. JOHNSON declare the same to be Codicils to his last Will and Testament; that this deponent subscribed her name as a witness to each of said Codicils in the presence and at the request of the said Arthur S. JOHNSON, that the said Arthur S. JOHNSON 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 75 to 80 years of age; that he died on or about the 20th day of October in the year 1875, and was a resident of the town of Ithaca in the county of Tompkins at the time of his death. /s/ Ida S. HORTON.
Subscribed and sworn to before me this 25th day of October 1875, J. M. McKINNEY, Special County Judge.

Hiram W. INGERSOLL of the town of Ithaca in the county of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above mentioned Arthur S. JOHNSON deceased, in his life-time; that he heard the said Arthur S. JOHNSON deceased, declare that he had subscribed at the end thereof the instruments now shown to this deponent, purporting to be Codicils to the last Will and Testament of the said Arthur S. JOHNSON and above described; that he heard the said Arthur S. JOHNSON declare the same to be Codicils to his last Will and Testament; that this deponent subscribed his name as a witness to each of said Codicils in the presence and at the request of the said Arthur S. JOHNSON, that the said Arthur S. JOHNSON 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 75 to 80 years of age; that he died on or about the 20th day of October in the year 1875, and was a resident of the town of Ithaca in the county of Tompkins at the time of his death. /s/ H. W. INGERSOLL.
Subscribed and sworn to before me this 25th day of October 1875, J. M. McKINNEY, Special County Judge.

Said Will and Codicils thereto are as follows viz:

In the name of God, Amen, I, Arthur S. JOHNSON of the Town of Ithaca, County of Tompkins and State of New York, being of sound mind and memory, and not under restraint, and of full age, do hereby make, publish and declare this, my Last Will and Testament as follows, viz:

FIRST, I do hereby give and bequeath to my beloved wife Charlotte, all my household furniture, beds, bedding, books and family library. I do also give, devise and bequeath unto my said beloved wife Charlotte the sum of One Thousand Dollars, to be paid to her by my Executors hereinafter named and appointed, as soon as practicable after my decease. I do also give, devise and bequeath unto my said beloved wife, the use, interest, enjoyment and income of all the rest, residue and remainder of my Estate, real and personal, during her natural life.

SECOND, I do hereby give, devise and bequeath to my daughter Louise C. JOHNSON, the sum of Two Thousand Dollars to be paid to her by my Executors at the death of my said wife Charlotte, or as soon as practicable thereafter.

THIRD, Whereas I consider myself justly indebted to my son Charles H. JOHNSON for monies paid and advanced by him to me previous to and at the time of the decease of my daughter Mary Jane, now in consideration of such indebtedness, and as payment thereof (the manner of such payment herein designated being in accordance with the wishes of my said son Charles H.), I do hereby give, devise and bequeath to the children of my said son Charles H. JOHNSON who shall be living at my decease, the sum of Three Hundred Dollars, to be divided equally among said children, and to be paid to them or their Guardian within one year after the decease of my wife Charlotte.

FOURTH, I do hereby give, devise and bequeath all the rest, residue and remainder of my Estate to my four children, Frances R. CHAMBERLAYNE (surname unclear), William JOHNSON, Charles H. JOHNSON, and Louise C. JOHNSON, to be divided equally between them, share and share alike, upon the death of my said wife Charlotte, or as soon as practicable thereafter.

FIFTH, In case any of my said four children should die leaving children before this Will goes into effect, I do hereby give, devise and bequeath the share or portion of my Estate to which, by the terms of this Will such deceased child would have been entitled, if living, to his or her children in being at the time this Will shall go into effect.

SIXTH, I do hereby authorize and empower my Executors hereinafter appointed, to sell, dispose of, convey and convert into money all my real and personal Estate, except such as is hereinbefore specifically given and bequeathed, and to execute acknowledge and deliver any and every deed and instrument in writing necessary or proper in order to sell and convey the said real estate. But I do hereby charge my said Executors to exercise a sound discretion as to the time and manner of said sale and disposition of said real and personal Estate. And I do hereby direct my said Executors to pay over to my said wife the sum of One Thousand Dollars, as in the first section of this instrument provided and directed, from the proceeds of the sales of my real and personal Estate, and to invest safely and to keep safely invested upon ____ the remainder of said proceeds of the sale of my said real and personal Estate, and pay over the interest and income thereof annually, during her natural life, to my said wife Charlotte.

SEVENTH, I do hereby nominated, constitute and appoint my son Charles H. JOHNSON, and my son in law, John K. CHAMBERLAYNE (surname unclear), Executors of this, my Last Will and Testament, and I do hereby revoke all former and other wills by me made.

In witness whereof, I have hereto set my hand and seal at Ithaca, New York, this 28th day of August 1869. Arthur S. JOHNSON. L. S.

The above instrument was at the date thereof signed, sealed, published and declared by the above named Testator, Arthur S. JOHNSON, as and for his Last Will and Testament, in our presence, and in the presence of each of us, and we at the same time, in his presence, and at his request, and in the presence of each other, have hereto signed our names as attesting witnesses to said Last Will and Testament.
Marcus LYON, Ithaca, Tompkins Co., N. Y.
S. W. SMITH, Ithaca, Tompkins Co., N. Y.

I, Arthur S. JOHNSON, of the Village of Ithaca, Tompkins Co., N. Y. being of sound mind and memory do hereby make the following Codicil to my Last Will and Testament made and executed the 28th day of August 1869 - to wit - I give and bequeath to my daughter Louise C. JOHNSON the sum of One Thousand Dollars in addition to the Two Thousand Dollars I have already bequeathed to her, making in all the sum of Three Thousand Dollars to be paid in the same manner and time as the Two Thousand Dollars before mentioned in my Last Will and Testament.
April 7th, 1871, Arthur S. JOHNSON. L.S.

The above Codicil to my Last Will and Testament was at the date thereof signed, sealed, published and declared by the above named Testator Arthur S. JOHNSON as and for a Codicil to his Last Will and Testament in our presence and in the presence of each of us, and we at the same time in his presence and at his request and in the presence of each other have hereto signed our names as attesting witnesses to said Codicil.
H. W. INGERSOLL, Ithaca, Tompkins Co., N. Y.
Ida HORTON, Ithaca, Tompkins Co., N. Y.

I, Arthur S. JOHNSON of Ithaca, Tompkins County, State of New York, being of sound mind and memory do hereby make a second Codicil to my Last Will and Testament made August 28th, 1869, as follows. I give, devise and bequeath to my daughter Louise C. JOHNSON, the sum of Two Thousand Dollars in addition to the sums heretofore given in my Last Will and Codicil to be paid in the same manner and at the same time as the sums heretofore given. In witness whereof, I have hereunto set my hand and seal this 27th day of July 1872.
Arthur S. JOHNSON. L.S.

The above Codicil to my last Will and Testament was at the date thereof signed, sealed, published and declared by the above named Testator, Arthur S. JOHNSON as a Codicil to his Last Will and Testament in our presence and in the presence of each of us and we at the same time in his presence and at his request and in the presence of each other have hereto signed our names as attesting witnesses to said Codicil.
Ida S. HORTON, Ithaca, N. Y.
H. W. INGERSOLL, Ithaca, N. Y.

Tompkins County, SS :
It appearing upon the proofs duly taken in respect to the LAST WILL AND TESTAMENT and Codicils thereto of Arthur S. JOHNSON late of the Town of Ithaca in the County of Tompkins, and State of New York, deceased, that the said Will and Codicils were duly executed, and that the said Arthur S. JOHNSON deceased, at the time he executed the same, was in all respects competent to devise real estate, and not under restraint; the said last Will and Testament and Codicils, and the proofs and examinations relating thereto, are hereinbefore recorded by me, pursuant to the provisions of the Revised Statutes; and I certify that the foregoing is a true record of said last Will and Testament and Codicils and of the original proofs relating thereto.
Dated the 25th Day of October 1875. J. M. McKINNEY, Special Court Judge and Surrogate.
----------------
1850 Census Index, Town of Ithaca, Tompkins County, New York:

JOHNSON, Arthur S. 56 NY lawyer
Charlotte 40 NY
Arthur A. 31 NY
Frances A. 29 NY
Mary J. 19 NY
Charles 17 NY
Frederick 13 NY
George H. 9 NY
Louisa 7 NY

SubjectAuthorDate Posted
clh16 7 Jan 2001 12:00PM GMT 
Lynne Stamm 1 Oct 2006 7:09PM GMT 
Cheryl Hall 2 Oct 2006 1:38AM GMT 
Janet M. Nash 2 Oct 2006 7:09PM GMT 
Lynne Stamm 2 Oct 2006 10:59PM GMT 
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