WILL: Elias Church; Rome, Oneida co., NY surname: Church, Avery, Washburne, Marsh, Becker submitted by Melvina Wagner (melvinarhw at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 16,2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 5.6 Kb ************************************************ Source: sampubco.com New York Wills, Book 20, Pages 201 & 202 Written: February 8, 1866 Recorded: September 8, 1869 At a Surrogate's Court, held at the Surrogate's Office in Rome in the County of Oneida, on the sixth day of July A.D. 1869, before Joseph R. Avery, Esq., Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of Elias Church late of the town of Vienna in the county of Oneida deceased, in pursuance of chapter sixth, title first, part second, of the Revised Statutes of the State of New York, and of an Act entitled "An act concerning the Proofs of Wills, Executors and Administrators, Guardians and Wards, and Surrogates' Courts," passed May 16, 1837, and other Acts concerning the same, on the application of Joel V. Church in said Will named Executor Present: T. Avery Sec guar, Evan Marsh being duly sworn and examined in open court, testified that he was well acquainted with Elias Church deceased, and had been for the last 25 years immediately preceeding his death in that he died in the month of December last past, at Vienna in the county of Oneida which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered to be proved, recorded, and admitted to probate as the last Will and Testament of the said Elias Church deceased, on the day the same bears date, the seal having been previously affixed, that this deponent signed the same, at the same time as a subscribing witness, in the presence of the Testator and at his request, and in the presence of V. V. Becker who also at the same time signed the same, as subscribing witness in the presence of the Testator and at his request and in the presence of this deponent, that the said Testator at the time he so signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same, as and for his last Will and Testatment; and this deponent further says that the said Testator at the time he so signed, published and declared the same as aforesaid, was of sound and disposing mind and memory, and of full age and not under restraint and competent to devise real estate. s/ Evan March and thereupon the further signing of said matter was adjourned to the 7the day of September 1869 at 10 oclock A.M. at Rome at which time and place Franklin Washburne being duly sworn and examined in open court, testified that he was well acquainted with V. V. Becker one of the subscribing witnesses to the Will of Elias Church and has seen him write and knows his hand writing and that deponent believes his signature to be genuine to said Will and that said Becker is now dead. s/ F. Washburne The foregoing proofs and examination having been taken before me, the Surrogate aforesaid at the time and place above mentioned, and the depositions of the respective witnesses having been by them respectively subscribed after having been carefully read over to them. I the said Surrogate, being satisfied, upon the said proofs and examinations taken, that the said Will is genuine and valid and was duly executed; and the said Testator at the time of executing the same, was in all respects competent to devise real estate and not under restraint, do therefore allow the said Will to be admitted to probate, as a Will of real and personal estate and the said Will, proofs and examinations to be recorded. Witness, Joesph L. Avery, Surrogate as aforesaid, the 8th day of September 1869. s/ Joseph L. Avery Surrogate I, Elias Church of the town of Vienna, Oneida County & State of New York, do make and publish this my last Will and Testament in the manner following that is to say, 1st After all my debts and my necessary funeral charges are paid I give & bequeath unto my son Joel V. Church all my personal estate of every name and nature whatsoever of which I may die possessed. 2nd I give devise and bequeath unto my said son Joel V. Church all and every my messuage, lands, tenements and real estate with the appurtenances I may die seized and possessed, to have and to hold all and every the said messuage, lands, tenements there ditaments with the appurtenances to him the said Joel V. Church forever. And I do hereby constitute and appoint my said son Joel V. Church sole Executor of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this 8th day of Feburary 1866. s/ Elias Church SS Witnesses: V. V. Becker Evan Marsh The above instrument consisting of one sheet was now here subscribed by Elias Church the testator in the presence of each of us and at the same time declared and published by the testator to be his last Will and Testament and we at his request hereto sign our names hereto as attesting witnesses. V. V. Becker of Camden, Oneida Co., N.Y. Evan Marsh, Vienna, Oneida Co., N.Y. State of New York, Oneida County, SS I Joseph S. Avery Surrogate of the said County do hereby certify the foregoing to be the record of the last Will and Testament of Elias Church deceased and the proofs and examination taken thereon. s/ Joseph S. Avery, Surrogate