Will of Benjamin White



Proofs for and Will of Benjamin White of Westford, Otsego County, NY; 
Volume 3, p 338-344

Surnames: Bown[e], Gillet [Gillete?], Griffen [Griffin?], Heart 
[Hart?], Hoag, Jewel, Jones, Kline, Osborn[e], Shepis (spelling 
unclear), Shove, Swift, and White

Transcribed by Adrienne Condon from SAMPUBCO photocopy, May 23, 2007

Submitted by Adrienne Condon (acondon@cas.usf.edu)
*********************************************
Copyright. All rights reserved.
http://www.rootsweb.com/~usgenweb/copyright.htm

Proofs for the Last Will and Testament of Benjamin White

Westford, Otsego County, New York       Vol. 3, pp. 338-340

State of New York
Otsego County SS [Sworn Statement]
Be it Remembered that at a Surrogate Court held at the Surrogate 
office in the village of Cooperstown in & for the County of Otsego on 
the eighth day of September in the year of our Lord one thousand 
eight hundred and thirty eight before Geo A. Starkweather Surrogate 
of the said County the last will and Testament of Benjamin White late 
of the said County deceased  a copy whereof is hereunto annexed was 
duly admitted to proof as & for the last will and Testament of the 
Real and Personal Estate of the said Benjamin White deceased after a 
Citation to the heirs widow and next of kin of the said deceased 
issued sworn delivered and filed according to law whereupon at the 
place and on the day aforesaid the following Witnesses after having 
been duly sworn by the said surrogate testified as follows

In the matter of proving
the Last Will & Testament     }

of Benjamin White deceased  }   Otsego County SS [Sworn Statement] 

Be it Remembered that on this eighth day of September in the year of 
our Lord one thousand eight hundred and thirty eight before Geo A 
Starkweather Surrogate of the County of Otsego personally appeared 
Paschal A Jewel who being by the said Surrogate duly sworn and 
examined doth depose and say that this deponent was well acquainted 
with Benjamin White deceased that he was present as a Witness and did 
see the said Benjamin White deceased subscribe at the end thereof the 
instrument now produced and shown to this deponent purporting to be 
the last will and Testament of the said Benjamin White deceased 
bearing date the twenty third day of May in the year of our Lord one 
thousand eight hundred and thirty three that such subscription was 
made by the said Testator in the presence of this deponent that the 
said Testator at the same time declared the instrument so subscribed 
by him to be his last will and Testament whereupon this deponent 
signed his name at the end thereof at the request of the said 
Testator that the said Testator at the time of executing and 
publishing the said last will and Testament  was of full age of sound 
mind & memory and not under any restraint
Sworn and subscribed before			Paschal A Jewel [signature]
me this 8th day of Sept 1838
	Geo A Starkweather  [signature]
		Surrogate 

In the matter of proving the
Last will and Testament of} 
Benjamin White deceased } Otsego County SS  [Sworn Statement]
	Be it Remembered  that on this eighth day of September in the 
year of our Lord one thousand eight hundred and thirty eight before 
Geo A Starkweather Surrogate of the County of Otsego personally 
appeared Samuel L Bown [Bowne?] who being by the said Surrogate duly 
affirmed &  examined by the same Surrogate doth say this deponent was 
well acquainted with Benjamin White deceased that he was present as a 
Witness and did see the said Benjamin White deceased subscribe at the 
end thereof the instrument now produced and shown to this deponent 
purporting to be the last Will and Testament of the said Benjamin 
White deceased bearing date the twenty third day of May in the year 
of our Lord one thousand eight hundred and thirty three that such 
subscription was made by the same Testator in the presence of this 
deponent that the said Testator at the same time declared the 
instrument so subscribed by him to be his last will and Testament 
whereupon this deponent signed his name at the end thereof at the 
request of the said Testator that the said Testator at the time of 
executing and publishing the said last will and Testament was of full 
age of sound mind and memory and not under any restraint and this 
deponent saith he wrote the last will and Testament of the said 
deceased that after the same was executed by the said Benjamin White 
it was retained by him  the said Benjamin [White] and this deponent 
saith that he saw Cordelia Bowne [Bown?] who is the wife of the 
deponent sign her name to said Will as a Witness that she signed the 
same at the request of the Testator and in his presence and in the 
presence of the other two witnesses that said Cordelia resides in 
Cooperstown an is indisposed and unable to attend as a Witness
Affirmed & subscribed before}
me this 8th day of Sept 1838  }			Samuel L Bowne   [signature]
	Geo A Starkweather  [signature]
		Surrogate


In the matter of proving
the last Will & Testament
of Benjamin White deceased   Otsego County SS [Sworn Statement]
	Isaac Hoag being affirmed saith that he received the last 
will and Testament of the said Benjamin White from Chloe White the 
widow of the said Benjamin White now deceased that he had the same in 
his possision [sic.] until he presented said will for probate
Affirmed & subscribed before
me this 8th day of Sept 1838   
	Geo A Starkweather     [signature]
		Surrogate
Whereupon the Surrogate upon the people aforesaid being satisfied of 
the ginunness [sic.] and validity of the said will do therefore order 
that the same be admitted to proof as & for the last Will and 
Testament of the Real & Personal Estate of the said Benjamin White 
deceased and that letters testamentary sworn hereunto Isaac Hoag and 
Edward Shove the Executors in said will named on their taking & 
subscribing the oath of office prescribed [sic.] by law In 
		     testimony whereof we have caused the seal of 
office of our said surrogate  to 

L.S. 	     	     be hereunto affixed Witness Geo A Starkweather 
Surrogate of the said county 

[ Locus Sigilli,     the day and year first above written
the place of seal]		     		Geo A Starkweather  [signature] 
					

Will of Benjamin White 
Westford, Otsego County, New York    Volume 3, pp. 341-344

State of New York, Otsego County SS [Sworn Statement]

	I Benjamin White of the town of Westford in said county by 
this my last Will and Testament devise unto my son Peter White all 
and singular that farm or parcel of land commonly called the Peter 
Kline Farm and being the same farm upon which I now reside excepting 
and reserving there from the pieces or parcels herein after devised 
to others hereby exprusly [sic.] reserving to myself and my wife the 
full possion [sic.] and enjoyment of the same with the unto issues 
and profits thereof during our natural lives and he lives of each of 
us I devise unto my son John White all that farm or parcel of land 
commonly called the Gillet [Gillette?] Farm and the same that I 
purchased of Abrm C. Gillet excepting and reserving such pieces and 
parcel of the same as have been heretofore by me contracted to others 
and hereinafter devised to others hereby expressly reserving to 
myself the full possion [sic.] and enjoyment of the same during my 
natural life. I devise and unto my beloved wife Chloe White the full 
possession and enjoyment of the farm above divised unto my son Peter 
during her natural life or so long as she shall remain my widow and I 
hereby direct that she receive the same in lieu of all her dower and 
third rights or be barred from holding under this devise  I further 
devise unto my daughter Elisa [Eliza] Jones the posseion [sic.] and 
full enjoyment of all that certain pieces or parcel of land supposed 
to contain nearly three acres be the same more or less being on the 
west side of the Gillet Farm above mentioned as it is now enclosed 
and occupied by her husband Morgan L Jones bounding by the fences and 
corners as they now stand also that certain lot or pasture being wst 
[sic.] and near the Babtist [sic.] Meeting house being part of the 
Peter Kline Farm and the same pasture used and occupied by said 
Morgan L. Jones containing as is supposed five acres of land or 
thereabouts bounding by the fences with which it is now enclose [sic.] 
including a right of way as it is now used by said Jones from 
said parcel of land to the public highway running near said Meeting 
house

And I further devise the above lands or parcels of land after the 
death of my daughter Elisa [Eliza] to her legal heirs equally 
including the two parcels above described with the rights of way and 
no more but no heirs that she may have at her death are to 
participate in this divise excepting the children she now has or may 
hereafter have by her present husband 

I give and bequeath unto my daughter May [Mary] Swift two hundred 
dollars and to be paid to her by my executors as soon as convenient 
after my decease

I give and bequeath unto my daughter Patience Griffen two hundred 
dollars to be paid to her by my executors as soon [as] convenient 
after my decease

I give and bequeath unto my daughter Elisa [Eliza] two good feather 
beds and the customay [sic.] and necessary pillows and bedding to be 
delivered to her after the decease of myself and my wife  I give and 
bequeath unto my wife two cows six sheep one good steady horse my one 
horse wag gon [sic.] and harness and all necessary household 
furniture together with all the farming  utensils now mine during her 
life or so long as she shall remain my widow and after her death I 
bequeath them to my son Peter White  I give and bequeath to my 
daughter [sic.] May [Mary] Swift and Patience Griffen each one fifth 
part of the residue of all my personal goods and effects in money or 
obligations or otherwise to be paid to them as soon as convenient 
after my decease

I also give and bequeath unto my daughter Ruth Osborn one fifth part 
of all the personal goods and effects in money or other wise left and 
not bequeathed previous to the last bequest above in trust for her 
children to be equally divided between as they shall respectively 
arrive at age after my decease to be paid as above by my executor to 
the children or heirs entitled to receive it

I also give and bequeath unto my daughter Sarah Heart [Hart] as in 
the last request mentioned the same propertion [sic.] and for the 
same purposes to be paid in the same manner   I also give and 
bequeath unto my daughter Elisa [Eliza] Jones as in the last two 
bequests mentioned in the same propertions [sic.] for the same 
purposes and to be paid in the same manner excepting I hereby direct 
my executors to loan out in a good and safe manner the amount of 
money above bequeathed as soon as the amount of money shall be 
ascertained and collected upon interest and the interest thereof pay 
to my said daughter Elisa [Eliza] for her own purpose [sic.] use and 
benefit yearly  I hereby explain the bequest made to my son Peter 
White last above made to him to include the farming tools and those 
only and direct that the remainder be embraised [sic.] in bequest 
made subsequent  And I hereby order and direct that in case any one 
or more of the legatees in this will mentioned shall at any time 
after my decease bring make or pursuit [sic.] any demand or claim 
against my estate or shall seek any manner to invalidate this my last 
Will and Testament shall be barred from having and receiving more 
than one half of the sum of money lands or other things to him or her 
bequeathed and that the other one half be equally distributed between 
the others my heirs at law and I hereby direct my executors to carry 
into full force and effect this provision in this my Will and 
testament I hereby appoint Isaac Hoag  Edward Shove and Ephraim H. 
Shepis {? spelling unclear} executors of this my last Will and Testament

Signed Benjamin White  L.S. [Locus Sigilli, the place of seal]

Subscribed and sealed by the said testator at the time thereof in
 the presence of the undersigned attending witnesses the 
said testator at the time of making the said subscription then 
did assing [sic.] the above testament as subscribed to be his 
last will and testament and each of the undersigned attesting 
witnesses there and then signing his name at the end of the 
said will at the request of the said testator this twenty-
third day of 5th month 1883.**
 
 
State of New York}
Otsego County SS}
I certify that the within written instrument was duly admitted to 
proof on the eighth day of September in the year of our Lord 
eighteen hundred thirty eight as & for the last will & 
testament of the real & personal estate of Benjamin White 
deceased In testimony whereof I have hereunto set my hand & 
affixed my seal of office the day & year first above written
 
Geo. A. Starkweather    [signature]
             [Surrogate]
 
**The transposition in the date on the will (1883 for 1838) may 
account for the fact that before Benjamin's will was probated 
all witnesses were called to testify under oath that they had, 
in fact, witnessed his signature. In September Paschal A. 
Jewell and Samuel L. Bowne testified to the authenticity of 
Benjamin White's signature and to the fact that the will was 
signed in their presence. It is an interesting nineteenth-century 
note that Samuel Bowne was permitted to testify on behalf of 
Cordelia (his wife) who was "indisposed" and unable to attend 
the proceedings on 8 September 1838.