Benjamin White
Transcribed by Adrienne Condon



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.

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