LAST WILL AND TESTAMENT


Christopher Ellis


April 1, 1855


To Hiram Kinne, Surrogate of the County of Otsego, In the matter of Proving the last 
Will and Testament of Christopher Ellis, Deceased


The Petition of Jonas P. Ellis of Syracuse in Onondaga County, Respectfully Sheweth, 
that Christopher Ellis lately, to wit, on or about the 7th day of April 1855 died at 
Middlefield in said county, having previously duly made and published his last will 
and testament, whereof he did therein and thereby appoint your petitioner the 
Executor that the said Christopher Elis deceased had, whilst living, and at the time 
of his death, goods chattels and credits in said county of Otsego; by means whereof 
your petitioner has been informed and believes the said Surrogate of the said county 
has sole and exclusive power to take the proof of the said last Will and Testament; 
that the following persons are heirs at law and next of kin of the said deceased, to 
wit;--Ferdinand D. Ellis, Hannah Gregory wife of Jonathan Gregory, Clark Ellis all 
residing in Chenango County, Caroline Doolittle wife of Porter Doolittle residing in 
the county of Otsego, Charles G. Ellis residing in Iowa, and Jonas P. Ellis residing 
at Syracuse all of full age, Freeman Ellis, Benjamin Ellis and Henry C. Ellis, minors 
having no general guardian, and your petitioner being desirous that the said Will and 
Testament should be proved, and Letters Testamentary thereon be granted to Jonas P. 
Ellis and Daniel Barney. Your petitioner therefore prays a citation, issuing out of, 
and under the seat of this Honorable Court, requiring the aforesaid heirs at law, and 
next of kin, personally to be and appear when and where this Honorable Court may direct, 
to oppose, or support, as they may see fit, the Probate of the said last Will and 
Testament.  And your petitioner will every pray, &c.


J. P. Ellis


Otsego County, SS. Jonas P. Ellis being duly sworn doth depose and say that the matter 
set forth in the foregoing petition is true, to the best of his knowledge, information 
and belief.


Sworn before me this 17th day J. P. Ellis


of April 1855


Hiram Kinne, Surrogate


Be it remembered that heretofore to wit on the seventeenth day of April one thousand 
eight hundred and fifty five J.P. Ellis one of the Executors named in the last will 
and testament of Christopher Ellis late of the town of Middlefield, Otsego County, 
deceased appeared in open court before the Surrogate of the County of Otsego and made 
application to have the said last will and testament which relates to both real and 
personal estate proved, and on such application the Surrogate did ascertain by 
satisfactory evidence who were the heirs and next of kin of the said testator and their 
respective residences, and some of them appearing to be minors having no general 
guardian residing within the State of New York, a special guardian was appointed in 
due form of law to take care of their interests in the matter of proving the said will 
by an order entered for that purpose by said Surrogate, and said Surrogate did thereupon 
issue a citation in due form of law directed to the heirs and next of kin and Special 
guardian by their respective names and their respective places of residence requiring 
them to appear before said Surrogate at his office in the Village of Cooperstown on the 
sixteenth day of May, then next to attend the probate of said will, and afterwards to 
wit on the said sixteenth day of May satisfactory evidence by affidavit of the service 
of the said citation in the mode prescribed by law was produced and presented to said 
Surrogate, and the subscribing witnesses to said will not being present in Court the 
hearing of the said matter was adjourned until the eighteenth day of May instead, and 
on the said last mentioned day the Surrogate took the proof of the said last will and 
testament and he adjudged the said will to be a valid will of real and personal estate 
and the proofs thereof to be sufficient, which said last will and testament and proofs 
are as follows that is to say



Will


In the name of God Amen, I Christopher Ellis of the town of Milford in the County of 
Otsego and State of New York of the age of sixty nine years being of sound mind and 
disposing mind and memory and understanding do hereby make publish and declare my last 
will and testament in manner and form following.


First - I order and direct that my executors hereinafter named pay all my just debts 
and funeral expenses as soon after my decease as conveniently may be.


Second - I give and devise unto my said Executors hereinafter mentioned and to the 
Survivor of them the farm on which I now reside situate in the town of Milford 
aforesaid and all other lands, tenements, hereditaments and real estate of every name 
of which I may die seized wheresoever situate with the appurtenances, to have and to 
hold the same in trust for the purposes hereinafter mentioned, that is to say, I do 
hereby authorize, empower and direct my said executors and the said survivor of them 
to take actual possession of my said farm and of all the lands and real estate of which 
I may die seized and that they sell the same as soon after my decease as consistently 
can be done and for the best price or prices that they shall be able to obtain for the 
same, to convey the same in fee to the purchaser or purchasers thereof by a good and 
sufficient deed or deeds for that purpose and to give such reasonable credit for a 
portion of the purchase money to be well secured as they may deem reasonable and proper. 
I also give and bequeath unto my said Executors all and singular my house hold 
furniture, farming utentials, stock of cattle and horses and all my personal property 
of every name and kind to be disposed of by them in the course of administration.


Third - I give and bequeath out of the avails of my said real and personal estate 
after payment and satisfaction of all my just debts and funeral charges the following 
legacies to wit: To my son Jonas P. Ellis, his heirs and assigns one thousand dollars. 
To the heirs at law of my son Russell H. Ellis, deceased the sum of one thousand dollars 
to be equally divided between them share and share alike, and I further direct that if 
either of said infant heirs of my deceased son Russell H. Ellis shall die before they 
come into possession of said Legacies and before they have heirs of their natural bodies, 
then the survivors of them shall share the same in manner aforesaid, and in the event 
all of said infant heirs should die without heirs as aforesaid, then I direct that the 
legacies herein above directed to be paid to them shall be paid to my sons and daughter 
above named as legatees share and share alike. To my son Ferdinand D. Ellis, I direct 
that my executors convey the farm on which he now resides, being all that tract or 
parcel of land situate in the town of New Berlin, Chenango County containing two 
hundred and seven acres and a half of land or there abouts, one hundred and twenty 
five acres of which I have a deed in fee and the residue of (which) I hold by a lease 
being the same lands I purchased of John Jeffrey. I value this land at one thousand 
and eight hundred dollars. I direct my said executors or the survivor of them to convey 
these lands to my son Ferdinand upon his paying to them or the survivor of them Eight 
hundred dollars in one year from the date of my decease with the interest from said 
term, and if said Ferdinand D. Ellis neglects or refuses to pay the said sum of eight 
hundred dollars and the interest thereon in one year from my decease then I direct my 
said executors to sell the same for the best price they shall be able to get for the 
same to the purchaser or purchasers thereof by a good and sufficient deed or deeds for 
that purpose and by an assignment of the lease of that portion which I hold by lease 
or by a quit claim deed to the purchaser or purchasers thereof and give a reasonable 
credit for a portion of the purchase money to be well secured, and I further direct 
my said executors to retain out of the moeny for which they sell said farm Eight 
hundred dollars and the interest thereon from the date of my decease and pay the 
residue thereof to my said son Ferdinand D. Ellis or to his heirs or assigns. To my 
son Charles G. Ellis, his heirs or assigns I give and bequeath the sum of Eight 
hundred dollars besides what he has already received and hereby direct my executors 
that they present no claim against my said son Charles G. Ellis as being due from him 
to my estate after my decease. To my daughter Caroline Doolittle, wife of Porter 
Doolittle her heirs and assigns I give and bequeath the sum of Eight hundred dollars 
besides what she has already received which said several legacies shall be paid by 
my said executors as soon as may be after the expiration of one year from my decease.


Fourth - All the rest and residue of my estate after payment of the debts, funeral 
expenses and Legacies aforesaid I give and bequeath to my said sons and daughter above 
named now living and to the heirs at law of my said deceased son Russell H. Ellis to be 
equally divided between them share and share alike so that the children of the said 
Russell H. Ellis deceased shall receive the same amount that their Father would be 
entitled to if living. And if protracted age or from any other unforseen event my 
estate should be diminished so that it would not amount to a sum sufficient to pay 
all my debts, funeral expenses and the legacies aforesaid, then the deficiency is to 
be equally deducted from said several legacies named as aforesaid.


Lastly - I do nominate and appoint my son Jonas P. Ellis and my friend Daniel Barney 
of Milford executors of this my last will and testament and hereby expressly revoke 
all and every former will by me made. In Witness whereof I have hereunto set my hand 
and seal this seventh day of June in the year of our Lord one thousand eight hundred 
and fifty two. Christopher Ellis   L.S.


Signed Sealed published and declared by the testator to be his last will + testament 
in the presence of us who at his request and in his presence and in presence of each 
other have subscribed our names as witnesses. 


Levi Stuart George H. Sweet Norman Bissell, Jr.



Whereas I Christopher Ellis recently of the 
town of Milford but now residing in the town of Middlefield in Otsego County have 
made my last will and testament in writing bearing date the 7th day of June in the 
year of our Lord one thousand eight hundred and fifty two in and by which I have 
given and bequeathed to my executors therein named the whole of my estate real and 
personal and directed them to pay out of the avails of my estate to my son Jonas P. 
Ellis one thousand dollars, to the heirs at Law of my son Russell H. Ellis one 
thousand dollars, to my son Ferdinand D. Ellis in effect one thousand dollars, to 
my son Charles G Ellis eight hundred dollars besides what he has already received 
and to my daughter Caroline Doolittle, wife of Porter Doolittle the sum of Eight 
hundred dollars besides what she has already received. Now therefore I do by this 
my writing which I do hereby declare to be a codicil to my said last will and 
testament and to be taken as a part thereof order and declare that my will is that 
my said Executors pay out of my said estate to my son Jonas P. Ellis Eleven hundred 
dollars, to the heirs at law of my son Russell H. Ellis twelve hundred dollars, to 
my son Ferdinand I direct the clause in my former will to be carried into effect 
except that I will that he is to pay my said executors but seven hundred instead of 
Eight hundred dollars in all other respects the clause to remain as it now does, to 
my daughter Caroline Doolittle, wife of Porter Doolittle Eleven hundred dollars 
besides what she has already received. I also further give devise and bequeath to my 
said daughter Caroline Doolittle one bed bedding and bedstead, my Desk + large Bible, 
Stove and pipe as now standing, two small trunks and all the household furnitue 
+ bedding now with me at said Caroline Doolittles where I am now residing. I also 
give devise and bequest to my son Clark Ellis four hundred Dollars and direct my 
executors aforesaid to pay the same out of my said estate if after paying my debts 
and funeral expenses and there shall be any residue it is to be divided among the 
foregoing legatees equally, if there shall be a deficiency then it is to be deducted 
from the foregoing legacies in proportion to the amount of the legacies. I further 
direct my executors as aforesaid before paying the legacies aforesaid to procure to 
be put up at my grave a good sized Italian Marble grave stone not less than two and 
a half inches thick set in stone block the block to be set upon stones put in 
the earth two or two + a half feet deep the marble to have my name and age inscribed 
on it in raised Letters to cost not less than forty dollars. I also direct that my 
said executors cause the Stone at my late wifes grave to be taken up put in a stone 
block and set the same as I have directed my own to be. I have lost three children 
named Susannah, Silas and Martha. I direct that my said executors procure stones to 
be placed at their graves, one for Susanah to cost ten dollars. The one for Silas 
to cost Six dollers and the one for Martha to cost four dollars I also further direct 
that my said executors cause to be erected around my grave + my wife a good wrought 
iron fence to be made substantial and in a good workman like manner. I have no claims 
against the foregoing legatees except my son Ferdinand. I have a note against him, 
also a claim for the use of the farm on which he now lives for the current year 
terminating on the first day of April next. In Witness whereof I have hereunto set my 
hand and seal this fourth day of November in the year of our Lord one thousand eight 
hundred and fifty four.


Christopher Ellis   L.S.


The above instrument consisting of one sheet was at the date thereof signed sealed 
published and declared by the said Christopher Ellis as and for a codicil to his last 
will and testament in presence of us who at his request and in his presence and in 
the presence of each other have subscribed our names as witnesses thereto.
Levi Stewart residing at Milford Otsego County


Erastus Herrington Middlefield



In the matter of proving the last will and testament of Christopher Ellis deceased 
Otsego County SS.


Levi Stewart, George H. Sweet and Frederick Bissell, Jr. of the town of Milford in 
the County of Otsego being duly sworn and examined before Hiram Kinne Surrogate of 
the County of Otsego do depose and say they were well acquainted with Christopher 
Ellis now deceased that they were present as witnesses and did see the said Christopher 
Ellis subscribe his name at the end of the instrument in writing now produced and 
shown to these deponents bearing date the Seventh day of June in the year one 
thousand eight hundred and fifty two purporting to be the last will and testament 
of the said Christopher Ellis deceased, that the said Christopher Ellis at the time 
of making the said subscription declared the said instrument to be his last will 
and testament and requested these deponents to sign their names as witnesses thereto, 
thereupon these deponents accordingly signed their names as witnesses at the end 
of the said instrument. These deponents futher say that the said Christopher Ellis 
at the time he so executed the said instrument was a Citizen of the United States 
of full age of sound mind and memory in all respects competent to devise real estate 
and not under restraint.

             
Norman Bissell, Jr.


Sworn before me this 18th day of May  1855

Levi Stewart 
Hiram Kinne  Surrogate Geo. H. Sweet

In the matter of proving a codicil Otsego County SS.


to the last will and testament


of Christopher Ellis deceased Levi Stewart of the town of Milford, and Erastus 
Herrington of the town of Middlefield in the County of Otsego being duly sworn and 
examined before Hiram Kinne Surrogate of the County of Otsego do depose and say they 
were well acquainted with Christopher Ellis now deceased that they were present 
as witnesses and did see the said Christopher Ellis subscribe his name at the end 
of the instrument in writing now produced and shown to these deponents bearing date 
the fourth day of November in the year one thousand eight hundred and fifty four 
purporting to be a codicil to the last will and testament of the said Christopher 
Ellis deceased, that the said Christopher Ellis at the time of making the said 
subscription declared the said instrument to be his last will and testament, and 
requested these deponents to sign their names as witnesses thereto thereupon these 
deponents accordingly signed their names as witnesses at the end of the said instrument, 
these deponents further say that the said Christopher Ellis at the time he so 
executed the said instrument was a Citizen of the United Sates of full age of sound 
mind and memory in all respects competent to devise real estate and not under restraint.


 Levi Stewart


Sworn before me the 18th day of May 1855.


Erastus Herrington, Hiram Kinne Surrogate



Otsego County SS. It appearing from the proofs duly taken in respect to the last will 
and testament of Christopher Ellis late of the town of Middlefield deceased that the 
said will was duly executed + that the said Christopher Ellis 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 the proofs and examinations are hereby recorded 
signed and certified by me pursuant to the provisions of the Revised Statute this 
Eighteenth day of May in the year one thousand eight hundred and fifty five.


Hiram Kinne Surrogate


~~~~~~~~~~~~~~~~~~~~~


To Daniel Barney of the Town of Milford Otsego County + State of New York


Sir


We the undersigned Legatees and heirs at Law of Christopher Ellis late of the town 
of Milford aforesaid deceased do hereby request and call upon you to qualify and act 
as an executor of the said Christopher Ellis deceased as by appointment in his last 
will and testament named.


May 28th 1855 


Respectfully Yours


Ferdinand D. Ellis

Caroline Doolittle

Clark Ellis

 

Dear Brother If you wish to have Mr. Barney act as executor sign your name under mine 
above you can do Just as you think best but I think it will give better satisfaction 
and also Clark if he wishes to send this same paper back to Mr. Barney so he can get 
it this week.



New Berlin, May 30, 1855


Mr. Barney Sir I want to no of you wether the will is proved or not wright of the 
perticilars about it. I want to know wether Jonas is here or not. 


Yours with Respect

   
Ferdinand D. Ellis  

                                                                      

Source: Chuck Spence, 893 Nowlan Road, Port Crane, New York 13833, copied this will 
for me from Will Book 10-103, dated May 18, 1855, Otsego County Surrogate's Office, 
Cooperstown, New York, on January 23, 1997.

 



Contributed by: Jayne Szaz