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Contributed by Charlott Wells Jones |
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Contributed by Charlott Wells Jones |
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Will of Nelson O. Wendell
Be it remembered that heretofore to wit on the 26th day of
December in the year one thousand eight hundred and sixty-
three, William Wendell , executor named in the last will and
testament of Nelson O. Wendell, late of the town of
Richfield in the county of Otsego deceased, in open court
before the surragate of the county of Otsego and made
application to have the said last will and testament which
relate to both real and personal estate proved and on such
application the surrogate will acertain by satisfactory
evident ence who were the heirs and next of kin of the said
testator and their respective place of residence and said
surrogate did thereupon issue a citation in due form of law
directed the said heirs and next of kin stating their
respective places of residence by their respective names
requiring them to appear before said surrogate at his office
in Cooperstown in said County of Otsego on the 15th day of
Feb then next, to attend the Probate of the said will and
afterwards to wit on the aid 15th day of Feb. Satisfactory
evident by affidavit was produced and presented to said
surrogate of the service of the said citation in the made
(manner ) precribed by law and on that day no one appeared to
oppose the Probate of the said will, such proceeding were
afterwards that the surragte took the proof the same will
hereinafter set forth upon this 22nd day of Feb in the year
one thousand eight hundred and sixty-four, and he adjusted
the will be a valid will of real and personal estate and the
proofs here of to be sufficient, which said last will and
testament and proofs are as follow this is to say: WILL In the name of God Amen, I Nelson O. (Orville) Wendell, of the
town of Winfield, in the county of Herkimer and the state of
New York of the age of twentuy-nine years and being of sound
mind and memory to make, publish and declare this my last
will and testament in manner following this is today First, I give and devise my real estate in the county of
Fillmore, State of Minnesota to my brothers William and
Washington, the executors of this my last will and testament
nominated and appointed in trust for and during the natural
wife of my brother Charles and from and after his decease I
give, bequeath and deed the said real estate to Nelson, male
infant son of my brother James, his heirs and assignees and I
do hereby order and direct that during the continuane of said
real-estate the net income and profits of said estate shall
be the sole property of my said brother Charles as though it
were his in fee: my object being to keep it in one family
and name to keep it from the possession of the Smith's who
live near it. Second: , I give and devise to my brother William my black mare
and cutter and __________ thereunto belonging to my library
and whatever personal property belonging to me may be in his
possession at the date of my decease he paying there from my
just debts. Third: I give, bequeath and desire to my beloved sister Imilda
L. Wendell all equitable or legal right or claim which may
accure to me after the date of this instrument, whether such
right, title or claim shall be to money, land or any
evidence, whatever. Lastly I hereby nominate and appoint my brothers William and
Washington to be the executors of this my last will and
testament - hereby evoking all former wills by me made. In
witnesses there of I have set my hand and seal, this
seventh day of August in the year of our Lord one thousand
eight hundred and sixty-one. Nelson O. Wendell The above instrument consisting of one sheet was at the date
there of was declared to us by N.O. Wendell, the testator
therein mentioned to be his last will and testament and he at
the same time acknowledged to us and each of us that he had
signed and sealed the same and we therein upon at his request
and in his presence and in the prcence of each other signed
our names thereto as attesting withnesses -- S. S. Morgan residing at Winfield, Herkimer County Wm. Z. Ball residing at Winfield, Herkimer County In the matter of proving The last will and testament - Of Otsego County Nelson O. Wendell deceased. S. S. Morgan and William Z. Ball of
the town of Winfield in the county of Herkimer being duly
sworn and examined before E. M. Card, surrogate of the county
of Otsego do depose and say that they were well acquainted
with Nelson O. Wendell now deceased - that they were present
as witnesses and did see Nelson O. Wendell subscribe his name
at the end of the instrument in writing and now produced and
shown to these deponents bearing date of the 7th day of
August in the year one thousand and sixty-one, purporting to
be the last will and testament of the said Nelson O. Wendell,
said instrument to be his last will and testament - and
requested these deponents to sign their names witnesses there
to upon these deponents accordingly signed their names as
witnees at the end of the said instrument. These deponents
further say that the said Nelson O. Wendell at the time he
executed the said instrument was a citzen of the United
States, of full age, of sound mind and memory in all respects
competent to devise real estate and not under retraint. Sworn to me This 22nd day of Feb 1864 S. W. Morgan E. M. Card Wm. Z. Ball Surrogate County of Otsego: It appearing upon the proofs duly taken in
respecf of the last will and testament of Nelson O. Wendell,
late of the town of Richfied and county of Otsego deceased
that the said will was duly executed and that the said
Nelson O. Wendell at the time he executed the same, was in
all respects competent to devise real eatate and not under
restaint. The said last will and testament - and the said
proofs and examinations are hereby recorded, signed and
certified by me persuent to the provisions of the ----------
---- statutes. The 22nd day of Feb in the year of our Lord
one thousand eight hundred and sixty-four. E. M. Card Surrogate **Nelson O. Wendell was the older brother of my great-great
grandmother Imilda Leona (Wendell) Berrian. Captain Nelson
O. Wendell, Co. F. 121st New York Volunteer Infantry was
killed at Salem Church, Virginia on May 3, 1863. **