LAST WILL AND TESTAMENT OF CALVIN CORY
To the Surrogate of Onondaga County - the petition of ANNA CORY of the
town of Elbridge in said county herewith: that she is the executrix
named in the last will and testament of CALVIN CORY, late of said town
and county, now deceased; which will is now exhibited to her: that
she has caused citations and notices in the matter of proving said will
to be duly and regularly served on all of the next of kin and heirs of
said deceased, according to law, as will more fully appear by admissions
of such service which your petitioner is now ready to introduce:
she therefore reuests that said will may be admitted to probate and record
as a will of real and personal estate according to law.
Dated Nov. 25th 1835 -
ANNA CORY -
Surrogate Court
In the matter of the will
of CALVIN CORY, deceased
Onondaga County, js: ANNA CORY, of the town of Elbridge, in the county
of Onondaga, being duly sworn deposeth and saith: that CALVIN CORY
then an inhabitant of said town and county, died in said town on or about
the 24th day of September, last past, leaving this deponent his widow him
surviving, and also leaving PHOEBE TESST, the wife of SIDNEY TESST, ELIZA
LEWIS the wife of JAMES G. LEWIS, DAVID CORY, AMASA CORY, JOHN CORY, CAROLINE
CORY, CALVIN CORY, and ABIGAIL ANNE CORY his children and only heirs at
law him surviving all of whom reside in the said town of Elbridge: and
that the said DAVID, AMASA, JOHN, CAROLINE, CALVIN and ABIGAIL ANNE, are
severally minors, under the age of twenty one years; that the said deceased
died a natural death, and left an instrument in writing purporting to be
his last will and testament, hearing date the thirty first day August 1835
- in and by which this deponent is named as sole executrix thereof:
she the!
refore requests that such proceedings may be had as are necessary to
have said will admitted to probate & record as a will of real and personal
estate -
ANNA CORY -
At a Surrogate Court held in and for the
County of Onondaga, at the Surrogate's office in
Manlius in said county, on the third day of
November, 1835: present.
In the matter of proving the will
JOHN FLEMING, Jurr.
of Calvin Cory, deceased
Surrogate -
It satisfactorily appearing to this court that DAVID CORY, AMASA CORY,
JOHN CORY, CAROLINE CORY, CALVIN CORY, and ABIGAIL ANN CORY are next of
kin and heirs at law of CALVIN CORY, late of the town of ELBRIDGE,
in said county of ONONDAGA, deceased; and are minors under the age of twenty
one years. It is therefore ordered that CYRENIUS M. FULLER, of the
town of Elbridge in the said county of Onondaga, be, and he hereby is appointed
guardian ad litem, for the sole purpose of appearing for and taking care
of the interest of said minors in the proceedings of this matter --------------In
testimony whereof said Surrogate has herein to set his hand and affixed
his seal of office.
JOHN FLEMING, Jurr.
Surrogate -
The people of the state of New York: - to the heirs at law and next
of kin to CALVIN CORY, late of the town of Elbridge, in the county
of Onondaga, and State of New York, deceased, greeting: Whereas ANNA
CORY, the executrix named in the last will and testament of the said deceased,
has offered said will for probate before JOHN FLEMING, Jurr., Surrogate
of the county of Onondaga: you are therefore hereby cited to be and
appear before said Surrogate, at a surrogate's court, to be held in and
for said county of Onondaga, at the Surrogate's office in Syracuse, on
Wednesday, the twenty fifth day of November, instant, at ten o'clock in
the forenoon of that day, to attend the probate of said will -
given under the hand and seal of office of said surr-
L.S.
ogate, at Manlius in said county of Onondaga, this third
day of November, A.D. 1835.
John Fleming, Jurr. Surrogate
State of New York
Onondaga Surrogate Court
In the matter of proving the last will and testament
of CALVIN CORY, deceased -
To the heirs at law of,
and next of kin to CALVIN CORY, late of the town of Elbridge, in the
county of Onondaga, and state of New York, deceased : ---------------Notice
is hereby given, that the undersigned; the executrix in the last will and
testament of the said deceased named, intends to apply to the surrogate
of the county of Onondaga; at a Surrogate court to be held at the Surrogate's
office in Syracuse, in said county, on the twenty fifth day of November
instant, at ten o'clock in the forenoon of that day, to have the said last
will and testament of the said decesed duly proved before said Surrogate
as a will of real estate, according to the statute in such case made and
provided, dated this third day of November 1835.
ANNA CORY
I, CYRENIUS M. FULLER, the guardian ad litem for the infant heirs of the above named CALVIN CORY, deceased do hereby acknowledge due and legal service on me of the above notice and the annexed citation. C. M. FULLER
We the subscribers, heirs of CALVIN CORY, deceased, do hereby acknowledge
due and legal service on us of the above notice and the annexed citation.
JAMES G. LEWIS
PHEBE TESST
ELIZA LEWIS
SYDNEY TESST
State of New York
Onondaga Surrogate Court
In the matter of proving the
last will and testament of
CALVIN CORY, deceased
Onondaga County, js: CYRENNIUS M. FULLER of the town of Elbridge
in the County of Onondaga, being duly affirmed and examined doth depose
and say, that he this deponent was well acquainted with CALVIN CORY, late
of the town of Elbridge, in the county of Onondaga, deceased. That
this deponenet was present as a witness and did see the said CALVIN CORY
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
deceased, bearing date the thirty first day of August, in the year of our
Lord one thousand eight hundred and thirty five. That the said testator
at the same time declared the instrument so subscribed by him to be his
last will and testament - That thereupon the deponent and JOHN MALINS and
AMANDA LEWIS subscribed their names at the end thereof as witnesses thereto,
at the request of the testator and in his presence; and that the said testator
at the time of e!
xecuting and publishing the said last will and testament, was of full
age and of sound mind and memory, and not under any restraint.
Sworn this 25th day of November
C. M. FULLER
1835 before me JOHN FLEMING, Jurr. Surrogate
The said CYRENIUS M. FULLER being further examined in relation to said
will, further deposeth and saith; that, at the request of the said CALVIN
CORY, deceased, he this deponent drew said will as and for the last will
and testament of the said deceased, and that immediately after the execution
thereof as above stated, this deponent, at the request of said deceased,
took said will into his possession for safe keeping; and that said instrument
above mentioned and referred to is the same last will and testament of
said deceased; and that it has been altered in no respect whatever since
it came into the possession of deponent as aforesaid.
C.M. FULLER
Sworn this 25th day of November, 1835
before me I. FLEMING Jurr. Surrogate
State of New York
Onondaga Surrogate Court
In the matter of proving the last will and
testament of CALVIN CORY, deceased -
Onondaga County, js: JOHN MALINS of the town of Elbridge, in
the county of Onondaga, being duly sworn and examined, doth depose and
say, that he this deonent was well acquainted with CALVIN CORY, late of
the town of Elbridge, in the county of Onondaga, deceased, that this deponent
was well acquainted present as a witness and did see the said CALVIN CORY
subscribe at the end thereof the instrument now produced and shown to this
deponent purporting to be the last will and testament of said decesed,
bearing date the thirty first day of August, in the year of our Lord one
thousand eight hundred and thirty five ------------That the said testator
at the same time declared the instrument is subscribed by him to be his
last will and testament. That thereupon the deonent and CYRENIUS
M. FULLER and AMANDA LEWIS subscribed their names at the end thereof as
witnesses thereto at the request of the testator and in his presence; and
that the said testator at the time of executing and publishing the said
last will and testament, was of full age and of sound mind and memory and
not under any restraint.
JOHN MALINS
sworn this 35th day of November 1835.
before me J. FLEMING, Jurr. Surrogate.
State of New York
Onondaga Surrogate Court
In the matter of proving the last will
and testament of CALVIN CORY, deceased -
Onondaga County, js.,
AMANDA LEWIS of the town of Elbridge in the county of Onondaga being duly
sworn and examined, doth deose and say, that she this deponent was well
acquainted with CALVIN CORY, late of the town of Elbridge, in the county
of Onondaga, deceased. That this deonent was present as a witness
and did see the said CALVIN CORY 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 deceased, bearing date the thirty first day of
August, in the year of our Lord one thousand eight hundred and thirty five
--------That the said testator at the same time declared the instrument
so subscribed by him to be his last will and testament ----- That thereupon
the deponenet and CYRENIUS M. FULLER, and JOHN MALIUS subscribed their
names at the end thereof as witnesses thereto, at the request of the testator
and in his presence; and that the said testator at the time of executing
and publishing the said last will and testament, was of full age, and of
sound mind and memory, and not under any restraint -
sworn this 25th day of November 1835
AMANDA LEWIS -
before me I. FLEMING, Jurr. Surrogate.
Elbridge. Aug. 28 1835 In the name of God amen I CALVIN CORY being
weak in body but sound in judgement and mind considering the uncertainty
of human life I hereby make my last will & testament. First I
give my body to the grave and my soul to my precious Saviour for safe keeping
- I next direct that after Doctors bill & funeral charges are defrayed
& all my lawful debts are paid, that my beloved wife ANNA shall have
all the household furniture for her own, & the use of one third of
the farm, the two south rooms in the house, one half of the celler &
one half of the chamber & the use of one third of the barn during her
natural life & one third of the corn house. Next that my two
oldest sons DAVID & AMASA have the rest of all my property by fulfiling
the following condition, viz. pay all the debts I owe & collect all
that is due the estate deduct the amount of the debts due together with
the amount of the stock & grain on hand at my decease, (except enough
for the family's us!
e one year) from the amount of debts against the estate & the remainder
is to be paid out of the four sons' portion hereinafter named - Next the
above named oldest sons shall pay to my daughter PHEBE TESST, one hundred
dollars in two years from my decease without interest, & to my daughter
ELIZA LEWIS one hundred dollars in three years from my decease without
interest & the other two daughters CAROLINE, ABIGAIL ANN, one hundred
dollars each as they shall severally become twenty one years of age &
they shall also pay to my other two sons JOHN & CALVIN, three hundred
dollars each as they shall severally become twenty one years of age each
subject to the deduction above named should the debts require. The
children are to have three months schooling in each year till they are
eighteen years old & they are to be brought up by their mother &
their labor is to be hers. I bequeath & give my oldest son DAVID
the right that he holds in a house and lot in Jordan bought of SHELDON
PECK & one hundred dollars more in the farm than AMASA - they are otherwise
to share equally in paying the debts in the farm. I further direct
that my wife's third of the farm at her decease shall become the property
of my four sons equally divided. I hereby appoint my wife ANNA adminstratrix
of this my last will and testament. Done in Elbridge County of Onondaga
State of New York, this thirty first day of August one thousand eight hundred
& thirty five in witness whereof I do in the presence of C.M. FULLER
JOHN MALINS & AMANDA LEWIS set my hand & seal.
C.M. FULLER
CALVIN CORY. L.S.
JOHN MALIUS
AMANDA LEWIS
Onondaga County
Surrogate Office, Js.: I
do hereby certify the preceding to be a record of the proceedings to prove,
and a record of the proof of the execution of the last will and testament
of CALVIN CORY, deceased, and also a record of said last will and testament
of the said CALVIN CORY, deceased. Recorded this twenty fifth day
of November. A.D. 1835, as a will of real and personal estate.
J.Fleming, Jurs, Surrogate
The above was taken from the records at SAMPUBCO, will # F-106.
It was copied exactly as it read.
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28 August 1998
