Will of Asa Thompson
ONONDAGA COUNTY
Will of Asa Thompson, Liber F, Page 200
To the Surrogate of Onondaga County. The Petition of Pardon Thompson of the town of Manlius in said county, sheweth that he is named as sole Executor in the instrument purporting to be the last will and testament of Asa Thompson late of said town and county deceased, bearing date the sixth day of July in the year 1836, that be has caused citations and notices in the matter of proving said will to be duly and regularly served on the widow and each of the next of kin of said deceased according to law, as will more fully appear by affidavit. He further saith that he is desirous of having said will admitted to Probate and to Record as a will of real and personal Estate.
Dated September 1st 1836.
Pardon Thompson
Surrogate Court.
In the matter of the will of Asa Thompson deceased.
Onondaga County, ss: Pardon Thompson of the town of Manlius in said county of Onondaga, being duly sworn, deposeth and saith, that Asa Thompson, then an inhabitant of said town and county, died in said town and county on or about the fourteenth day of July instant, leaving Nancy Thompson his widow him surviving and also leaving this deponent and Harriet Thompson each of the town of Manlius aforesaid, also Emeline Daniels, John Daniels, William Daniels, Allen Daniels and DeWitt Clinton Daniels, children of Lois Daniels deceased, Each of the county of Cayuga, his only next of kin and heirs at law him surviving. Each of whom is of full age except the said Emeline Daniels, John Daniels, William Daniels, Allen Daniels and DeWitt Clinton Daniels, who are respectively under twenty one years of age, that the said deceased died a natural death, and left an instrument in writing purporting to be his last will and testament bearing date the sixth day of July in the year of our Lord eighteen hundred and thirty six, in and by which this deponent is named sole Executor thereof. This deponent further saith that he is desirous to have said instrument proved and recorded as a will of real and personal Estate of the said deceased.
Sworn to July 29th 1836
J. Fleming, Jun. Surrogate
Pardon Thompson
Surrogate Court.
In the matter of proving the will of Asa Thompson deceased.
Onondaga County, ss: It satisfactorily appearing to this court that the within named Emeline Daniels, John Daniels, William Daniels, Allen Daniels and DeWitt Clinton Daniels are minor heirs and next of kin of the within named Asa Thompson deceased. It is therefore ordered that John Daniels, the father of said minors be and he hereby is appointed guardian ad litem for the sole purpose of appearing for and taking care of the interests of said minors in the proceedings of this matter.
L.S. In testimony whereof, said Surrogate has hereunto scs(?) his hand and affixed his seal of office.
J. Fleming, Jun. Surrogate
The people of the State of New York. To the widow, heirs at law and next of kin to Asa Thompson late of the town of Manlius in the county of Onondaga, and State of New York, deceased. Meeting(?) whereas Pardon Thompson the Executor named in the last will and testament of the said deceased here offered said will for probate before John Fleming, Jun. Surrogate of the county of Onondaga. You are therefore hereby cited to be and appear before said Surrogate at a Surrogates Court to be held in and for said county of Onondaga at the Surrogates office in Manlius on Thursday the first day of September next at ten o'clock in the forenoon of that day to attend the Probate of said will.
L.S. Given under the hand and seal of office of said Surrogate at Manlius in said county of Onondaga, this 29th day of July A. D. 1836.
John Fleming, Jun. Surrogate
State of New York
Onondaga Surrogate Court
In the matter of proving the last will and testament of Asa Thompson deceased.
To the heirs at law of and next of kin to Asa Thompson late of the town of Manlius in the county of Onondaga and State of New York deceased. Notice is hereby given that the undersigned the executor in the last will and testament of the said deceased named unto me(?) to apply to the Surrogate of the county of Onondaga at a Surrogate court to be held at the Surrogate's office in Manlius in said county on the first day of September next at ten o'clock in the forenoon of that day to have the said last will and testament of the said deceased duly proved before said Surrogate as a will of real estate according to the Statute in such case made and provided. Dated this 29th day of July 1836
Pardon Thompson
Onondaga County, ss: Pardon Thompson being duly sworn deposeth that he did on the 30th day of July last past duly and personally serve John Daniels with the within notice and the annexed citation by delivering to and leaving with him five copies of each at his residence in Cayuga County and that the said John Daniels is the guardian ad litem for each of the infant heirs of the within named deceased, also that he did in like manner in all respects on the 4th day of August now last past, serve said citation of notice on Nancy Thompson and Harriet Thompson.
Sworn to this 1st September 1836.
J. Fleming, Jun. Surrogate
Pardon Thompson
Surrogate Court
In the matter of the will of Asa Thompson deceased.
Onondaga County, ss: Pardon Thompson of the town of Manlius in said county, being duly sworn, deposeth, that since the death of the said Asa Thompson, this deponent found the instrument now presented for Probate, purporting to be the last will and testament of said deceased, bearing date the 6th day of July last past, in a trunk of the deceased with other papers, where the deceased usually kept his papers and that said instrument has been altered in no respect whatever since it came into the possession of Deponent.
Sworn to this 1st September 1836.
J. Fleming, Jun. Surrogate
Pardon Thompson
State of New York
Onondaga Surrogate Court
In the matter of proving the last will and testament of Asa Thompson deceased.
Onondaga County, ss: Elisha Mabie of the town of Manlius in the county of Onondaga, being duly sworn and examined doth depose and say that he this deponent was well acquainted with Asa Thompson late of the town of Manlius in the county of Onondaga, deceased. That this deponent was present as a witness and did see the said Asa Thompson 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 sixth day of July in the year of our Lord one thousand eight hundred and thirty six. That the said testator at the same time declared the instrument so subscribed by him to be the last will and testament. That thereupon the deponent and Elisha Raymond, Jr. and John Bender 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, not under any restraint, and was in all respects competent to make a last will and testament.
Sworn this 1st day of September 1836 before me. John Fleming, Jun. Surrogate
Elisha Mabie
State of New York
Onondaga Surrogate Court
In the matter of proving the last will and testament of Asa Thompson deceased.
Onondaga County, ss: Elisha Raymond Jr. of the town of Manlius in the county of Onondaga, being duly sworn and examined doth depose and say that he this deponent was well acquainted with Asa Thompson late of the town of Manlius in the county of Onondaga deceased. That this deponent was present as a witness and did see the said Asa Thompson 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 sixth day of July in the year of our Lord one thousand eight hundred and thirty six. 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 Elisha Mabie and John Bender 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, not under any restraint, and was in all respects competent to make a last will and testament.
Sworn this 1st day of September 1836 before me. John Fleming, Jun. Surrogate
Elisha Raymond Jr.
State of New York
Onondaga Surrogate Court
In the matter of proving the last will and testament of Asa Thompson deceased.
Onondaga County, ss: John Bender of the town of Manlius in the county of Onondaga, being duly sworn and examined doth depose and say that he this deponent was well acquainted with Asa Thompson late of the town of Manlius in the county of Onondaga deceased. That this deponent was present as a witness and did see the said Asa Thompson 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 sixth day of July in the year of our Lord one thousand eight hundred and thirty six. 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 Elisha Mabie and Elisha Raymond, Jr 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, not under any restraint, and was in all respects competent to make a last will and testament.
Sworn this 1st day of September 1836 before me. John Fleming, Jun. Surrogate
John Bender
In the name of God, Amen. I, Asa Thompson of the town of Manlius in the county of Onondaga and State of New York, being of sound and disposing mind, 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 Executor herein after named pay all my just debts and funeral charges as soon after my decease as conveniently may be. Second, I give and bequeath unto my son Pardon Thompson, all the demands I have against him and also one fourth of the personal property, goods, chattels and rights in action, which I shall die seized(?) and possessed of, Excepting four notes which I hold against John Daniels, dated January 22, 1836, amounting to two hundred and thirty eight dollars and seventy four cents principal, also excepting three feather beds and bedding for the same, also excepting one red and white cow and one yearling red heifer. Third, I give, bequeath and devise unto my daughter, Harriet Thompson the lot and buildings thereon which I lately purchased of Erastus Upham situated in Hartsville in said town of Manlius, her heirs and assigns forever, also three feather beds, and bedding sufficient for the same, one red and white cow, and one yearling red heifer, also three fourths of all the other personal property and estate I shall own and be possessed of at the time of my death, Excepting the aforesaid notes I hold against John Daniels. Fourth, I give and bequeath to my five grand children, Emeline Daniels, John Daniels, William Daniels, Allen Daniels and DeWitt Clinton Daniels, children of John Daniels by his wife Lois my daughter who is now dead, fifty dollars each to be paid by my executor hereinafter named, on their respectively arriving at the age of twenty one years out of the following personal estate to wit the before mentioned four notes I hold against the said John Daniels father of my said five grand children and if the amount of said four notes is not sufficient to pay my said five grand children fifty dollars each on each ones arriving to the age twenty one years then it is my will and desire that such be paid by my executor herein after named out of my other personal estate. But it is expressly my will that if the aforesaid notes are not paid by said John Daniels or collected of him, the aforesaid legacies to my said five grand children is not to be paid out of my other estate either real or personal. Fifth, I do hereby nominate and appoint my son Pardon Thompson sole executor 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 the sixth day of July AD 1836.
Signed, sealed, published and declared by the testator to be his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.
Elisha Mabie of the town of Manlius County of Onondaga State of New York
Elisha Raymond Jr. of the same place
John Bender of the same place
Onondaga County Surrogate Office ss:
I do hereby declare the preceding to be a Record of the proceeding to prove and a record of the proof of the execution of the last will and testament of Asa Thompson deceased and to be a Record of said last will and testament of the said Asa Thompson deceased. Recorded this 1st day of September AD 1836 as a will of real and personal estate.
J. Fleming, Jun. Surrogate
(Transcribed by Charles K. Henrikson, great great great grandson of
Asa Thompson, from a copy of the original handwritten will obtained from
SAMPUBCO, PO Box 11874, Salt Lake City, UT 84147-0874. See http://www.wasatch.com/~dsam/sampubco/index.htm
for information about obtaining copies of wills. For more information about
the people mentioned in the will contact Chuck Henrikson at [email protected]
)
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17 January
1998