At a
Surrogates court. held in and for the county of Onondaga, at
the Surrogate's office in the city of Syracuse, on the 22nd day of
April in the year of our Lord one thousand eight hundred and
sixty-one.  Present,  Samuel D. Luce, Surrogate.

In the matter of proving the            }
last will and testament               }
        of                                              }
Ananias Ashby, deceased.                }  Onondaga county. ss. Be it remembered that
heretofore upon the petition of Ebenezer Ashby, one of the executors named in
the last will and testament of Ananias Ashby, late of the town of Camillus in
said county, deceased, for that purpose, to the Surrogate of said county, a
citation was duly isued in this matter,  which citation with the proofs of
service thereof was thereafter duly returned to said Surrogate, and which said
petition, and citation, with the proofs of service thereof. are now on file in
the office of said Surrogate.  And thereupon the last will and testament of
the said Ananias Ashby, deceased, with the proofs thereof, were produced and
are as follows, to wit:
  In the name of God Amen.  I Ananias Ashby of the town of Camillus county of
Onondaga and State of New York . being of sound mind and memory do make
publish and declare this my last will and testament in manner following, that
is to say.
First I give & devise to my wife Esther Ashby all my real estate, land &
hereditaments with the appurtenances thereunto belonging to be held and
enjoyed by her during the period of her widowhood after my decease subject
neverthe less to the charge of maintaining my two daughters Jane Ashby and
Emily Ashby so long as they shall remain single.  It being my intention to
grant to my said wife the property aforesaid for the term of her natural life,
the rents & profits of the same to be used by her for her support &
maintenance & the support & maintenance of my two said daughters Jane and
Emily while they shall remain single and after her death to be disposed of in
the manner hereinafter directed.
Second I give and devise unto my two sons Ebenezer Ashby and Ananias Ashby Jr.
all my said real estate, land tenements and hereditaments to have and to hold
the same & every part thereof,  from and after the period of the death or
marriage of my said wife to themselves & their heirs forever, subject
nevertheless to the payment of a legacy of five hundred Dollars to each of my
children to whom such legacy is hereinafter bequeathed to, wit Sarah Ashby.
Jane Ashby. Emily Ashby and Anthony Ashby making the sum of two thousand
dollars which I hereby charge upon the said land & the same is to be paid as
hereinafter mentioned within the period of fifteen years after the death of my
said wife.  I also give and bequeath unto my two said sons Ebenezer Ashby and
Ananias Ashby Jr all my personal property & effects of every kind whatsoever
which shall remain after the death of my said wife to be held and enjoyed by
them for their own use and benefit forever.  I further direct that in case the
said Jane Ashby and Emily Ashby shall remain unmarried after the death of my
said wife. then the said Jane and Emily shall continue to receive their
support & maintenance from the said property and I hereby direct my two said
sons Ebenezer Ashby & Ananias Ashby Jr to support and maintain the said Jane
and Emily so long as they shall remain single.
Third. I give and bequeath unto my son Anthony Ashby the sum of five hundred
dollars hereinbefore mentioned to be paid to him within fifteen years after
the death of my said wife.  Fourth.  I give and bequeath unto my daughter
Sarah Ashby the sum of five hundred dollars to be paid to her as
hereinaforesaid within fifteen years after the death of my said wife.  Sixth I
give and bequeath unto my daughter Emily Ashby the sum of five hundred dollars
aforesaid to be paid to her within fifteen years after the death of my said
wife.  None of the said Legacies are to draw interest until they become
payable.  And all of them are to be paid by my two sons Ebenezer Ashby and
Ananias Ashby Jr out of the said lands devised to them which is charge as
aforesaid with the payment thereof.  Lastly I do hereby nominated and appoint
my son Ebenezer Ashby. my son Ananias Ashby Jr and my friend Dr. Alexander J.
Dallas executors of this my last will and testament.
  In witness whereof I have hereunto set my hand and seal this 17th day of
November in the year of our Lord one thousand eight hundred and sixty.
 
Ananias Ashby.| L.S. |
  The above instrument consisting of one sheet was at the date thereof signed
sealed published & declared by the said Ananias Ashby as and for his last will
and testament in presence of us who at his request & in his presence & in the
presence of each other have subscribed our names as witnesses thereto.
Cyrus Sweet. residing at Camillus Onondaga Co N.Y.
Alexr. J. Dallas residing at Camillus Onondaga County N.Y.
 

Surrogate court, county of Onondaga     }
In the matter of proving the                  }
last will and testament                     }
        of                                                    }
Ananias Ashby, deceased.                      }  Onondaga county. ss. Cyrus Sweet of the
town of Camillus in the county of Onondaga, being duly sworn and examined,
doth depose and say, that he, this deponent, was well acquainted with Ananias
Ashby, late of the town of Camillus in the county of Onondaga, deceased.  That
this deponent was present as a witness and did see the said Ananias Ashby
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 17th day of November, in the year of our Lord one thousand
eight hundred and sixty.  That the said testator, at the same time, declared
the instrument so subscribed by him, to be his last will and testament.  That
thereupon this deponent and Alexander J. Dallas subscribed their names at the
end thereof, as witnesses thereto, at the request of the testator 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, of sound mind and memory,
not under restraint, and was in all respects competent to make a last will and
testament.
Subscribed and sworn this 22d         }                                                  Cyrus
Sweet
day of April, 1861, before me,          }
S.D. Luce, Surrogate                        }
 

Surrogate court, county of Onondaga     }
In the matter of proving the                  }
last will and testament                     }
        of                                                    }
Ananias Ashby, deceased.                      }  Onondaga county. ss. Alexander J. Dallas of
the town of Camillus in the county of Onondaga, being duly sworn and examined.
doth depose and say. that he, this deponent, was well acquainted with Ananias
Ashby late of the town of Camillus in the county of Onondaga, deceased.  That
this deponent was present as a witness and did see the said Ananias Ashby
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 17th day of November, in the year of our Lord one thousand
eight hundred and sixty.  That he the said testator, at the same time,
declared the instrument so subscribed by him, to be his last will and
testament.  That thereupon this deponent and Cyrus Sweet subscribed their
names at the end thereof, as witnesses thereto, at the request of the testator
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, of sound mind
and memory, not under restraint and was in all respects competent to make a
last will and testament.
subscribed and sworn this 22d         }                                 Alexander J. Dallas
day of April, 1861, before me,          }
S.D. Luce, Surrogate                        }

Onondaga county
Surrogate's Office}  ss. Recorded the preceding last will and testament of
Ananias Ashby, deceased as a will of real and personal estate, together with
the proofs thereof taken and had in the court of the Surrogate of the county
of Onondaga which record is hereby signed and certified by me, pursuant to the
provisions of the Revised Statutes this 22nd day of April, A.D. 1861.
                                                        S. D. Luce, Surrogate

Transcribed by Diane Wilson Flynn
20 April 1998
 

Return to Onondaga County NY Gen-Web page.

23 April 1998