Liber E, page 78
ISAAC DLAMATTER, of the town of Pompey and County of Onondaga – Debts
and funeral expenses are to be paid out of my personal property and in
case of a deficiency my executors are authorized and empowered to sell
so much of my real estate as may be needed for that purpose; to wife, Hannah,
the use and occupation of one-third of my real estate during her natural
life and also one-half of my household furniture excepting my large, gilt
looking glass which my daughter, Maria is to have; daughter, Maria, is
to have the other one-half of my household furniture; remainder after the
death of my wife is to be equally divided among my heirs; executors are
to sell real estate (reserving the one-third to my wife, Hannah); to each
of the male heirs of John Dlamatter, deceased, the sum of two hundred dollars
and to each of the female heirs of the said John Dlamatter, five dollars;
to son, Stephen Dlamatter, the farm he is now in possession and occupancy
of in the town of Sullivan and the sum of one hundred dollars; to Isaac
Dlamatter, the third son of Stephen Dlamatter, the sum of one hundred and
fifty dollars; to Elizabeth Dlamatter, the daughter of Stephen Dlamatter,
the sum of one hundred and fifty dollars; to my son, Abraham Dlamatter,
the sum of one hundred dollars; to the two male heirs of Nathan Dlamatter,
my son, four hundred and fifty dollars each and to the daughter of the
said Nathan, the sun of two hundred dollars; to my son, Isaac Dlamatter,
the sum of one hundred and fifty dollars; to my daughter, Maria Denison,
one half of all my household furniture to be taken by her after my said
wife, Hannah, shall have selected her part, my large, gilt looking glass
and the sum of two hundred dollars in cash; to my son, Alson Dlamatter,
the sum of one hundred dollars.
Executors – Nathan Williams and Samuel L. Edwards
Written – 24 June 1829
Witnesses – Jos. Smith, Caleb B. Merrill, Joel B. Hibbard
Proven – 25 October 1830
Affidavits of proof found on pages 78 through 97 in Will Liber E
Page 79 – Anson H. Taylor, of the town of Pompey in the county of Onondaga,
being duly sworn, maketh oath and saith that he did, on the second day
of September, last, serve the notice thereto annexed to Daniel Merrill,
the guardian of Sally Merrill; Stephen Dlamatter, Maryette Dlamatter, John
Dlamatter and Louisa Dlamatter; Caroline Dlamatter; Edmund Merrill, who
was the husband of Matilda Merrill, deceased, the daughter of John Dlamatter
deceased, and the said Merrill is also the guardian of Charles Buell.
On the third day of September aforesaid he served notice on Abraham Dlamatter;
widow, Hannah Dlamatter; Maria Dlamatter and Zebediah Huggins, the guardian
for Chandler Dlamatter. On the twentieth of September aforesaid he
served notice on Isaac Dlamatter, deceased, and the said Denison is also
guardian for Henry D. Denison. All the aforementioned persons are
heirs at law of Isaac Dlamatter, except Isaac Dlamatter 2nd and Elizabeth
Dlamatter.
Signed – Anson H. Taylor
Dated – 22 October 1830
Page 80 – Samuel L. Edwards of Manlius in said county, being sworn,
says that he was present at the execution of the last will and testament
of the said deceased, bearing date the 24th day of June 1829, that the
same was delivered to this deponent by the said Isaac Dlamatter as soon
as executed to be safely kept till after his death, that the said will
was kept safe and securely by this deponent until after the death of said
Isaac Dlamatter and that the same now produced to this court is the same
instrument so delivered to this deponent and is in the same condition,
not having been in any respect altered, that said Isaac Dlamatter died
in March last, in the town of Pompey, a natural death and was an inhabitant
of said county at the time of his death, that deponent was well acquainted
with Isaac Dlamatter in his life time.
Signed – Saml. L. Edwards
Dated – 23 October 1830
Page 80 – Joseph Smith, of Manlius in said county, being sworn, deposeth
and saith that he knew Isaac Dlamatter, late of Pompey, deceased, that
he had been acquainted with him about twenty years before his death, that
he either saw the said Isaac Dlamatter execute or heard him acknowledge
that he executed the instrument now produced and shown to witness (and
which he can not now remember) which instrument purporting to be the last
will and testament of said Isaac Dlamatter, deceased, bearing date of twenty-fourth
day of June in the year one thousand eight hundred and twenty-nine.
That Isaac Dlamatter requested this deponent to subscribe the said instrument
as a witness, that deponent did thereupon subscribe the said instrument
as a witness in the presence of said Isaac Dlamatter, that said Isaac declared
the said instrument to be his last will and testament, that said Isaac
Dlamatter, at the time of the execution of said instrument, aforesaid,
was of sound mind and memory. This deponent further saith that said
Isaac, at the time thereof, was about the age of seventy, was a farmer
by occupation and had been, during the time of this deponents acquaintance
with him, an active business man, that he never dealt with deponent otherwise
than in small trade in deponents store, that the said Isaac had been a
partner in merchandise with his son, that he had also followed the business
of purchasing and driving cattle to market. Deponent had been
in the habit of seeing said Isaac three or four times yearly and he never
discovered any alteration in the soundness of the mind of said Isaac, that
deponent subscribed the said instrument in deponents store in the presence
of Samuel L. Edwards and said Isaac Dlamatter and the other subscribing
witnesses that he remembers. Said Isaac at that time declared and
acknowledged said instrument as his last will and testament and that he
does not remember any particular conversation had at the time with said
Isaac. Deponent remembers that on the same day said Isaac Dlamatter
had some difficulty with Azariah Smith in the counting room of the store
of this deponent about a boundary line of a lot of land.
Signed – Jas. Smith
Dated – 22 October 1830
AFFIDAVITS TO BE CONTINUED
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to Onondaga County Court House Records page.
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to Onondaga County NY USGenWeb page.
24 September 1999
