Will, Codicil and Proof - Ebenezer Wright of Cambridge
Washington Co., NY Wills, Vol. J, p. 152
Will Written: 7 Sep 1848
Codicil Written: 19 Jan 1860
Proven: 29 Jun 1863
I, Ebenezer Wright, of the town of Cambridge in the County of Washington and
State of New York, being of sound and disposing mind, memory and understanding,
do hereby
make and declare this to be my last Will and Testament, as follows to wit
First, I will and direct that all my just and legal debts and funeral charges
be paid by my executors hereinafter named.
Second - I give and devise unto my son William and my daughters Delia, Amanda
and Julia, and to their heirs and assigns, share and share alike subject to the
legal claim of
my wife, Clarissa, Thirty acres of land with the buildings thereon being the
north part of the farm on which I now reside.
Third - I do hereby authorize my Executors to sell and dispose of the south
part of the farm on which I now reside if the same shall not be sold in my life
time and make good and legal conveyance or conveyances of the same as soon
after my decease as a prudent and proper sale can be made thereof which said
part of my farm was conveyed by Deed by myself and wife bearing date December
fourteenth one thousand eight hundred thirty eight to my son, Abraham Wright,
in trust for himself and his brothers Gilbert, John, Stephen and Ebenezer
Junior and to my daughter Mary A___, the wife of Nicholas Smith and to their
heirs and assigns forever which said South part of my said farm is supposed to
contain about forty six acres and is in said Deed particularly described, and
also I do hereby authorize my executors to sell and dispose of all my personal
estate and from the avails of the said South part of my said farm and from the
personal estate pay over to each of my sons Abraham, Gilbert, John, Stephen and
Ebenezer and to my daughter Mary A___, the wife of Nicholas Smith, or to their
heirs and assigns, the sum of five hundred dollars.
Fourth: I give to each of my children William and Julia, our bed and bedding of
the value of sixteen dollars.
Fifth - It is my will and desire and I do hereby direct that if after a prudent
and proper sale of all my real and personal estate any thing shall remain after
deducting all payments and advances made by my executors and all the costs and
charges of the execution of this my will, that the same be equally divided
among all my children or their heirs and assigns, share and share alike.
Sixth - I do hereby also direct and declare that all or any sum or sums which I
have or shall hereafter pay to any of my said children or heirs which shall be
charged by me on book or any memorandum I may leave in writing in which I shall
state that I have paid or advanced to either of them any sum of money or any
note held by me against any such heir or any receipt from such heir for money
or other property that any such amounts, notes, memorandums or receipts shall
be charged by my executors against such child or heir on account of the legacy
or claim given to such child or heir by this my will.
Seventh. I do hereby nominate and appoint my son
Abraham Wright, my son John Wright, and my friend Sidney Wells, Executors of
this my last Will and Testament. In witness hereof I have hereunto set my hand
and seal this seventh day of September in the year of our Lord one thousand
eight hundred and forty eight.
Ebenezer Wright (L.S.)
The above instrument was at the date thereof declared to us by the Testator,
Ebenezer Wright, to be his last Will and Testament and be acknowledged to each
of us that he had subscribed the same and we at his request sign our names
hereto as attesting witnesses.
David Pratt, residing in Cambridge, Washington County, State of New York
Isaac Deuel, residing in Cambridge, Washington County State of New York
CODICIL
Whereas I, Ebenezer Wright, of the town of Cambridge, county of Washington and
State of New York, have made my last Will and Testament in writing bearing date
September seventh one thousand eight hundred and forty eight. Now I do by this
writing which I hereby declare to be my codicil to my said last will and
Testament to be taken as a part thereof order and declare my will as follows
First. I give and bequeath unto my son William W. Wright, the sum of six
dollars worth in bedding out of my beds and bedding and I also give and
bequeath unto my daughter Julia M. Wright the sum of sixteen dollars worth of
beds and bedding. In as much as my son William having received ten dollars
worth in bedding furniture before this date and whereas my daughter Julia M.
has not received any what I intended as expressed in my last will and testament
is that each shall in the final settlement of my estate receive what is
mentioned therein and no more.
Second - I give and bequeath unto my beloved wife, Clarissa, all the rest,
residual and remainder of my household furniture, beds and bedding whatsoever.
Third - I do hereby nominate and appoint my son William W. Wright sole executor
of this my last will and testament in lieu of those mentioned in my last will
and testament to which this codicil is annexed.
And lastly, it is my desire this codicil be annexed to and made apart of my
last will and testament as aforesaid to all interests and purposes. In witness whereof I have herein to set my hand and seal this 19th
day of January in the year of our Lord one thousand eight hundred and sixty as
and for a codicil.
Ebenezer Wright (L.S.)
The above instrument was signed, sealed, published and declared by the said
Ebenezer Wright as aforesaid as and for a codicil to his last will and testament
in presence of each of us.
Isaac Deuel,
The words "one thousand eight hundred" interlined before the signing
and sealing of the codicil.
Surrogate Court
Washington County
In the matter of proving
the last Will and Testament
of Ebenezer Wright Deceased
Washington County, ss:
David Pratt, of the town of Cambridge in said county, being first duly sworn in
open court deposes and says that he was acquainted with the above named
Ebenezer Wright in his lifetime and that he and Isaac Deuel, whose name also
appears as a subscribing witness to the will of said deceased, and each of them
were present and saw him subscribe his name at the end of the instrument in
writing now produced and exhibited to him purporting to be the last Will and
Testament of the said deceased bearing date the seventh day of September A.D.
one thousand eight hundred and forty eight. That the said deceased at the time
of subscribing his name as aforesaid published and declared the said instrument
to be his last Will and Testament in the presence of the deposed and the said
Isaac Deuel and of each of them; and this deponent and said Isaac Deuel at the
request of the said deceased and in his presence and in the presence of each
other subscribed their names respectively thereto as witnesses to the execution
thereof. That said Isaac Deuel, the other subscribing witness to the said Will,
is now deceased.
That at the time of the execution thereof the said deceased was a citizen of the
United States, above the age of twenty one years, of sound disposing mind and
memory and not under restraint to the best of the knowledge, information, and
belief of this deponent.
Subscribed and sworn to
before me this 29th day David Pratt
of June A.D. 1863
U. G. Paris, Surrogate
Surrogate Court
Washington County
In the matter of proving a codicil
to the last Will and Testament
of Ebenezer Wright, Deceased
Washington County, ss:
Israel Keach of Clifton Park, Saratoga Co., N.Y.,
being first duly sworn in open Court, deposes and says that he was acquainted
with the above named Ebenezer Wright in his life time and that he and Isaac
Deuel, whose name also appears as a subscribing witness to the instrument
hereinafter named, and each of them were present and saw him subscribe his name
at the end of the instrument in writing now produced and exhibited to him
purporting to be a codicil to the last Will and testament of the said deceased
bearing date the ninteenth day of January A.D. one
thousand eight hundred and sixty. That the said deceased at the time of
subscribing his name as aforesaid published and declared this said instrument
to be a codicil to his last Will and Testament in the presence of this deponent
and said Isaac Deuel and of each of them and this deponent and said Isaac Deuel
at the request of the said deceased and in his presence and in the presence of
each other subscribed their names respectively thereto as witness to the
execution thereof. That said Isaac Deuel is now deceased. That at the time of
the execution thereof the said deceased was a citizen of the United States,
above the age of twenty one years, of sound disposing mind and memory and not
under restraint to the best of the knowledge, information and belief of this
deponent.
Subscribed and sworn to
before me this 29th day Israel Keach
of June A.D. 1868
U. G. Paris, Surrogate
Washington County
Surrogates Office, ss
I. U. G. Paris, Surrogate of said County, do hereby certify the foregoing to be
a correct record of the last Will and Testament of Ebenezer WrIght,
late of Cambridge, deceased and of the Codicil thereto attached and of the
Testimony taken by and before me on proving said Will as a Will of real and
personal estate.
Recorded June 29th 1863
U. G. Paris