Last Will and Testament of John Dennis

John Dennis

Be it remembered that I John Dennis of the town of Cambridge County of Washington & State of New York being of sound mind and memory do make this my last Will & Testament in manner and form following-  1st I order all my just debts & funeral charges paid by my executors hereinafter named & appointed also the expense of settling my estate to be paid out of my Estate. 2nd I give and bequeath to my wife Elizabeth all my household furniture to be for her use and at her disposal (except what is hereinafter disposed of) I also give to my wife all the profits of my farm during her life, to be for her use and disposal.   3rd I give and bequeath to my son Wilber J Dennis my desk, gun & all my wearing apparrel.   4th I give and bequeath to my son in law David Burch (Bruch) One hundred dollars within one year from the death of my wife. I order my executors to sell all the remainder of my Estate both real & personal (except the buriel ground in the orchard contained in a fence about thirty feet square and divide the ?(looks like avails) in the following manner among my heirs  To my daughter Susannah Tripp the one fourth part to her & her heirs  To my son Wilber J Dennis, one fourth part to him & his heirs  To my daughter Sarah Jane Burch (Bruch) one fourth part to her & her heirs  To my two grand daughters children of Lydia D Smith , now deceased, namely Mary Elizabeth Smith & Julia Maria Smith the remaining fourth part if either one should be removed by death before arriving at the age of twenty one the survivor shall have the whole & if neither should live to the age of twenty one, my will is that their legacy shall be equally divided between my three children above named -  This legacy to my two grand children I order my son Wilber J Dennis to take charge of & allow them three per cent from one year after the decease of my wife until they arrive at the age of twenty one. Mary Elizabeth Smith her equal share when she arrives at the age of twenty one & Julia Maria Smith when she arrives at the age of twenty one.  I hereby appoint my son Wilber J Dennis & my son in law David Burch (Bruch) my Executors to this my last Will & Testament desiring them to fulfill the same according to the meaning or intention hereof -  In witness whereof I have set my hand and seal this fifth day of first month in the year of Our Lord One Thousand Eight Hundred & fifty four.

John Dennis {seal }

 Signed sealed published & declared by the said John Dennis as and for his last will and Testament in the presence of us who at his request & in his presence & in the presence of each other hereunto set our names as witnesses to the same

Residence

Benjamin Gifford Cambridge
Pardon Tripp Cambridge

County of Washington  Surogates Court  In the Matter of proving the last will & testament of  John Dennis late of Cambridge deceased.  Washington County, ss:  Benjamin Gifford & Pardon Tripp, seperatly of Cambridge in said County, being first duly sworn in open Court seperatly dispose & say that they were acquainted with the above named John Dennis in his life time and that they and each of them were present and saw him subscribe his name at the end of the instrument in writing now produced & exhibited to them reporting to b e the last Will & Testament of said deceased bearing date the fifth day of first month year 1857.  That the said deceased at the time of subscribing his name as aforsaid published & declared the said instrument to be his last Will & Testament, in the presence of the deponents and of each of them & these deponents in the presence of the said deceased and in his presence & in the presence of each other, subscribed their names respectively thereto as witnesses to the Execution thereof this said witness Benjamin Gifford says he has no distinct recollection of seing the said deceased sign his name to the said instrument but does distinctly recollect the said deceased declaring it to be his last Will & Testament & requesting witness to sign the same as a witness.  That as the time of the execution thereof the said deceased was a citizien of the United States, above the age of twenty-one years of sound disposing sound & memory & not under restraint to the best of the knowledge information & belief of these deponents.

Sworn this 9th day of November AD 1857 Benjamin Gifford  before me. Pardon Tripp McFairchild

Surrogate-County of Washington Surrogates Court

I M Fairshild surrogate of the said County do hereby testify the foregoing to b e a correct record of the last Will & Testament of John Dennis, late of Cambridge in said County deceased & of the testimony taken by and before me on proving said Will as a Will of Real & Personel Estate.

Recorded this 9th day of November AD 1857 M Fairchild Surrogate