Dodge, Laban
At a Surrogates Court held at the Surrogate
Office in Rome in the County of Oneida on
the first day of January A.D. 1849 before
Othniel S. Williams Esq. Surrogate of the
said County for the purpose of proving and
recording the Last Will and Testament of
Laban Dodge late of the Town of New Hartford
in the County of Oneida deceased in pursuance
of Chapter Sixth, Title First, Article First,
Part Second of the Revised Statutes of the
State of New York and of an Act entitled
æAn Act concerning the Proof of Wills, Executors
and Administrators and Guardians and Wards
and Surrogates CourtsÆ passed May 16 1837,
on the application of Russell Blackstone
in said Will named Executor.
Jeremiah Manchester being duly sworn in open
court testified that he was well acquainted
with Laban Dodge deceased and had been for
the last twenty years immediately preceding
his death; that he died in the month of October
last past as deponent believes, at New Hartford,
in the County of Oneida which was his last
place of residence at the time of his death;
that he saw the said Testator sign the paper
here offered to be proved, recorded and admitted
to probate as the Last Will and Testament
of the said deceased on the day the same
bears date (the seal having been previously
affixed) then this deponent signed the same
at the same time as a subscribing witness,
in the presence of the Testator and at his
request and in the presence of David L. Jewett
who also at the same time signed the same
as a subscribing witness in the presence
of the Testator and at
his request and in the presence of this deponent;
that the said Testator at the time he so
signed the same then and there in the presence
of this deponent, and in the presence of
the other subscribing witness published and
declared the same as and for his Last Will
and Testament and this deponent further says
that the said Testator at the time he so
signed, published and declared the same as
aforesaid was of sound and disposing mind
and memory of full age and not under restraint
and capable of devising real and personal
Estate.
Jeremiah Manchester
David L. Jewett being duly sworn and examined
in the open court testified that he was well
acquainted with Laban Dodge deceased and
had been for the last sixteen years immediately
preceding his death; that he died in the
month of October last past of New Hartford
in the County of Oneida which was the last
place of his residence at the time of his
death; that he saw the said Testator sign
the paper here offered to be proved, recorded
and admitted to probate as the Last Will
and Testament of the said deceased on the
day the same bears date (the seal having
been previously affixed) that this deponent
signed the same at the same time as a subscribing
witness in the presence of the Testator and
at his request and in the presence of Jeremiah
Manchester who also at the same time signed
the same as subscribing witness in the presence
of the Testator at his request in the presence
of this deponent; that the said Testator
at the time he so signed the same, then and
there in the presence of this deponent and
in the presence of the other prescribing
witness published and declared the same as
and for his Last Will and Testament and this
deponent further says that the said Testator
at the time he so signed, published and declared
the same as aforesaid was of sound and disposing
mind and memory of full age and not under
restraint and capable of devising real and
personal Estate.
David L. Jewett
The foregoing proofs and examinations and
the depositions of the respective place first
mentioned and the depositions of the respective
witnesses were by them respectively subscribed
after having been carefully read over to
them and I the said Surrogate, being satisfied
upon the said proof taken that the said Will
is genuine and valid and was duly executed;
that the said Testator at the time of executing
the same was in all respects competent to
devise real and personal estate and not under
restraint do therefore allow the said Will
to be admitted to probate as a Will of Real
and Personal Estate and the said Will, Proofs
and Examination to be recorded.
Witness Othniel S. Williams Surrogate aforesaid,
the day and year first aforesaid.
In grateful acknowledgement of the goodness
of my divine benefactors and in humble reliance
upon this guidance and protection, I Laban
Dodge of New Hartford in the County of Oneida
and State of New York, do make and ordain
publish and declare this my Last Will and
Testament hereby revoking all others heretofore
by me made.
To my son Frederick Dodge and to his wife
Ann I give and bequeath the use and benefit
of that part of the Hemmingway Farm so called
which lies on the south side of the road
running through the same, and now in possession
of the said Frederick during their joint
natural lives and during the life of the
survivors and after the decease of the survivors
I give and bequeath the same to their joint
lawful heirs for ever.
To my son Warren Dodge, his heirs and assigns
forever, I give and bequeath the lot of land
I bought of Samuel Fillorton the Executor
of the Estate of Nathaniel Montague deceased
and called the ôMontague Lotö including a
triangular piece of ground adjoining the
same on the South Easterly corner and described
as follows. Beginning in the centre of the
road at the South East corner of said ôMontague
Lotö and runs thence Easterly along the centre
of the road one chain and seven links to
a point opposite to a square cedar path in
a new board fence on the Northerly side of
the road (marked) thence Northerly on said
fence five chains and sixty seven links to
a maple tree, marked, thence Southerly on
the line of the Easterly line of the ôMontague
Lotö passing through to the Dwelling House,
to the place of beginning, Excepting and
reserving therefrom so much of the Burying
Grounds that is now fenced out as lies within
said Montague Lot and is hereinafter more
particularly mentioned and he and his heirs
and assigns are to have the free and uninterrupted
possession of the same immediately after
my decease.
To my wife Mary Dodge I give and bequeath
the sole use and benefit of all my Real Estate
of which I may die possessed (not otherwise
herein disposed of) during her natural life,
in such way that the proceeds or profits
of the same may be at her disposal in any
way she may think proper and after her decease
my will is that said Real Estate shall be
sold by my Executors and after paying all
her debts and funeral charges (together with
a pair of white marble tombstones to be erected
at her grave within three months of her decease)
the proceeds of such Real Estate shall be
added to the money or securities hereinafter
mentioned to be disposed of as the residue
of my Estate.
After the payment of all my debts and funeral
charges together with the expense of a pair
of white marble tombstones to be erected
at my grave within three months of my decease,
I direct that all Mortgages, Notes or money
I may have on hand shall be kept as interest
by my Executors and the income of the same
to be paid to my said wife during her natural
life. I also give and bequeath to her the
use and benefit of all my other personal
property of which I may die possessed and
after her decease all the household furniture
together with her wearing apparel and Side
Saddle of which she may die possessed shall
be equally divided among Amy Pearce the wife
of William Pearce, the three daughters of
Eunice Hurd the deceased wife of Jairus Hurd,
and Sarah Blackstone the wife of Russell
Blackstone.
And I hereby appoint Jairus Hurd as Guardian
or attorney for his three daughters to attend
with the division of said furniture and direct
that there shall be no inventory or appraisal
taken of the same, but the three parties
shall all attend and divide the same among
themselves without any interference of my
Executors, and I direct that in the case
of my daughter EuniceÆs daughters that their
share shall be equally divided among them
and be delivered to them as they shall respectively
arrive at the age of twenty one years or
shall become married.
My own wearing apparel I direct shall be
equally divided between my sons Frederick
Dodge and Warren Dodge.
With the exception of the furniture and apparel
above mentioned I direct my Executors after
the decease of my widow to dispose of all
the personal property she may die possessed
of in such a way as they as they may think
proper and the avails after deducting expenses
to be applied to the residue of my Estate
and after her decease and the sale of any
Real Estate which I direct shall be done
by my Executors as soon after her decease
as may be without damage to those concerned.
All the proceeds of such Real and Personal
Estate together with the monies or securities
in the hands of my Executors (forming the
residue) shall be equally divided among my
children Amy Pearce the wife of William Pearce,
William Pitt Dodge, Frederick Dodge, Sarah
Blackstone the wife of Russell Blackstone,
Warren Dodge, Philomela Almira Dodge, the
daughters of my deceased son Eben Dodge and
to the several children of Eunice Hurd the
deceased wife of Jairus Hurd.
In the event of the decease of any of the
Legatees above mentioned (excepting William
p. Dodge and Philomena A. Dodge) before the
distribution of the residue of my Estate
by my Executors I direct that the share of
the one or more so dying shall be paid to
his or her lawful heirs respectively.
In the event of the death of William p. Dodge
before such distribution I direct that his
share of such residue shall be paid to the
children of himself and his wife Marcia Dodge.
The share of Philomela A. Dodge in such residue
I direct shall be placed at interest on landed
security by my Executors and the income thereof
shall be paid by them to her mother or Guardian
for the time being to be applied towards
her support and education and in case she
dies before she arrives at the age of twentyone
years leaving us lawful heir of her body
I direct that her said share shall be divided
among the legatees above mentioned in the
same proportion as it would have been had
she not received any part of said residue,
and if she arrive at the age of twentyone
years her share shall be paid to her at that
time without reserve, and in case of her
death before she arrive at the age of twentyone
years leaving lawful heir or heirs of her
body I direct such shall be paid to such
heir or heirs.
In the event of the sale of my Real Estate
by my Executors I direct that the piece of
ground now fenced in as a burying ground
shall be reserved for a place of burying
the dead for any heirs forever with free
access to the same for my heirs at any time
for the purpose of interring the dead by
such way as will do the least damage to crops
of grain or grass that may be growing on
the Land now owned or hereby devised by me
through which it may be necessary to pass
for such purpose, and I direct that in the
sale of my Real Estate the purchasers of
Land adjoining such burying ground shall
be required to keep and maintain the fence
around the same at all times in good order
and repair.
Lastly I constitute and appoint Russell Blackstone
and Dan C. Mills both of the Town of New
Hartford the Executors of this my Will and
Testament and desire of them that they will
settle and adjust my affairs according to
the spirit and intention of this my Will
as speedily as the interest of those concerned
will justify.
In Testimony whereof I have hereunto set
my hand this twelfth day of December in the
year of our Lord One Thousand Eight Hundred
and Forty Two, the seal having been affixed
before signing my name.
Laban Dodge L. S.
Signed, sealed, published and declared in
presence of the subscribers who in the presence
of the testator and in the presence of each
other and at the testators request, subscribed
our names as witnesses
Jeremiah Manchester of the Town
of New Hartford
David L. Jewett of the Town of
New Hartford
State of New York Oneida County. I Othniel
S. Williams Surrogate of the said County
do hereby certify the foregoing to be the
Record of the Last Will and Testament of
Laban Dodge and of the Proofs and Examinations
taken thereon.
Othniel S. Williams
Surrogate
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