Laban Dodge
Transcribed from SAMPUBCO copy by William R. Kuehnling: kuehnling@adelphia.net
Surnames: DODGE, MANCHESTER, JEWETT, HURD, BLACKSTONE, PEARCE
Oneida County, NY, New Hartford 9-40

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 ŠAn Act concerning the Proof of Wills, Executors and Administrators and Guardians and Wards and Surrogates CourtsĂ 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 ˘Montague Lot÷ 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 ˘Montague Lot÷ 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 ˘Montague Lot÷ 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 EuniceĂs 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