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LAST WILL AND TESTAMENT OF
Philo Jones
BE IT REMEMBERED, that heretofore, to wit: on the Fourteenth of March
in
The year of our Lord one thousand eight hundred and Seventy two
Finley M. Jones one of the
Executors named in the Last Will and Testament
Of Philo Jones late of the town of Southport in
The County of Chemung deceased, appeared in open Court, before the
Surrogate of the County of Chemung and made application to have the
said
Last Will and Testament, which relates to both Real and Personal Estate,
proved: and on such application the said Surrogate did ascertain by
satisfactory evidence who were the heirs
at law and next of kin of the said testator, and their respective
residences. Viz - Betsey Helm residing at Wells Bradford County, Pa,
Albert
Jones residing at Horse Heads Chemung County, N.Y., Simeon R. Jones,
Finley
M. Jones, Julia S Jones and Laura J. Jones, all residing in the town
of
Southport, Chemung County, N.Y. and Philo Jones residing at Caton,
Steuben
County, N.Y.
And said Surrogate did thereupon issue a Citation in due form of law,
directed to the heirs.. at law and next of kin by their respective
name,
stating their respective places of residence, requiring them to appear
before said Surrogate at his office in the City of Elmira in said County,
on the 15th day of April A.D. 1872 to attend the Probate of said Will,
That afterwards and on the said 15th day of April 1872 on application
of
the said Executor the probate of said will was by said surrogate adjourned
until the 13th day of May 1872 at 11 o'clock A.M.
And afterwards, to wit: on the 18th day of May A.D., 1872 satisfactory
evidence by affidavit was produced and presented to said Surrogate,
of the
due service of said Citation in the mode prescribed by law, and on
that
day, no one appearing to oppose the Probate of such Will such proceedings
were thereupon had in said Court, afterwards, that the said Surrogate
took
the proofs of said Will hereinafter set forth, upon this 13th day of
May
A.D., 1872, and he thereupon adjudged the said Will to be a valid Will
of
Real and Personal Estate, and the proofs thereof to be sufficient,
which
said Last Will and Testament, and proofs, are as follow, that is to
say.
WILL
In the name of God Amen - I Philo Jones of the town of Southport, County
of
Chemung and State of New York, of the age of seventy six years and
being of
sound mind and memory do make publish and declare this my last Will
and
Testament in manner following that is to say.
First - I direct that my Executors herein after named, shall pay and
discharge all my just debts by me owing at the time of my decease.
And my
funeral expenses as soon after my decease as practable.
Second - I give and bequeath to my son Finley M. Jones his heirs and
assigns, all my interest in the store and the lot on which it stands
(now
occupied by him) together with all the (?) and appurtenances thereunto
belonging to have and to hold the above described premises forever.
Third - I give and bequeath to my son Philo Jones Jr. Five Hundred
Dollars
- to be paid by my daughters Julia S. Jones and Laura J. Jones out
of my
estate in six months after my death.
Fourth - I give and bequeath all the rest residue and remainder of
my real
and personal estate goods and chattels of what nature or kind (?) to
my two
daughters Julia S. Jones and Laura J. Jones to be divided equally between
them share and share alike.
And Lastly - I do hereby nominate and appoint my son Finley M. Jones
to be
Executor and my daughter Julia S. Jones to be Executrix of this my
Last
Will and Testament hereby revoking all former wills by me made.
(?) Witness whereof I have hereunto by my hand and seal this 22nd day
of
May 1868
Philo Jones
The above instrument consisting of one sheet was at the date thereof
signed, sealed, published and declared by the said Philo Jones as and
for
his Last Will and Testament in presence of us, who at his request and
in
his presence, and in the presence of each other have subscribed out
names
as witness thereto.
John Brown Residing at Southport Chemung Co. N.Y.
M. T. Webb Residing at Southport Chemung Co. N.Y.
Page 413
SURROGATE'S COURT
In the Matter of Proving the Last Will and Testament
Philo Jones
Deceased
Chemung County, ss.
John Brown of the town of Southport Chemung Co. State of NY and
Mortimore T. Webb of the same place being first duly sworn, in open
Court,
upon their several corporeal oaths, each for himself, doth depose and
say,
that they are subscribing witnesses to the Last Will and Testament
of Philo
Jones late of New York deceased. And these deponents do further say,
that
the said Philo Jones deceased, did in the presence of each of these
deponents subscribe his name at the end of the instrument in writing
,
which is now here shown to these deponents, and which purports to be
Šthe
Last Will and Testament of the said deceased, and which bears date
on the
22nd day of May one thousand eight hundred and sixty eight .
That the said deceased did, at the time of subscribing his name to
the said
instrument, as aforesaid, declare the same to be his Last Will and
Testament; and these deponents did thereupon subscribe their own respective
names at the end of said instrument, as attesting witnesses to the
execution thereof, each at the request of the said deceased and in
his
presence and in the presence of each other: That the said deceased,
at the
time of so subscribing his name to said instrument as aforesaid, and
publishing said instrument as aforesaid, was upwards of twenty-one
years of
age and a citizen of the United States; that he appeared to be, and
deponents believe he was of sound mind, memory and understanding, and
not
under any restraint, and as deponents verily believe, in all respects
competent to devise real estate; that each of these deponents saw the
other
sign his name to said instrument in the presence of the said deceased.
That said deponents have (?) here carefully examined said instrument
and
find that it has in no respects been changed or altered by deceased
since
it's execution and further say not.
Page 414
Subscribed and sworn to before me this
T.S. Spaulding
13th day of May A.D. 1872
Surrogate
John Brown
M. T. Webb
Chemung County SS:
It appearing upon the proofs duly taken in respect to the Last Will
and
Testament
Of Philo Jones late of the town of Southport in the County of Chemung
and
State of New York, deceased, that the said Will was duly executed,
and that
the said Philo Jones at the time he executed the same, was in all respects
competent to devise real estate, and not under restraint, the said
Last
Will and Testament and the proofs and examinations are hereby recorded,
signed and certified by me, pursuant to the Provisions of the revised
Statutes this 18th day of May A.D., 1872
T.S. Spaulding
Surrogate
SOURCES-1Judy Herring Jones-My Family Tree Maker
I emailed Judy and asked her if I could send you this and give her as Source, because she found it. I had sent her your site address and she is very impressed. Judy told me to send the Will.
As to the other mailing-all of my female names are listed
with their birth names. I have some names in capitals, which is a
code to me.I put
the last name in captails when I have finished with that person. My
great great grandfather Finla M. JONES, still more to come. Judy has his
Will as
well and I hope to get that someday. Finla McClure
JONES (Jones being the last name)Philo Jones son. Philo married Jane
Howell CARPENTER on Dec. 31, 1812 in Norwalk, Conn. Jane Howell Carpenter
(parents Gen Matthew CARPENTER and Catherine MATHEWS) was born Jan 20,
1791-TIMELINE-- in Orange County, near Goshen, N.Y.. She died Oct. 20,
1860 in Seeley Creek, N.Y..-Sometimes you will see the words TIMELINE or
NOTES-HISTORY ect-codes for my family to follow. So many times there is
no history for the women, so I have done timelines to help my family better
understand what was happening during their lives.
Philo may have married Jane, in Morristown N.J.,
still looking for the answer to that one.
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