Tri-County Legal Documents
Surrogate Court, Chemung County Courthouse, Elmira, NY; File #
Last Will and Testament of Richard Andrus Deceased
Be it Remembered, That heretofore, to wit: on the 11th of October in the year of our Lord one thousand eight hundred and seventy-five, Alston Andrus the sole surviving Executor named in the Last Will and Testament of Richard Andrus late of the Town of Horseheads 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.)
Phila Campbell residing at Earleville [sic] Madison County NY
Charlotte Pease " " Fon du lace [sic] Wisconsin
Caroline Munger " " Empire Prairie Missouri
E. N. Andrus " " Waupaw Wisconsin
[This appears to be a transcription error; a newspaper notice in Richard Andrus' probate file show Louisa Carpenter in "Waupon, Wisconsin" and "E. H. [sic] Andrus residing at Ceres, Allegany Co., NY". Louisa appears to be missing in the above list, and her location ascribed to E. Andrus]
Emeline A. Thorne " " Horseheads, Chemung Co., NY all of full age
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 names, 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 22d day of November A. D. 1875, to attend the Probate of said Will, and on that day the proofs of Service of the Citation heretofore issued in said matter not having been made said matter was thereupon duly adjourned to November 29th 1875 at 10 o'clock in the forenoon of that day.
And afterwards, to wit: on the 29th day of November A.D. 1875, 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 proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 29th day of November A.D. 1875, 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 follows, that is to say:
The Last Will and Testament of Richard Andrews of the Town of Elmira County of
Chemung and State of New York;
I the said Richard Andrews considering the uncertainty of this mortal life and being of
sound mind and memory (blessed be Almighty God for the same) do make and publish this my last Will and Testament in manner and form following that is to say;
First I give and bequeath unto my beloved wife Delight Andrews all my household
furniture during her natural life and at her decease to be equally divided between my sons Alston Andrews and Spafford Andrews. I do also give to my wife aforesaid the use of the dwelling house where I now reside during her natural life as aforesaid. Secondly
I give and bequeath unto my two sons Alston Andrews and Spafford Andrews all my
personal property and Real Estate to be equally divided between them, the Real Estate consisting of the lands following (viz.) "All that certain piece or parcel of land described in a Deed made by George J. Pumpelly to me bearing date the fourteenth day of August 1847 and being five acres and 76/__ of land whereon stands the buildings now occupied by me. Also one other piece of land conveyed to me by the said George J. Pumpelly and Susan J. Pumpelly by Deed bearing date the 23rd day of September 1847 being forty acres of land for a more particular description of which reference may be had in said Deed; Also one hundred and one and one-half acres of land lying North of and adjoining the two last mentioned pieces of land Bounded on the North by lands of the heirs of Eg__ Hammond dec'd on the west by H N Watson + Daniel Peterson and on the East by Peterson being land purchased of _at Peterson;"
And I do hereby order and direct that my said sons Alston and Spafford shall pay all my just debts including those of my last sickness and burial and that they shall furnish and provide for my wife aforesaid a good and comfortable support and such spending money as she may reasonably require with a comfortable conveyance whenever she may wish to ride out during her natural life as aforesaid and pay the expenses of nursing and medical attendance when required and of her burial.
And I do hereby also further order and direct that my said sons Alston + Spafford within one year after my decease pay to my Daughter Louis [sic] Carpenter and Caroline Monger the sum of fifty dollars cash with interest on the same from and after my decease as aforesaid;
And I hereby further order and direct that my two sons Alston and Spafford within two
years after my decease as aforesaid pay to my son Elisha N Adams [sic] one hundred dollars and to my daughter Charlotte Mi___ [Miner ?] fifty dollars with interest on the same from and after my decease;
And I hereby further order and direct that my two sons Alston and Spafford within three years after my decease as aforesaid pay to my daughters Lucy G Fuller and Phila Campbell the sum of fifty dollars each with interest on the same after my decease as aforesaid
And I do hereby constitute and appoint my sons Alston Andrews and Spafford Andrews Executors and my wife Delight Andrews Executrix of this my last will and testament hereby revoking all former wills by me made;
In witness whereof I have hereunto set my hand and seal this twenty-ninth day of
September in the year of our Lord one thousand eight hundred and forty-seven
Richard Andrus SS [signature]
Signed Sealed published + declared by the above named Richard Andrews to be his last will and testament in the presence of us who hereunto subscribed our names as witnesses in the presence of the testator.
[signed] Elijah Carpenter Caroline H. Carpenter Elvina Carpenter
In the matter of proving the last will and Testament of Richard Andrus Deceased
Chemung Co. Caroline H. Isham, formerly Caroline H. Carpenter, now of the City of Elmira, Chemung County, N. Y., being duly sworn in open court upon her oath says that she is a subscribing witness to the last will and testament of Richard Andrus late of the town of Horseheads in the County of Chemung and State of New York dec'd. And deponent further says that Elijah Carpenter and Elvira Carpenter then of Horseheads in said county are also subscribing winesses to the execution of said last will and testament, and deponent further says that the said Richard Andrus deceased did in the presence of deponent and the said Elijah Carpenter and Elvira Carpenter subscribe his name at the end of the instrument in writing which is now here shown to this deponent and which purports to be the last will and testament of the said Richard Andrus dec'd and which bears date on the 29th day of September 1847.
That the said Richard Andrus dec'd did at the time of subscribing his name to said
instrument as aforesaid declare the same to be his last will and testament in the presence of deponent and in the presence of the said Elijah Carpenter and Elvira Carpenter the other subscribing witnesses to said instrument and said Elijah Carpenter and Elvira Carpenter each did thereupon subscribe their own respective names at the end of said instrument attesting witnesses to the execution thereof at the request of the said Richard Andrus dec'd and in his presence and in the presence of each other. And deponent further says the said Elijah Carpenter and Elvira Carpenter are the father and mother of deponent and that she is well acquainted with the said writing of each of them and has seen them and each of them with frequenty [sic] and that their signatures and each of them to said instrument as genuine. And deponent further says that the said Elijah Carpenter is now dead and the said Elvira Carpenter is old infirm and has so completely lost her mind and memory as to be incapable of testifying or understanding the nature or obligation of an oath and deponent further says that the said Richard Andrus deceased at the time of subscribing his name to said instrument 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 deponent believed, he was of sound mind memory and understanding and not under any restraint and as deponents verily believe in
all aspects competent to devise real estate. That deponent and the said Elijah Carpenter and Elvira Carpenter each saw the other sign their respective names to said instrument as attesting witnesses in the presence of said deceased, That deponent has now here carefully examined said instrument and finds that it has in no respect been changed or altered since its execution. and further says not.
Caroline H. Isham
Subscribed and sworn before me Nov 29th 1875
T. S. Spaulding Surrogate
In the matter of proving the Last Will and Testament of Richard Andrus deceased
Mathew Carpenter of said County being duly sworn in open court says that he is the son of Elijah Carpenter and Elvira Carpenter whose names are subscribed to the last will and Testament of Richard Andrus dec'd as subscribing witnesses thereto offered for probate that he is well acquainted with the handwriting of the said Elijah and the said Elvira that he has frequently seen them write their names and knows their signatures that the name of Elijah Carpenter so subscribed to said will is the genuine signature of the said Elijah Carpenter that the said Elvira Carpenter the other witness to said will and whose genuine signature is so subscribed to said will is alive and is now residing in the family of this deponent in the town of Elmira that she is aged eighty five years and is infirm of body and mind that she is so weak in mind as to be unable to remember any fact in relation to said will and scarcely any thing in relation to the ordinary affairs of life that deponent has seen said Elvira today and says that it would be useless to produce the said Elvira as a witness on the proving of said will for the reason that she is incompetent by reason of mental imbecility and loss of memory of remembering the fact of subscribing said will or of comprehending any of the facts required of such a witness And deponent says that the said Elijah Carpenter is now dead
Subscribed and sworn before me this 29th day of November 1875
T. S. Spaulding Surrogate
File 22/234 Surrogate Court, Chemung County, New York; Filed October
The Hon. T. S. Spaulding Surrogate of the County of Chemung
The petition of Alston Andrus of the town of Horseheads in said county
showeth that your petitioner is the sole surviving executor [Alston's brother, Spafford was by then deceased] of the last will and testament of Richard Andrus late of the said town of Horseheads in said county deceased: that the said deceased was at the time of his death an inhabitant of the county of Chemung and departed this life in the said town of Horseheads and county aforesaid on the first day of October 1875 and that said last will and testament relates to both real and personal estate.
Your petition further shows that the heirs and next of kin of the said Richard Andrus
Phila Campbell a daughter of said deceased residing at Earlville [part of Hamilton],
Madison Co., NY
Charlotte Pease daughter residing at Fon [sic] du Lac Wisconsin
Caroline Munger daughter Empire Prairie Missouri
E. N. Andrus son residing at Ceres Alleghany Co. NY
Louise Carpenter daughter Waupon Wisconsin and
Emeline A. Thorn [sic] a grand daughter of said dec'd and the sole surviving
child of Lucy Fuller eldest daughter of said deceased Richard Andrus residing at
and your petitioner all of full age.
That the said deceased left no widow since surviving.
Your peitioner therefore prays that the said last will and testament may be proved and letters testamentary granted therein.
[signed] Alston Andrus
Chemung County SS. Alston Andrus the petitioner named in the forefoing petition being duly sworn says that he has heard read the foregoing petition to which he has subscribed his name and knows the _____ thereof and that the matters of fact therein noted are true and that the matters therein noted are his ____ and belief he believes to be true.
[signed] Alston Andrus
Sworn before me this 11 day of October 1875
T. S. Spaulding Surrogate
Chemung County SS
Alston Andrus being duly sworn says that he is the petitioner named in the
foregoing petition that he is acquainted with its property both real + personal estate of
said _____ will not exceeds in value the sum of $10,000.00 as deponent ____ ____
[signed] Alston Andrus
Sworn to before me this 11 day of Oct 1875 [signed] M. F. Rood Notary Public
The People of the State of New York,
Phila Campbell residing at Earlville [part of Hamilton], Madison Co., NY
Charlotte Pease residing at Fon du Lac, Wisconsin
Caroline Munger [newpaper notice says "Monger"] residing at Empire Prairie, Missouri
E. H. [sic] Andrus residing at Ceres, Allaghany [sic] Co., NY
Louisa Carpenter residing at Waupon, Wisconsin
Emeline A. Thorne residing at Horseheads, Chemung Co., NY
all of full age
You, and each of you, are hereby cited and required personally to be and appear before our Surrogate of the County of Chemung, at his office in the City of Elmira, on the 22nd day of November 1875 at 10 o'clock in the forenoon of that day, then and there to attend the probate of the last Will and Testament of Richard Andrus late of the town of Horseheads of Chemung and the State of New York deceased, which related to both Real and Personal Estate, and for the Probate whereof Alston Andrus of Horseheads in the County of Chemung has lately applied to our said Surrogate.
In Testimony whereof, We have caused the Seal of Office of said Surrogate to be
Witness T. S. Spaulding, Esq., Surrogate of our said County, at the City of Elmira, the 11th day of October in the year of our Lord one thousand eight hundred and seventy-five.
[signed] T. S. Spaulding Surrogate