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The
last will & testament of
Lucas Terpening
of the
Town of
Ira in the County of Cayuga and State of New York
To the Surrogate of the County of
Cayuga.
The petition of John E. Terpening of the town of Lysander County of (Cayuga is
crossed out) Onondaga & the State of New York respectfully & herewith _
That Lucas Turpening late of the town of Ira in the County of Cayuga & State of
New York, departed this life, on or about the twenty fifth day of April in the
Year of our Lord one thousand eight hundred & forty two - That the said deceased
was at the time of his death, an inhabitant of the said County of Cayuga - That
he left a last will & Testament which is dated the seventeenth day of August in
the year of our Lord one thousand eight hundred & forty one - That in the said
will the said deceased appointed your petitioner & James H. Ferris executors
thereof, That the said deceased left the following his being at Law next of kin
to wit: Susan Cole wife of William Cole & Esther Ferris wife of James H. Ferris
of Butler Wayne County - Cornelius Terpening of Harland, Niagara County, Lucas
Terpening, William Terpening, Abram Terpening, Hannah Ferris wife of Henry H.
Ferris & Harriet Vaughan, Wife of Augustus F. Vaughan of Ira Cayuga County,
Peter F. Terpening whose place of residence is unknown & your petitioner - That
he left Hannah Terpening his widow residing in Ira aforesaid - That the said
will relates to both Real and personal estate - That the said Abram Terpening is
a minor & has no general guardian - That you petitioner is desirous of proving
said last will & testament as a will of real estate,
that the same may be accorded as such in pursuance of the Statute in such case
made and provided. Your petitioner therefore prays the Surrogate aforesaid, That
the necessary steps may be taken before him for that purpose - & that James
Dudley of Ira aforesaid may be appointed Special Guardian to the said minor heir
at law for the purpose of appearing for him & taking care of his interests in
this matter - Dated 27th July 1842 - John E. Terpening
Cayuga County - John E. Terpening, being duly sworn deposes & says that the
facts stated in the above petition by him signed are true to the best of his
knowledge & belief. Sworn this 27th Day of July 1842 before me -
Geo. H. Wood Surrogate
John E. Terpening
Surrogate Court
In the Matter of the Proof & probate of the last will & testament of Lucas
Terpening decd. [This is the abbreviation used for 'deceased' through out the
document]
I, James Dudley, of Ira Cayuga County do hereby consent to act as the special
guardian to Abram Terpening as minor heir at law of Lucas Terpening late of Ira
aforesaid deceased, for the purpose of appearing for him, taking care of his
interests in this matter. Witness my hand the 27th day of July 1842 In presence
of Lewis Slocum -- Jas. Dudley
The people of the State of New York by the grace of God free & independent To
Peter [appears to be the initial F] Terpening whose place of residence is
unknown, one of the heirs at law of Lucas Terpening. late of Ira in the County
of Cayuga deceased, Greeting - You are hereby cited & required personally to be
& appear before our Surrogate of our County of Cayuga at his office in Auburn in
Said County on the twelfth day of September next at ten o'clock in the forenoon
of that day, to attend the proof & probate of the last will & testament of the
said deceased, which relates to both real & personal estate, & is presented for
proof & probate by John E. Terpening an Executor therein named; & hereof fail
not -
[The initials L. S. appear to the left of the following statement]
In testimony whereof we have caused the seal of Office of our said Surrogate to
be hereunto affixed. Witness George H. Wood Surrogate of said County ( [at
Auburn] is inserted ) the twenty seventh day of July in the Year of our Lord one
thousand eight hundred & forty two.
State of New York City & County of Albany, E. U. Graves of the city of Albany
being duly sworn deposes & says that he is foreman in the office of the Albany
Evening Journal, the paper published by the printer to the State, & that the
notice of which the annexed is a printed copy, has been regularly published in
said Albany Evening Journal, once in each week for six weeks successively,
commencing on the twenty ninth day of July last past. Edward U. Graves
Sworn [(before me) is inserted here] this 2nd day of September 1842, W. A.
Corbiere Commissioner of Deeds.
Surrogate Court _ Cay. Co. In the matter of the proof & probate of the last will
& testament of Lucas Terpening decd. We the undersigned widow heirs at law next
of kin to & special guardian to the minor heirs at law of Lucas Terpening, late
of the town of Ira in the county of Cayuga, deceased, do here by waive the
service of the citation required by law to attend the proof & probate of the
last will & testament of the said deceased, We consent that the same may be
proved before the Surrogate of Cayuga County at any time when the same shall be
presented for that purpose
Witness our hands the 27th day of July A.D. 1842 -
In presence of Henry H. Ferris as to Cornelius Terpening
William Terpening _ William Cole _ Susan Cole
James H. Ferris, Esther Ferris
Lewis Slocum James Dudley, special Guardian to
Abram Terpening
Abraham Terpening Hannah Terpening _ William Terpening.
Washington Harris
Harvey D. Ferris Henry H. Ferris - Hannah Ferris
Davis Gould Augustus F. Vaun, Harriet Vaun
William Harris Lucas Terpening
At a Surrogate Court held at the Surrogates Office in the Village of Auburn in &
for the County of Cayuga on the Twelfth day of September A.D. 1842 Present
George H. Wood Surrogate _
An instrument in the writing purporting to be the last will & testament of Lucas
Terpening late of the town of Ira in said County deceased was offered for proof
& probate as a will of real & personal estate pursuant to the Statute; On filing
due proof of the publication of the citation filed in this matter, & the consent
of the widow, heirs at law & special guardian to the minor - to the minor heir
at law of said deceased naming the service of a citation in this matter &
consenting that said will may be proved at any time when the same shall be
presented for that purpose this matter was now brought on to be heard, & the
subscribing witnesses to said will were produced in open court & testified as
follow:
In the matter of the proof and probate of the last will & testament of Lucas
Terpening decd. Cayuga County| William Smith Ingham of the town of Cato in said
county being duly sworn deposes & says - I was well acquainted with Lucas
Terpening late of Ira in said County deceased _ I was present when a certain
instrument in writing now here shown to me, dated the seventeenth day of August
A. D. 1841 purporting to be the last will & testament of said deceased was
executed _ I saw the deceased execute said instrument by signing his name
thereto _ I heard him publish & declare the same to be his last will & testament
_ the deceased requested me to be come a subscribing witness to the execution
thereof _ I did so & signed my name thereto as such witness in his presence. The
said deceased was in my opinion at the time of the execution of said instrument
of a sound & disposing mind & memory & in all respects competent to make &
publish a last will & testament & to devise real estate. He was of full
age & under no restraint that I know of W. Smith Ingham
Sworn this 12th day of September 1842 before me Geo. H. Wood Surrogate
In the matter of the proof and probate of the last will & testament of Lucas
Terpening Decd. Cayuga County|_ James Hitchcock of Cato in said county being
duly sworn deposes & says - I was well acquainted with Lucas Terpening late of
Ira in said County deceased _ I was present when a certain instrument in writing
now here shown to me, dated the seventeenth day of August A. D. 1841 purporting
to be the last will & testament of said deceased was executed _ I saw the
deceased execute said instrument by signing his name thereto _ I heard him
publish & declare the same to be his last will & testament _ The deceased
requested me to become a subscribing witness to the execution thereof _ I did so
& signed my name thereto as such witness in his presence __ The said deceased
was in my opinion at the time of the execution of said instrument of a sound and
disposing mind & memory and in all respects competent to make & publish a last
will & testament & to devise real estate. He was of full age & under no
restraint that I know of Jas. Hicock
Sworn this 12th day of September 1842 before me Geo H. Wood Surrogate
In the matter of the proof and probate of the last will & testament of Lucas
Terpening Decd. Cayuga County|_ John E Terpening of Lysander Onondaga County,
being duly sworn deposes & says _ The instrument in writing mentioned in the
foregoing testimony was found by me after the death of the said deceased in his
desk among his private papers _ I think the same was placed there by the
deceased. I took possession of the same & kept it safely until I brought
it before the said Surrogate for proof While said instrument was in my
possession it was in no respect altered or erased John E. Terpening
Sworn this 12th day of September 1842 before me Geo H. Wood Surrogate
The last will & testament of Lucas Terpening
of the Town of Ira in the County of Cayuga and State of New York.__
I, Lucas Terpening aged sixty four years and upward being desirous to discharge
the duty which I owe my family by making such provision for the distribution of
my property as shall be just and equitable, do make publish and declare this to
be my last will and testament as follows hereby revoking all former wills __
First. I direct that the expenses of my last sickness and of my funeral shall be
paid in preference to any devise or legacy herein contained
Second. I give and bequeathed to my esteemed wife Hannah so long as she shall
remain my widow the use of my slip in the Baptist Meeting house at Cato 4
Corners, one good horse, my one horse wagon and cutter and a good ample &
honorable support from my estate, and the use of the west one half of my house
in which I now reside, together with all necessary & proper furniture and also
the support of the horse to be furnished and supplied to her by my son Abram
after he shall become possessed of the farm herein willed to him, until which
time my executors whom I shall hereafter name, are charged with the provisions
above made And in case my son Abraham [the 'ah' appears to be crossed out, to
make it Abram] shall refuse or neglect to fulfill the provisions of this will
relating to my wife _ I authorize my executors to provide for her and charge the
property herein willed to my son Abram. subject to the above provisions _ And I
hereby provide that my son Abram shall not have power by anything contained in
this will to dispose of the portion of land bequeathed to him herein until he
shall give my said wife a good & sufficient guarantee for the fulfillment of all
& every the provisions contained herein for my said wife. the sufficiency of
which security shall be determined by my ([said] is inserted here) executors __
Third. "Whereas my son Peter F Terpening has left his former place of residence
and family and gone to a place unknown to me, I therefore direct my executors to
sell the farm formerly occupied by him on Lot Number seventy two in the town of
Ira (formerly Cato) containing one hundred & four acres and one
hundredth of an acre of Land and from the avails of
the said farm pay all his just and honest debts contracted previous to the
second day of February one thousand eight hundred & thirty seven at which time
he went away, and the balance after the payment of such debts as aforesaid, I
direct my said executors in case my said son shall return, to pay over to him as
fast as they can obtain it from the purchaser or purchasers of said farm, the
interest of which until he shall return, shall be applied to the maintenance &
support of the infant children Peter & Jane of my said son Peter, born previous
to the second day of February one thousand eight hundred & thirty seven & in
case he shall not return or shall die the interest to be appropriated as
aforesaid to the benefit of said children during their natural lives in the
proportion of two dollars to Peter & ['to' is crossed out and replaced by the &]
one dollar to Jane _ I direct that any money ['that' is inserted] may become
chargeable to me or my estate by reason of a bond given to William Cole on
account of the infant Peter named in the will, shall be paid from the awards of
the said land above described upon which my said son Peter formerly resided _
Fourth, I give and bequeath to my son Lucas Terpening, the undivided one half of
the residue of all the Land which I may die seized on said Lot number seventy
two. to be located in the southwest corner thereof.
Fifth. I give and bequeath to my son William Terpening the residue of all land
of which I may die seized on Lot number seventy two aforesaid being the other
half of the land described in my bequest to my son Lucas, excepting and
reserving the ground occupied by the cedar mill & the mill just erected and
sufficient land for convenience in doing business at said mill for the use of my
heirs jointly and severally as they may wish so long as the mill shall stand.
Sixth. I give and bequeath to my son Abram all the land may die seized on Lot
number Sixty Ira (formerly Cato) excepting about half of one acre of land in the
south west corner of the land hereby willed to him subject however to the
provisions contained in the second article of this my last will & testament
relating to him and the support of my esteemed wife _ also one good horse,
saddle & bridle and one bed & bedding for the house.
Seventh. I order that my slip in the meeting house aforesaid remain unsold and
when my wife shall cease to use it that it be occupied by members of my family
that may choose to occupy it.
Eighth. I order that whatever may remain of my personal property after the
payment of all my just & honest debts and the legacies herein contained and made
including the horse wagon and cutter to my wife and the furniture for her use
shall remain for the use and benefit of the child remaining at the house and
under age until the youngest shall attain ['to' is inserted] the age of twenty
one years and then to be equally divided among all my children then living.
excepting the horse wagon cutter & furniture for the use of my wife, which shall
at the decease of my wife go to my son Abram.
Lastly, I nominate and hereby appoint my
Son, John E. Terpening, and my son in law, James H. Ferris,
executors of this my last will & testament and guardian of my infant child and
also trustees of my estate, to take supervision thereof and carry into effect
the provisions of this my last will and testament
In testimony whereof I have hereunto set my hand & seal this seventeenth day of
August one thousand eight hundred & forty one.
Lucas Terpening, L. S.
The above and foregoing instrument consisting of one sheet of paper was
subscribed by Lucas Terpening in our presence and was declared by him to be his
last will & testament, and we at his request have signed our names hereto as
witnesses in the presence of each other and in the presence of the testator.
W. Smith Ingham of Cato Cayuga, County New York
Jas. Hickock of Cato Cayuga County, New York
I hereby certify that the proceeding is a true record of the proceedings proofs
& examinations taken before me at Auburn in the matter of the proof & probate of
the last will and testament of Lucas Terpening late of the town of Ira in the
County of Cayuga deceased, as a will of real & personal estate, and also of the
said will, and that the same are recorded on the twelfth day of September the
year of our Lord one thousand eight hundred & forty two.
Geo H. Wood Surrogate
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