JOSEPH RICHARDS. TRENTON, ONEIDA COUNTY, NEW YORK.
At a surrogates court held at the surrogates office in Rome, in the County of Oneida on the second day of July A.D. 1842 before John Stryker Esq. Surrogate of the said County for the purpose of proving and recording the last Will and Testament of Joseph Richards, late of the town of Trenton in the County of Oneida deceased in pursurance of chapter sixth title first, article first part second, of the Revised Statutes of the State of New York and of an act entitled "An Act concerning the Proof of Wills Executors and administrators Guardians and Wards and Surrogate Courts" passed May 16th, 1837 on the application of Richard Roberts in said Will named.Ebenezer Thomas of Trenton aforesaid being duly sworn and examined in open court testified that he was well aquainted with Joseph Richards deceased and had been for the last twenty years immediately preceeding his death; that he died in the month of April last past at Trenton 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 Joseph Richards 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 John W. Jones who also at the same time signed the same as subscribing witness in the presence of the Testator and at his request and in the presence of this deponent and in the presence of each other; that the said Testator at the time he so signed the said Will, then and there in the presence of this deponent and in the presence of each other subscribing witness published and declared the same as and for his last Will and Testament - and this deponent father 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.
Ebenezer Thomas. John W. Jones examined in the same manner as above ........ not copied KP.
The foregoing proofs and examinations taken before me the surrogate aforesaid at the time and place first mentioned and the depositions of the respective witnesses were by them respectively subscribed after having been carefully read over to theml 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 and the said will proofs and examinations to be recorded. Witness John Stryker Surrogate aforesaid the day and year first aforesaid.
The last Will and Testament of Joseph Richards of trenton, Oneida County and State of New York.
I Joseph Richards 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 Judith, one third of all my personal property also one third of the Rent or use of my Real Estate during her natural life (in lieu of her right of her dower). It is my Will and desire that my son Richard have all my landed property (by his complying with the requirements hereinafter mentioned) for ever - first that he my said son Richard choose a man and my son Benjamin to choose one and also my son Joseph to choose another, and that three so chosen to appraise my landed property and the appropriations or divisions hereinafter to be made will be made according to and agreeable with said appraisal it is my will and desire that my personal property shall be appraised in the same way and by the same individuals as the real estate and after said appraisal then take out one third of the whole (of the personal property) and give it to my wife Judith and after that is done then Take four hundred dollars which I hereby give and bequeath to my oldest son John. Then add the remainder of the valuation of the personal property to the valuation of the real estate and then divide that amount into six equal shares and then my son Richard to take all the real and personal property and pay to each of my hereinafter children as named an equal share of said (real and personal) estate excepting my son William share and Joseph share, he is allowed to retain one hundred dollars out of each of their shares for his owen benefit for his trouble in collecting paying and transacting business of the estate as an executor - then to pay to David, Benjamin and Mary the equal shares as above specified and also to retain for himself an equal share with the others besides the two hundred dollars that he is to retain out of William and Joseph share - then to pay to Joseph and William their equal shares except the one hundred dollars which he is to have out of each share.
It is my Will that my son Richard is to pay all the sums that he is to pay as above descibed and ordered to the several heirs as follows viz. one half of all the sums to each one in one year after my decease and the remainder in two years after my decease.
Whatever property that my wife Judith may have at or after her decease it is my will and desire that it shall be divided into six equal shares to be given as follows to wit, one equal share to David and one to Richard, one to Benjamin, one to William, one to Mary and one to Joseph, being the above mentioned heirs hereby revoking all former will by me made in witness whereof I hereto set my hand and seal the 15th day of March in the year of our Lord 1842.
The above instrument consisting of one sheet was noe here subscribed by Joseph Richards the testator in the presence of each of us and was at the same time declared by him to be his last Will and Testament and we at his request sign our names hereto as attesting witnesses.