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Will of John BACKUS

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Will of John BACKUS

SLJ753 (View posts)
Posted: 29 Mar 2000 5:00AM GMT
Classification: Will
Edited: 28 Sep 2005 2:06PM GMT
Surnames: BACKUS, MORTON, WILLOUGHBY, OSBORN, RICHMOND, RICHARDSON, WATERS, WATROUS, CULVER, BUSKIRK, CULBET, RUSSELL, HARTSON, SHAFER, SHERD
The following is the last Will and Testament of John Backus from Will Book I Pages 137-139. The heirs of his deceased daughter Hannah Buskirk are: Mrs. Mary Culbert; Mrs. Harriet or Hattie Russell wife of William Russell; Mrs Emma Hartson wife of Edwin Hartson; Mrs Emeline Shafer wife of Phineas Shafer; and a granson Jay L Sherd. Although all the documents indicate that John's daughter Lorenzer's married names is Waters, her signature indicates that she may be a Watrous. (Thanks to Ken Chapman for retrieving these documents.)

At a Surrogate's Court, held for the County of Tompkins at the office of the County Judge of the said county, in the village of Ithaca, on the fifth day of November 1862,
Present H S Wallridge County Judge.
An Instrument purporting to be the last Will and Testament of John Backus bearing date the 29th day of August in the year 1861 was produced in court, and shown to each of the persons sworn as witnesses, as herein after mentioned.

William J Morton of the town of Groton in the county of Tompkins being first duly sworn, deposeth and saith that he was acquainted with the above mentioned John Backus deceased in his life-time; that he heard the said John Backus ask Franklin Willoughby to sign his name to the instrument now shown to this deponent, purporting to be the last Will and Testament of the said John Backus & said Willoughby did sign his name for him to the said instrument above described; that he heard the said John Backus declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said John Backus that the said John Backus was at the time, in the opinion and belief of this deponent, of sound mind and memory - and not under any restaint; and that he was about 88 years of age; that he died on or about the twenty eight day of May in the year 1862, and was a resident of the town of Groton in the county of Tompkins at the time of his death.
W. Jay Morton
Sworn before H S Wallridge County Judge

Franklin Willoughby of the town of Groton in the county of Tompkins being first duly affirmed, deposeth and saith that he was acquainted with the above mentioned John Backus deceased in his life-time; that he wrote the name John Backus the deceased at the end of the instrument now shown to this deponent, purporting to be the last Will and Testament of the said John Backus and above described; at the request of the said John Backus that he heard the said John Backus declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said John Backus that the said John Backus was at the time, in the opinion and belief of this deponent; of sound mind and memory - and not under any restaint; and that he was about 88 years of age; that he died on or about the 28th day of May in the year 1862 as deponent is informed and believes, and was a resident of the town of Groton in the county of Tompkins at the time of his death.
This deponent wrote the said will and on inspecting the same says that it is in the same condition now that it was at the time of its execution not having been in any way altered or changed.
F Willoughby
Affirmed before H S Wallridge County Judge

Which said last Will and Testament is in the words and figures following, to-wit:

In the name of God Amen. I, John Backus of the town of Groton in the County of Tompkins and State of New York aged 88 years being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be may last Will and Testament. That is to say First after all my lawful debts are paid and discharged I give and bequeath to my daughter Jerusha Osborn the sum of Five hundred dollars.
Second. I guve and bequeath all the rest residue and remainder of my personal estate goods and chattels of what nature or kind to my daughters Laury Richmond, Cynthia Richardson, Lorenzer Waters, Harriet Culver and to the heirs of Hannah Buskirk to be divided equally amoung them all share and share alike my instruction being that the heirs of Hannah Buskirk deceased shall receive one share or one fifth of what remain after the bequest of five hundred dollars to to my daughter Jerusha Osborn is paid.
Second I make constitute and appoint William Morton of Groton Tompkins County and State of New York to be executor of this my last Will and Testament hereby revoking all former wills by me made.
In witness whereof I have hereunto sunscribed my name and affixed my seal the twenty ninth day of August in the year of our Lord on thousand eight hundred and sixty one.
John Backus
The above instrument was sunscribed by the said John Backus in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to he his last will and Testament and we at his request have signed our names as witnesses hereto and written opposite our names our respective places of residence
F Willoughby Groton, Tompknis County, New York
W J Morton Groton, Tompkins County, New York

I hereby certify that the foregoing is a true record of the original last WIll and Testament of John Backus late of the town of Groton in the county of Tompkins in and State of New York and of the original proofs relating thereto
H S Wallridge
County Judge

SubjectAuthorDate Posted
SLJ753 29 Mar 2000 12:00PM GMT 
SLJ753 18 Aug 2008 8:46PM GMT 
sarakg 5 Jan 2012 3:21AM GMT 
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