Tompkins Co., NYGenWeb - Will of George Duplex

Written: 3 May 1855

Probated: 19 Nov 1860

Source: Tompkins County Will Book, Volume H, pages 356-358; Surrogate's Court Records, Tompkins County, Ithaca, NY

Surnames: Creed, Duplex, Lee, Patterson, Whiting, Young

Comment: The following is the last Will and Testament and related probate documents transcribed from the records of the Surrogate's Court of Tompkins County, Ithaca, NY. The petition to notify next of kin is included as it contains additional information regarding the family of George Duplex.The will itself is transcribed from a written copy obtained from Sampubco.com. All other probate records are transcribed from court records kindly located and photocopied by Cheryl Hall.

Submitted by: Forrester A. Lee (woody.lee@gmail.com)

Will and Proofs

At a Surrogate's Court, held for the County of Tompkins, at the office of the County Judge of said county, in the village of Ithaca, on the nineteenth day of November in the year 1860.

Present, H. S. Walbridge County Judge.

Lewis Hanford Executor named in the last Will and Testament of George Duplex late of said county, deceased, appeared for the purpose of proving said Will and have the same recorded according to law, and made satisfactory proof that the citation issued to the widow & next of kin to said deceased, had been duly served; and which citation has been returned and filed; and thereupon

An Instrument, purporting to be the last Will & Testament of George Duplex bearing date the third day of May in the year 1855 was produced in court and shown to each of the persons sworn as witnesses, as herein after mentioned.

George D. Beers of the town of Ithaca in the County of Tompkins being first duly sworn deposeth and saith, that he was acquainted with the above mentioned George Duplex deceased, in his life-time; that he saw the said George Duplex deceased subscribe at the end thereof of the instrument now shown to this deponent, purporting to be the last Will and Testament of the said George Duplex and above described; that he heard the said George Duplex 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 George Duplex, that the said George Duplex was at the time, in the opinion and belief of this deponent, of sound mind and memory - and not under any restraint; and that he was about Seventy years of age and was a resident of the town of Danby in the county of Tompkins at the time he made said will. This deponent further says Chancey G. Heath then of Ithaca subscribed in the presence of this deponent and in the presence of the said George Duplex his name as a witness to the execution of said Will. That the said Heath is dead.

Geo D. Beers
Sworn before H. S. Walbridge, Co. Judge

Lewis Hanford of the town of Danby in the county of Tompkins being first duly sworn, deposeth and saith that he was acquainted with the above mentioned George Duplex deceased, in his lifetime; that the said George Duplex deceased, gave to this deponent for safe keeping the instrument now shown to this deponent purporting to be the last Will and Testament of the said George Duplex and above described; that the said George Duplex told this deponent that the same was his last Will and Testament; that the said George Duplex at the time of his death as this deponent is informed and believes was about Seventy nine years of age; that he died on or about the thirteenth day of October* in the year 1860, and was a resident of the town of Danby in the County of Tompkins at the time of his death. That the said Will is now in the same condition that it was at the time he received it from the said George Duplex not having been in any way altered or changed.

Lewis B. Hanford
Sworn before H. S. Walbridge, County Judge

Caleb B. Drake of the town of Ithaca in the said county of Tompkins being first duly sworn says that he was well acquainted with Chancey G. Heath in his lifetime, that he is now dead, that he is a well acquainted with the hand writing of the said Chancy G. Heath and that the signature of said Heath to the last Will & Testament of the said George Duplex and above described as a witness thereto is in the opinion & belief of this deponent the genuine hand writing & signature of the said Heath.

Caleb B. Drake
Sworn before H. S. Walbridge, Co. Judge

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

I George Duplex of Danby in the County of Tompkins & State of New York being in good health and of sound mind & memory, blessed be Almighty God therefor, do make publish & declare this my last Will and Testament in manner following that is to say:

First, I give and devise to my sister Arsena Duplex during her natural life the use of the undivided half of my farm in Danby whereon I now reside and at her decease I devise the same to my niece Laura Ann Young, wife of Albert Young of Danby aforesaid.

Second, I give and devise the other undivided half of my said farm to my said niece Laura Ann Young and in case she shall die without lawful issue living at her death then I give & devise the whole of the said farm to her husband Albert Young.

Third, I direct all my debts, funeral expences and the expences of settling my estate to be paid out of my personal estate and out of the residue thereof. I give and bequeath the following legacies to wit: To my sister Craty Patterson fifty dollars. To my sister Vashti E Creed five dollars. To Adaline Whiting formerly the wife of my brother Prince five dollars and to my several nephews & nieces following to wit: Leonard Patterson, Laura Jane Patterson, Sylvia Patterson, Rebecca Patterson, Cortland Van Rensellaer Creed, John Creed, Elisha Duplex, Edward Duplex, and Adaline Frances Duplex, the sum of five dollars each.

Lastly, if any of my personal estate shall remain after payment of said debts legacies and expenses I give and devise the same to my said Sister Arsena and Laura Ann Young my said niece and I hereby appoint Lewis Hanford of Danby in the County of Tompkins executor of this my last Will & Testament, Hereby revoking all former Wills by me made. In witness whereof, I have hereunto set my hand and seal this Third day of May in the year of our lord one thousand eight hundred & fifty five.

George Duplex (Seal)

The above instrument in writing was on the day of the date thereof signed by the Testator George Duplex in our presence and he at the same time declared the same to be his last Will and Testament and by his request and in his presence we have hereunto set out hands as witnesses and in the presence of each other.

C. G. Heath Ithaca Tompkins County N.Y.
G. D. Beers Ithaca, N.Y.

I hereby certify that the foregoing is a true record of the original last Will and Testament of George Duplex late of the town of Danby in the County of Tompkins NY and of the original proofs relating thereto.

H. S. Walbridge, County Judge

*Lewis B. Hanford's statement that George Duplex died on the 13 Oct 1860 is incorrect. Hanford's petition shown below gives the correct date as 13 Sep 1860.

Petition to notify kin

To H. S. Walbridge Esq., County Judge of the County of Tompkins:
The petition of Lewis Hanford respectfully sheweth:

That lately and on or about the 13^th day September A.D. 1860 George Duplex died at the Town of Danby in the county of Tompkins, being at the time of his death an inhabitant of the said county of Tompkins: That said George Duplex deceased left a certain instrument in writing, purporting to be his last Will and Testament bearing date upon the third day of May 1855 which relates to both real and personal estate, and in said instrument your petitioner is named as executor; and which said instrument your petitioner verily believes to be the last Will and Testament of the said George Duplex deceased:

That the said George Duplex died leaving the following persons him surviving, to wit: three sisters viz. Arsena Duplex residing in Danby Tompkins County, Craty Patterson residing in Cayuga County New York & Vashti E. married to John Creed residing in New Haven Connecticut, the issue of Mark Duplex a deceased brother of said deceased to wit, Laura Ann married to Albert Young residing in Danby Tompkins County New York and the issue of Prince Duplex a deceased brother of said George Duplex to wit Edward Duplex and Adaline F. married to Henry Lee, all residing in California, your petitioner is informed & believes that about thirty five years ago Rosanna, the wife of the said George Duplex left the said George & refused to live with him & where she lives, if she is still living, your petitioner knows not, the above parties are all of age and all the only heirs at law, widow and next of kin of said deceased:

Your petitioner therefore pray that a citation may issue to the heirs at law, and next of kin to the said deceased, requiring them to appear before the said county Judge at his office in the town of Ithaca, in the county of Tompkins aforesaid, on some day to be named therein, at 10 o'clock in the forenoon of that day, to attend the deceased, and the said Will may be proved and recorded as a will relating to both real and personal estate, according to the forms of the statutes of the State of New York in such case made and provided, and your petitioner as in duty bound will ever pray, etc.

Dated 29^th day of September A.D. 1860
Lewis B. Hanford