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Alanson H. Griggs
To the Surrogate of the County of Cayuga. The petition of Nancy Griggs of the
town of Mentz, County of Cayuga & State of New York, respectfully showeth,
That Alanson H. Griggs late of the town of Mentz in in (sic) the County of
Cayuga & State of New York, departed this life on the ninth day of January in
the year of our Lord one thousand eight hundred and forty five, That the said
deceased was, at the time of his death an inhabitant of the County of Cayuga;
That he has left a last will & testament, which is dated the thirtieth
day of December in the year of our Lord one thousand eight hundred and forty
four; That in & by the said will the said deceased appointed your petitioner
Executrix, and William Griggs, James H. Searles & Josiah V. Griggs Executors
thereof; That the said deceased left the following heirs at Law & next of kin,
to wit. William Griggs, Louisa Griggs & Lydia Jane Griggs all minors residing
with your petitioner and having no general guardian; That he left your
petitioner his widow. That said will related to both real and personal
estate. That your petitioner is desirous of proving said Last will & testament
as a will of real & personal estate, that the same may be accorded as such, in
pursuance of the Statute in such case made & provided. Your petitioner
therefore prays the Surrogate aforesaid, that the necessary steps may be taken
for that purpose before him. And that Isaac B. Griggs of Mentz aforesaid may
be appointed special guardian to the said minor heirs, for the purpose of
appearing for them & taking care of their interests in this matter -
Dated Jany 15th 1845 Nancy Griggs
Cayuga County fs. Nancy Griggs the above petitioner being duly sworn deposes
and says that the facts stated in the above petition by her signed are true to
the best of her knowledge & belief ---
Nancy Griggs
Sworn the 15th day of Jany 1845 before me Chas B Perry
Surrogate
Surrogate Court Cay. Co.
In the matter of the proof & probate of the last will & testament of Alanson
H. Griggs dec. - I, Isaac B. Griggs of Mentz in the County of Cayuga do hereby
consent to act as the special guardian to William Griggs, Louisa Griggs and
Lydia Jane Griggs minor heirs at law & next of kin to Alanson H. Griggs late
of Mentz aforesaid deceased, And as such guardian do hereby waive the service
of the citation required by law to attend the proof and probate of the last
will & testament of said deceased, And do consent that the same may be proved
before the Surrogate of said County, at an time when the same shall be
presented for that purpose. -
In sworn(?) of(?) Witness my hand the 15th day of Jany A.D. 1845
P.H. Perry Charles B Perry Isaac B. Griggs
At a Surrogates Court held at the Surrogates Office in the Village of Auburn
in & for the County of Cayuga on the fifteenth day of January A.D. 1845
Present Charles B. Perry Surrogate
An instrument in writing purporting to be the Last will & testament of Alanson
H. Griggs late of Mentz in said County deceased, was now offered for proof &
probate as a will of real & personal estate pursuant to the Statute, by the
widow of said deceased & Executrix - On filing the consent of the special
guardian to the minor heirs at law of said deceased, waiving the service of
the citation required by law, & consenting that the said will may be proved
before the said Surrogate at any time when the same should be presented
for that purpose, This matter was now brought on to be heard. And the
subscribing witnesses to said will were produced in open Court & testified as
follows -
In the matter of the proof & probate of the last will and testament of Alanson
H. Griggs dec.-Cayuga County, fs. Smith D. Mallory & Simon Knight Junr of
Mentz in said County being duly sworn, each for himself, deposes & says, I was
well acquainted with Alanson H. Griggs late of Mentz aforesaid deceased; I
was present when a certain instrument in writing now here shown to me, dated
the thirtieth day of December last past, purporting to be the last will &
testament of said deceased was executed; I saw the said 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 and signed my name
thereto as such witness in his presence. The 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 knew of Smith D. Mallory
Simon Knight Junr
Sworn this 15th day of January 1845 before me Chas B. Perry Surrogate
Will
December the thirtieth in the year of our Lord eighteen hundred & forty four,
In the name of God, Amen, I Alanson H. Griggs of the Town of Mentz, Cayuga
County & State of New York. Do make & by these presents publish & declare this
to be my Last will and testament, to wit. After my debts are all settled &
paid, I give & bequeath the use & avails of all my property personal & real to
my beloved wife Nancy for the purpose of sustaining her & educating & bringing
up & supporting my children until my youngest heir becomes of age; then the
property to be equally divided between my three children: William, Louisa, &
Lydia Jane after deducting out one third of all my property personal & real
For my said wife, but in case the situation avails of my property should not
be sufficient for the support of my beloved wife & family from sickness or
other causes for the support then my Executors are to use so much of the
principle as may be necessary for their happiness & welfare & further
the above is only binding so long as my beloved wife remains my widow then if
that period should arrive anterior to the majority of my youngest heir then my
property is to be divided, give to my wife one third of all as above stated &
the remaining two thirds to fall into the hands of my Executors for the
support of my children as above stated _ And further my Executors are hereby
qualified to sell or dispose as they may think best my real estate if
necessary or any part thereof for the payment of debts if my personal
property should not pay the same, & furthermore in case my wife Nancy should
desire to remove & dwell in some other place & desires her property to be
removed hither then my Executors are hereby authorized to dispose of my real
estate & load out the same secured by bond & mortgage on real estate as if
advantages offer themselves may invest the same in real estate when my wife
may desire for the purposes above stated And further I hereby authorize &
appoint my beloved wife Nancy as Executrix And my father William Griggs, James
H. Searls & Josiah V. Griggs my brother as Executors of this my Last will &
testament. --
A. H. Griggs S.L.
Signed & sealed this the day & year above mentioned in the presence of Smith
D. Mallory, Simon Knight Gr. the testator at the time & in the presence &
hearing of said witnesses or persons determining the above as written to be
his Last will & testament & requesting them to become witnesses to his said
will by signing their names hereto
Smith D. Mallory, Simon Knight Jr. Witnesses
I hereby certify that the preceeding (sic) is a true record of the
proceedings, proofs, and examinations taken before me in the matter of the
proofs & probate of the last will & testament of Alanson H. Griggs late of
Mentz in the County of Cayuga dec, as a will of real & personal estate, & of
the said will, and that the same were recorded on the fifteenth day of January
, A.D. 1845 Chas. B. Perry Surrogate
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