WILL: Levi Francisco;  Canandaigua, Ontario co., NY
Surnames: Francisco, Vanderhoof, Gifford, Robinson, Fires, Rifenburg, Bradt,
Brandow,

Submitted by Virginia LaVancher (landlady52@webtv.net)
************************************************
Copyright.  All rights reserved.
http://www.rootsweb.com/~usgenweb/copyright.htm

http://www.rootsweb.com/~usgenweb/ny/nyfiles.htm

Submitted Date: March 7,2005
This file has been created by a form at http://www.poppet.org/nyfiles/
File size: 12.2 Kb
************************************************
Source: Sampubco Copy
Written: August 13, 1842
Recorded: March 11, 1844

Transcribed from SAMPUBCO copy by Virginia A. LaVancher
Oneida County, New York

LAST WILL AND TESTAMENT OF LEVI FRANCISCO
Written 13 Aug 1842-Proved 11 Mar 1844
This document is transcribed verbatim, all spelling as in original document. Editorial notes for clarification are contained in parentheses.


At a surrogates court held at the surrogates office at the town of Canandaigua and for the county of Ontario, on the twenty second day of January A.D. 1844.  
Present Orson Benjamin, Surrogate. 

In the matter of proving the last will and testament of Levi Francisco late of the town of Gorham in the county of Ontario deceased relating to both real and personal estate.  On reading and filing the petition of Adam Fake and Thomas Tuft executors of the last will and testament of Levi Francisco late of the town of Gorham in the county of Ontario deceased; it appearing that Pamelia Vanderhoof, Phoebe Vanderhoof, Levi Vanderhoof, George Francisco, Elizabeth Robertson (Robinson), Levi Robertson (Robinson), Jaber Robertson (Robinson), Jedida Robertson (Robinson), Eli Robertson (Robinson) and other children of Hannah Robertson (Robinson) late Hannah Francisco, now deceased, whose names are not known, are minors under the age of twenty one years, have no general guardians in this state and are severally interested in the proceedings to be held upon the said petition.  It is therefore ordered that Levi Francisco of the town of Gorham who appears in court and consents thereto, be said he is hereby appointed special guardian for the said minors for the sole and only purpose of appearing for and taking care of the interests of the said minors in the proceedings to be held upon the said petition which is for the proof of the said will.
      
Orson Benjamin, Surrogate (signed)

Having through the favor of God attained to an advanced age and being admonished by the impurities incident thereto that the day of my departure from this state of existence is at hand, I Levi Francisco of the town of Gorham in the county of Ontario, for the purpose of arranging my mortally concerns do make and publish
this my last will and testament.  In manner following:

1stly  I give and devise to my wife Abigail the use of one third part of my estate for her support and maintenance during her natural life, as her legal _____.  2ndly I hereby direct and order that my estate be divided and apportioned into eleven equal shares and I hereby give grant and bequeath the eleven shares as follows:                 

To the heirs of my son John L. Francisco, deceased, one share.  To my sons Michael L. Francisco, Stephen L. Francisco and Levi Francisco Jr. to each one share. To the heirs of my daughter Sarah, deceased, late the wife of Gilbert Vanderhoof one share.  To the heirs of my daughter Elizabeth deceased, late the wife of Nathaniel Gifford, one share.  To the heirs of my daughter Hannah, deceased, late the wife of Jeremiah Robinson, one share. To the heirs of my daughter Mary now the wife of John Fires, one share.  To the heirs of my daughter Phoebe now the wife of George J. Rifenburg, one share.  To the heirs of my daughter Charity now the wife of Jacob Bradt, one share.  To the heirs of my daughter Lavina now the wife of John Brandow Jr., one share. And whereas the dwelling house in which I now reside was built by me but is standing on land owned by my son Levi Francisco Jr. Now, therefore, I hereby order and direct that the executors of this my last will and testament sell and dispose of this said dwelling house as a part of my estate and if in their judgment it shall be expedient to remove the said building from its present site, I hereby direct such removal to be made under their direction.  Lastly, I hereby nominate and appoint my trusty friend Adam Fake, Esq and my son Stephen L. Francisco, executor of this my last will and testament.  In witness thereof I have hereunto set my hand and seal, and I hereby authorize and direct my said executors to sell and convey all or any part of my estate and good and lawful conveyances thereof to execute and deliver. Signed, sealed, published and declared by the said Levi Francisco this thirteenth day of August in the year of our Lord one Thousand eight hundred and forty two to be his last will and testament.
                                           Levi Francisco
(signed)                                                     (Seal)
      

In the presence of us who have hereunto subscribed our names as witnesses at his
request, in his presence and in the presence of each other.
         C. A. Loomis of Gorham, Ontario Co., N.Y.
         Chester Loomis of Gorham, Ontario Co., N.Y.

I Levi Francisco of Gorham in the county of Ontario being of sound, disposing mind and memory do make ordain publish and declare the following supplement or codicil to my last will and testament as herein contained.  Firstly, I direct that my executors pay to my son Levi Francisco Jr. the sum of ten dollars only instead of the equal share as directed in my said will to which this is a supplement or codicil. Secondly, I appoint Thomas Tuft executor of my last will and testament instead of Stephen L. Francisco.  The above is subscribed and declared by the said Levi Francisco to be a supplement and codicil to his last will and testament which was executed on the thirteenth day of August in the year of our Lord one thousand eight hundred and forty two.  And the said Levi Francisco hath and subscribed and declared this instrument in the presence of each of us, as witnesses who in his presence and at his request have signed our names as such; this fourteenth day of March in the year of our Lord one thousand eight hundred and forty three.
                                       Levi (his mark) Francisco

 Adam Fake of Gorham, Ontario County
 William Francisco of same place.


At a surrogates court held at the surrogates office at the town of Canandaigua in the county of Ontario on the eleventh day of March A.D. 1844. Present
Orson Benjamin Surrogate.

In the matter of proving the last will and testament of Levi Francisco, late of the town of Gorham in the county of Ontario, deceased relating to both real and personal estate.  The citation served in this matter on the twenty second day of January 1844 to the widow heirs and next of kin of the said deceased to attend the proof of the last will and testament of the said deceased this day having been duly served and together with proof of service filed in the office, and Thomas Tuft and Adam Fake, executors of the said will appearing and desiring to have the said will proved, and no cause appearing to the contrary it is ordered that proofs of the said will be now taken; and the said Surrogate now ____ proceeds to hear and take the proofs of the said will; which proof will appear in and by the following depositions that is to say; Chester Loomis one of the subscribing witnesses to the said will appearing and being sworn, testifies as follows:  I Chester Loomis reside in the town of Gorham in the county of Ontario and State of New York, and am of lawful age and am a judge of the county courts of said county.  On or about the thirteenth day of August 1842, I was called upon by Levi Francisco late of the town of Gorham in the county of Ontario, deceased, with whom I was acquainted to draw up for him his last will and testament.  This I believe was at my private residence and I did thereupon in the presence of the said deceased and agreeably to his dictation draw up the instrument now here shown to me, of the date last mentioned, as and for the last will and testament of the said deceased, & when completed I read the said instrument to the said deceased carefully in his hearing and with which he expressed himself justified and subscribed the same with his name at the end opposite a seal as the same now appears and declared the said instrument to be his last will and testament which signing and declaration was made and done the presence of my son Charles A. Loomis who now resides  at Columbus it the state of Ohio, as well as myself; and we at the same time by the request of the testator & in his presence subscribed our respective names as witnesses to the said will, as the same now appears.  The said Levi Francisco was at that time sound in his mind and memory and acted freely and voluntarily in what he did, and in my opinion he was in all respects competent to devise real estate.  After it was executed, the testator took the said will into his own possession.                                    
Chester Loomis (signed)

Subscribed & sworn in open court this 11th day of March 1844 before me,
Orson Benjamin, Surrogate.

Adam Fake a subscribing witness to a supplement or codicil to the said will, being sworn and examined, testifies as follows.  I Adam Fake reside in the town of Gorham in the county of Ontario, of lawful age, am a farmer by profession.  I was well acquainted with Levi Francisco late of the place aforesaid in his lifetime; and by his request and agreeably to his dictation, I drew up the codicil or supplement endorsed upon the last will and testament of the said deceased now here shown to me on the day it bears date; the 14th day of March 1843. When completed I carefully read the said codicil to the said deceased in his hearing, with which he expressed himself satisfied and adopted the same as a part of his last will & testament; and therefore made his cross or mark between his names at the end, written by me by his request because he had a sore on his hand and his eyesight was very poor as he said, and at the same time he declared the said codicil to be a part of his last will and testament, and by his request and in his presence, William Francisco who now resides in the State of Michigan and myself, severally subscribed our names as witnesses to the said codicil.  The said testator at that time acted freely and without restraint, and was in my  opinion, in all respects competent to make his will.  The said will and codicil were at that time taken by the testator into his own possession. 
                                                                                 
                             Adam Fake (signed)

Subscribed and sworn in open court this 11 March 1844 before me,
Orson Benjamin, Surrogate (signed)

And the said Adam Fake on his oath further says, that he as executor named in the said will obtained the said will and codicil from Abigail Francisco widow of the said testator after his death and delivered the same to the Surrogate of Ontario county for the purpose of being proved, in the same condition as the same now appear, and in the same condition at when the said codicil was executed.   
Adam Fake (signed)

Subscribed & sworn in open court, this 11 March 1844, before me
Orson Benjamin, Surrogate (signed)

Whereupon, I the said surrogate upon the foregoing proofs, being satisfied of the genuineness and validity of the said will do order that the same be admitted to probate, and that the said will together with the forgoing proofs be recorded.           
                                Orson Benjamain,Surrogate (signed)

I certify that the foregoing will of Levi Francisco deceased, relating to both real and personal property was as such duly proved before me, and together with the foregoing proofs thereof, was by me duly recorded and executed this 11th day of March A.D. 1844.    
                                 Orson Benjamin, Surrogate (signed)



Return to Ontario County Homepage

Copyright © 2005, Ontario County NYGenWeb and each contributor and author of materials herein. All rights reserved.