WILL: Levi Francisco; Canandaigua, Ontario
co., NY
Surnames: Francisco, Vanderhoof, Gifford, Robinson, Fires,
Rifenburg, Bradt,
Brandow,
Submitted by Virginia LaVancher (landlady52@webtv.net)
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Submitted Date: March 7,2005
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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)
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