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JOSEPH JOHNSON    Feb 1832                contributed by  Joanna

The last will and testament of Joseph Johnson of Manchester in the County of Ontario and state of New York. I the said Joseph Johnson
considering the uncertainty of this mortal life and being of sound mind and memory (blessed be the Almighty God for the same) do make and
publish this my last will and testament in manner and form following that is to say:
 First. I give devise and bequeath unto my beloved wife Betsey Johnson and my eldest son Marcus Johnson all my estate real and personal in the
state of New York. To have and to hold (subject nevertheless to and charged as hereafter mentioned) to them the said Betsey Johnson and Marcus for and during their natural lives. the same upon the death of either to be the property of the survivor during his or her life and when both the said Betsey and the said Marcus shall have deceased it is my will that the said property shall belong and I do hereby give devised and bequeath the same to the heirs of the said Marcus Johnson their heirs and assigns forever to be divided equally between them if children of the said Marcus Johnson and if otherwise is made to a manner that each male shall have double the portion each female. In case the said Marcus shall outlive the said Betsey however then the preceding disposition to the heirs of the said Marcus upon the death of him and the said Betsey is not to take the effect but the said property is to belong and I do hereby give devise and bequeath the same to the said Marcus absolutely in fee simple. The bequest of the personal property above mentioned is hereby so far qualified in respect to the household furniture as that the said Betsey shall have the privilege of giving the
same or any part thereof to either or all of her children by will.
 Secondly. I give devise and bequeath unto my two sons Joseph Johnson and Jared Johnson all my real estate in the territory of Michigan and all
claim which I have for the conveyance of real estate in said territory to have and to hold the same in equal parts unto them the said Joseph
and Jared their heirs and assigns forever.
Thirdly. I give and bequeath unto my daughters Zipporah Johnson, Polly Johnson, Dighton Johnson one hundred and fifty dollars each, the share
of each to be paid her upon her marriage and not before by the said Betsey and Marcus out of the property herein before bequeathed and
devised to the said Betsey and Marcus.
Fourthly. I give and bequeath unto my son William Johnson the sum of three hundred and fifty dollars to be paid him by the said Betsey and
Marcus out of the property herein before bequeathed and devised to them when he shall arrive at the age of twenty one years.
Fifthly. It is my will that my children shall have a home with the said Betsey and Marcus and the children of the said Marcus and be supported
and decently educated while with them out of the property herein before bequeathed and devised to the said Betsey and Marcus so long as they
need such home and support or desire the same they performing such work for the said Betsey and Marcus while with them as they may be able to
do. Also that the taxes which shall be assessed or imposed upon or on account of the property herein before given to Joseph Johnson and Jared
Johnson shall be pre???ly paid out of the property herein before given to the said Betsey and Marcus until the said Joseph and Jared shall be
of full age. And also that the interest hereby given to the said Betsey Johnson shall be in lieu of all claims of dower on her part and all other claims in or to my estate or any part thereof.
 Sixthly. It is my will that the said Betsey and Marcus shall pay all debts due or owing from me at my decease and all my funeral expenses out
of the property herein before bequeathed and devised to them.
 Seventhly. It is my will that the said Joseph Johnson Jared Johnson and William Johnson shall each have the last year of his minority for laboring for his own benefit and advantage and that their services previous to said year shall be fore the benefit of the said Betsey and Marcus.
 Eighthly. I do hereby change the real estate herein before devised to the said Betsey and Marcus to and with the payment of all debts and legacies and funeral expenses as whom mentioned and with the support and for a home as aforesaid for my children and I do declare that the said real estate is hereby charged with the payment of and liens and incumbrances (sic.) thereon.
 Ninethly. I do hereby appoint the said Betsey and Marcus executrix and executor of this my last will and testament and guardians of my minor
children until they arrive at full age. And I do hereby revoke all former wills by me made.
 
My children Eliza Birth, Nathaniel Johnson and John Johnson I have already sufficiently provided for.
 
In witness whereof I have hereunto set my hand and seal this twenty fifth day of February AD 1832.
 
The above instrument consisting of one sheet was subscribed by Joseph Johnson the testator in our presence and was declared by him to be his
last will and testament and we at his request have signed our names hereto as witnesses.
 Joseph Hudson of the town of Macedon, County of Wayne
Evan Fitzgerald of the town of Manchester, County of Ontario

 

County of Ontario Surrogates Court                           To Mark H. Sibley, Surrogate of the County of Ontario
 
The petition of Marcus Johnson of Manchester in the county of Ontario and State of New York respectively showeth that Joseph Johnson late of
Manchester Ontario County New York departed this life in said town on the second day of June in the year 1848 having provisionally as your
petitioner is informed and believes duly made and executed his last will and testament, that your petitioner is one of the executors named in said will, that the said decedent was a citizen of the United States, that he was at or immediately previous to his death an inhabitant of the county of Ontario and that his said last will and testament relates to both real and personal estate.
 Your petitioner further shows that the heirs and next of kin of the said Joseph Johnson deceased are William S. Johnson, Polly Johnson, Dighton
Johnson and your petitioner. All residing in the town of Manchester Ontario County New York. Eliza Bird wife of Gardner Bird residing in the
town of Brighton County of Livingston Michigan, Zipporah Howland, wife of Gilbert Howland residing in Hillsdale County Michigan, Nathaniel P.
Johnson residing in the town of Palmyra Wayne County New York, John S. Johnson residing in the town of Brighton Livingston County Michigan
Joseph Johnson residing in Troy, G?? county Ohio and Jared Johnson residing in Hiram, Portage County Ohio, his only children that Betsey Johnson residing in the town of Manchester Ontario County New York of full age is the widow of the said Joseph Johnson deceased.
 Your petitioner further shows that he is informed and believes that the Surrogate of the county of Ontario has jurisdiction to take the proof of the said last will and testament and over the executors thereof and the power of granting letters testamentary thereof with all powers incidental thereto, and that he is desirous that such proof should be taken and such letters granted and that such further or other proceedings in this premises should be had, as may be legal and proper.
 Your petitioner therefore prays that a citation may issue out of, and consider the seat of this court, to be directed to the proper persons pursuant to the statute in such case made and provided requiring them and each of them at such time and place as shall be in said citations mentioned, to appear and attend probate of this the said last will and testament and that such further or other proceedings in the premises should be duly had as may be requisite to the proving and recording of the said last will and testament, and the granting probate and letters testamentary thereof, and your petitioner will ever pray ....???
 
Dated this 27th day June A.D. 1848
 Marcus Johnson
 
State of New York
Ontario County ss: on this twenty seventh day of June in the year one thousand eight hundred and forty eight personally appeared before me
Marcus Johnson the petitioner named in the foregoing petition who being by me duly sworn did depose and say that he had here read the foregoing
petition by him subscribed and knows the contents thereof and that the same was true of his own knowledge except as to the matters of therein
stated on his information and belief and as to those matters he believes it to be true.
 ??? H. Howell
Clerk of Ontario County

 

 

 

 

 

 

 

 

 

 

 

 

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