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The last will & testament of Lucas Terpening of the

Town of Ira in the County of Cayuga and State of New York
 

To the Surrogate of the County of Cayuga.
The petition of John E. Terpening of the town of Lysander County of (Cayuga is crossed out) Onondaga & the State of New York respectfully & herewith _
That Lucas Turpening late of the town of Ira in the County of Cayuga & State of New York, departed this life, on or about the twenty fifth day of April in the Year of our Lord one thousand eight hundred & forty two - That the said deceased was at the time of his death, an inhabitant of the said County of Cayuga - That he left a last will & Testament which is dated the seventeenth day of August in the year of our Lord one thousand eight hundred & forty one - That in the said will the said deceased appointed your petitioner & James H. Ferris executors thereof, That the said deceased left the following his being at Law next of kin to wit: Susan Cole wife of William Cole & Esther Ferris wife of James H. Ferris of Butler Wayne County - Cornelius Terpening of Harland, Niagara County, Lucas Terpening, William Terpening, Abram Terpening, Hannah Ferris wife of Henry H. Ferris & Harriet Vaughan, Wife of Augustus F. Vaughan of Ira Cayuga County, Peter F. Terpening whose place of residence is unknown & your petitioner - That he left Hannah Terpening his widow residing in Ira aforesaid - That the said will relates to both Real and personal estate - That the said Abram Terpening is a minor & has no general guardian - That you petitioner is desirous of proving said last will & testament as a will of real estate, that the same may be accorded as such in pursuance of the Statute in such case made and provided. Your petitioner therefore prays the Surrogate aforesaid, That the necessary steps may be taken before him for that purpose - & that James Dudley of Ira aforesaid may be appointed Special Guardian to the said minor heir at law for the purpose of appearing for him & taking care of his interests in this matter - Dated 27th July 1842 - John E. Terpening

Cayuga County - John E. Terpening, being duly sworn deposes & says that the facts stated in the above petition by him signed are true to the best of his knowledge & belief. Sworn this 27th Day of July 1842 before me -

Geo. H. Wood Surrogate

John E. Terpening

Surrogate Court
In the Matter of the Proof & probate of the last will & testament of Lucas Terpening decd. [This is the abbreviation used for 'deceased' through out the document]

I, James Dudley, of Ira Cayuga County do hereby consent to act as the special guardian to Abram Terpening as minor heir at law of Lucas Terpening late of Ira aforesaid deceased, for the purpose of appearing for him, taking care of his interests in this matter. Witness my hand the 27th day of July 1842 In presence of Lewis Slocum -- Jas. Dudley

The people of the State of New York by the grace of God free & independent To Peter [appears to be the initial F] Terpening whose place of residence is unknown, one of the heirs at law of Lucas Terpening. late of Ira in the County of Cayuga deceased, Greeting - You are hereby cited & required personally to be & appear before our Surrogate of our County of Cayuga at his office in Auburn in Said County on the twelfth day of September next at ten o'clock in the forenoon of that day, to attend the proof & probate of the last will & testament of the said deceased, which relates to both real & personal estate, & is presented for proof & probate by John E. Terpening an Executor therein named; & hereof fail not -
[The initials L. S. appear to the left of the following statement]
In testimony whereof we have caused the seal of Office of our said Surrogate to be hereunto affixed. Witness George H. Wood Surrogate of said County ( [at Auburn] is inserted ) the twenty seventh day of July in the Year of our Lord one thousand eight hundred & forty two.



State of New York City & County of Albany, E. U. Graves of the city of Albany being duly sworn deposes & says that he is foreman in the office of the Albany Evening Journal, the paper published by the printer to the State, & that the notice of which the annexed is a printed copy, has been regularly published in said Albany Evening Journal, once in each week for six weeks successively, commencing on the twenty ninth day of July last past. Edward U. Graves

Sworn [(before me) is inserted here] this 2nd day of September 1842, W. A. Corbiere Commissioner of Deeds.

Surrogate Court _ Cay. Co. In the matter of the proof & probate of the last will & testament of Lucas Terpening decd. We the undersigned widow heirs at law next of kin to & special guardian to the minor heirs at law of Lucas Terpening, late of the town of Ira in the county of Cayuga, deceased, do here by waive the service of the citation required by law to attend the proof & probate of the last will & testament of the said deceased, We consent that the same may be proved before the Surrogate of Cayuga County at any time when the same shall be presented for that purpose
Witness our hands the 27th day of July A.D. 1842 -
In presence of Henry H. Ferris as to Cornelius Terpening
William Terpening _ William Cole _ Susan Cole
James H. Ferris, Esther Ferris
Lewis Slocum James Dudley, special Guardian to
Abram Terpening
Abraham Terpening Hannah Terpening _ William Terpening.
Washington Harris
Harvey D. Ferris Henry H. Ferris - Hannah Ferris
Davis Gould Augustus F. Vaun, Harriet Vaun
William Harris Lucas Terpening


At a Surrogate Court held at the Surrogates Office in the Village of Auburn in & for the County of Cayuga on the Twelfth day of September A.D. 1842 Present George H. Wood Surrogate _
An instrument in the writing purporting to be the last will & testament of Lucas Terpening late of the town of Ira in said County deceased was offered for proof & probate as a will of real & personal estate pursuant to the Statute; On filing due proof of the publication of the citation filed in this matter, & the consent of the widow, heirs at law & special guardian to the minor - to the minor heir at law of said deceased naming the service of a citation in this matter & consenting that said will may be proved at any time when the same shall be presented for that purpose this matter was now brought on to be heard, & the subscribing witnesses to said will were produced in open court & testified as follow:

In the matter of the proof and probate of the last will & testament of Lucas Terpening decd. Cayuga County| William Smith Ingham of the town of Cato in said county being duly sworn deposes & says - I was well acquainted with Lucas Terpening late of Ira in said County deceased _ I was present when a certain instrument in writing now here shown to me, dated the seventeenth day of August A. D. 1841 purporting to be the last will & testament of said deceased was executed _ I saw the 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 be come a subscribing witness to the execution thereof _ I did so & signed my name thereto as such witness in his presence. The said 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 know of W. Smith Ingham
Sworn this 12th day of September 1842 before me Geo. H. Wood Surrogate

In the matter of the proof and probate of the last will & testament of Lucas Terpening Decd. Cayuga County|_ James Hitchcock of Cato in said county being duly sworn deposes & says - I was well acquainted with Lucas Terpening late of Ira in said County deceased _ I was present when a certain instrument in writing now here shown to me, dated the seventeenth day of August A. D. 1841 purporting to be the last will & testament of said deceased was executed _ I saw the 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 & signed my name thereto as such witness in his presence __ The said deceased was in my opinion at the time of the execution of said instrument of a sound and disposing mind & memory and 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 know of Jas. Hicock
Sworn this 12th day of September 1842 before me Geo H. Wood Surrogate


In the matter of the proof and probate of the last will & testament of Lucas Terpening Decd. Cayuga County|_ John E Terpening of Lysander Onondaga County, being duly sworn deposes & says _ The instrument in writing mentioned in the foregoing testimony was found by me after the death of the said deceased in his desk among his private papers _ I think the same was placed there by the deceased.  I took possession of the same & kept it safely until I brought it before the said Surrogate for proof While said instrument was in my possession it was in no respect altered or erased John E. Terpening
Sworn this 12th day of September 1842 before me Geo H. Wood Surrogate


The last will & testament of
Lucas Terpening of the Town of Ira in the County of Cayuga and State of New York.__

I, Lucas Terpening aged sixty four years and upward being desirous to discharge the duty which I owe my family by making such provision for the distribution of my property as shall be just and equitable, do make publish and declare this to be my last will and testament as follows hereby revoking all former wills __
First. I direct that the expenses of my last sickness and of my funeral shall be paid in preference to any devise or legacy herein contained
Second. I give and bequeathed to my esteemed wife Hannah so long as she shall remain my widow the use of my slip in the Baptist Meeting house at Cato 4 Corners, one good horse, my one horse wagon and cutter and a good ample & honorable support from my estate, and the use of the west one half of my house in which I now reside, together with all necessary & proper furniture and also the support of the horse to be furnished and supplied to her by my son Abram after he shall become possessed of the farm herein willed to him, until which time my executors whom I shall hereafter name, are charged with the provisions above made And in case my son Abraham [the 'ah' appears to be crossed out, to make it Abram] shall refuse or neglect to fulfill the provisions of this will relating to my wife _ I authorize my executors to provide for her and charge the property herein willed to my son Abram. subject to the above provisions _ And I hereby provide that my son Abram shall not have power by anything contained in this will to dispose of the portion of land bequeathed to him herein until he shall give my said wife a good & sufficient guarantee for the fulfillment of all & every the provisions contained herein for my said wife. the sufficiency of which security shall be determined by my ([said] is inserted here) executors __ Third. "Whereas my son Peter F Terpening has left his former place of residence and family and gone to a place unknown to me, I therefore direct my executors to sell the farm formerly occupied by him on Lot Number seventy two in the town of Ira (formerly Cato) containing one hundred & four acres and one hundredth of an acre of Land and from the avails of the said farm pay all his just and honest debts contracted previous to the second day of February one thousand eight hundred & thirty seven at which time he went away, and the balance after the payment of such debts as aforesaid, I direct my said executors in case my said son shall return, to pay over to him as fast as they can obtain it from the purchaser or purchasers of said farm, the interest of which until he shall return, shall be applied to the maintenance & support of the infant children Peter & Jane of my said son Peter, born previous to the second day of February one thousand eight hundred & thirty seven & in case he shall not return or shall die the interest to be appropriated as aforesaid to the benefit of said children during their natural lives in the proportion of two dollars to Peter & ['to' is crossed out and replaced by the &] one dollar to Jane _ I direct that any money ['that' is inserted] may become chargeable to me or my estate by reason of a bond given to William Cole on account of the infant Peter named in the will, shall be paid from the awards of the said land above described upon which my said son Peter formerly resided _ Fourth, I give and bequeath to my son Lucas Terpening, the undivided one half of the residue of all the Land which I may die seized on said Lot number seventy two. to be located in the southwest corner thereof.
Fifth. I give and bequeath to my son William Terpening the residue of all land of which I may die seized on Lot number seventy two aforesaid being the other half of the land described in my bequest to my son Lucas, excepting and reserving the ground occupied by the cedar mill & the mill just erected and sufficient land for convenience in doing business at said mill for the use of my heirs jointly and severally as they may wish so long as the mill shall stand.
Sixth. I give and bequeath to my son Abram all the land may die seized on Lot number Sixty Ira (formerly Cato) excepting about half of one acre of land in the south west corner of the land hereby willed to him subject however to the provisions contained in the second article of this my last will & testament relating to him and the support of my esteemed wife _ also one good horse, saddle & bridle and one bed & bedding for the house.
Seventh. I order that my slip in the meeting house aforesaid remain unsold and when my wife shall cease to use it that it be occupied by members of my family that may choose to occupy it.
Eighth. I order that whatever may remain of my personal property after the payment of all my just & honest debts and the legacies herein contained and made including the horse wagon and cutter to my wife and the furniture for her use shall remain for the use and benefit of the child remaining at the house and under age until the youngest shall attain ['to' is inserted] the age of twenty one years and then to be equally divided among all my children then living. excepting the horse wagon cutter & furniture for the use of my wife, which shall at the decease of my wife go to my son Abram.

Lastly, I nominate and hereby appoint my Son,  John E. Terpening,  and my son in law, James H. Ferris,  executors of this my last will & testament and guardian of my infant child and also trustees of my estate, to take supervision thereof and carry into effect the provisions of this my last will and testament
In testimony whereof I have hereunto set my hand & seal this seventeenth day of August one thousand eight hundred & forty one.
Lucas Terpening, L. S.

The above and foregoing instrument consisting of one sheet of paper was subscribed by Lucas Terpening in our presence and was declared by him to be his last will & testament, and we at his request have signed our names hereto as witnesses in the presence of each other and in the presence of the testator.
W. Smith Ingham of Cato Cayuga, County New York
Jas. Hickock of Cato Cayuga County, New York

I hereby certify that the proceeding is a true record of the proceedings proofs & examinations taken before me at Auburn in the matter of the proof & probate of the last will and testament of Lucas Terpening late of the town of Ira in the County of Cayuga deceased, as a will of real & personal estate, and also of the said will, and that the same are recorded on the twelfth day of September the year of our Lord one thousand eight hundred & forty two.
Geo H. Wood Surrogate
 

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