Rome, Oneida County, NY:
In the name of God, Amen: I, Ebenezer BRIGGS of Rome in the County of Oneida & State of New York, being weak in body but of sound & disposing mind & memory considering the uncertainty of this life do make and publish this my last Will & Testament in manner & form following that is to say:
First & principally I commit my soul into the hands of almighty God & my body to the earth to be buried at the discretion of my Executor & after my debts and funeral charges are paid, I devise & bequeath as follows:
Likewise I give & devise unto my three sons, namely to Cyrus, Ephraim R., and Van Renssellear, all that lot of lands which I bought of Joshua HATHEWAY containing forty eight acres & one fourth, to them & their heirs in fee simple, share & share alike forever.
Likewise I give and devise unto my dearly beloved wife Ephelinday & to my three daughters, Eunice, Lucy, & Olive the acre of land whereon I now live together with the buildings thereon to them & to their heirs & assigns in fee simple forever share & share alike. Also I give all my lease hold plantation, containing one hundred & seven acres or there abouts, for & during the remainder of my estate therein to my said wife & to my three daughters share & share alike. I also bequeath unto my said wife & three daughters all my personal property of every name, nature & description share & share alike, also all debts & demands of every name & description whatever share & share alike to my said wife & three daughters. & in case of the death of my said wife, or of either of my said three daughters, it is my will that the survivors or survivor should receive & have the share and shares of that one or of those who should die leaving no issue, and in case the child with which my said wife now goes should be born a daughter either before or after my decease, it is my will that the daughter so to be born should come in & hold a share with my said wife & three daughters already named upon the same principals & that they should all share alike in the real & personal property already named as being willed to my said wife and three daughters, but in case the child with which my said wife now goes should be born a son, in that case it is my will that he should come in & receive a share of the land already willed to my said three sons, which share should amount to one fourth part of that piece of land already named as having been bought of said HATHEWAY to him the said child to be born as aforesaid & to his heirs & assigns forever, & in case that that son so to be born or either of the said three sons already named should die having no issue, then it is my will that the survivors or survivor should receive the whole or equal shares of that one or of those who should thus die without issue.
Likewise it is my will & I so direct my Executor hereinafter to be named, that my family shall remain & live upon the land already willed to my said wife & daughters until my sons shall respectively come of age & until my daughters shall respectively come of age or are married & that all my personal property shall be at the control of my said wife in supporting bringing up & educating my family, which is to be done with the advice of my Executors hereinafter to be named. & in case there should be an income from the improvement of the lands already devised to my said wife & daughters, & from the increase of the stock now on the farm & from the outstanding debts, which income should it be more than enough to support my family in a proper station, it is my will that the surplus should be turned into money & received by my said Executors hereinafter to be named, & by them to be placed in safe hands an interest, from which surplusage it is my will that my Executors should furnish to my sons as they come of age and to them respectively a young horse saddle & bridle if said surplusage is sufficient for that purpose. And in case of my daughters, it is my will that they should receive as they come of age (to wit twenty-one years of age) their respective shares of the real estate already devised to them or that the time they may be married & their shares of the personal property as the same shall be at the times they may respectively arrive at the age of twenty-one years or be married that their shares shall respectively be set off & divided to them in the discretion & sound judgment of the Executors or the Executors of my Executors or any other three good men who may be agreed upon by the persons interested. And in case my said wife should again marry it is my will that her share should be divided & set off to her in the same manner as is mentioned for the setting off of the shares of my said daughters.
It is further my will that should there be a surplus or increase of property more than is sufficient to furnish my [family] with horses, saddles & bridles as aforesaid, that in such case that surplus should be added to the shares of my wife & daughters share & share alike.
I further give to my aged & honorable mother one good cow or the value thereof.
I also direct that my family have the privilege of making sugar on the land devised to my said sons & to take from said land sufficient of the wood which is old & decaying for the use of my family until my sons shall come of age.
I also devise & bequeath all the rest & residue of my estate both real & personal to be equally divided amongst my sons & daughters which now are or may hereafter be born to me in equal portions share & share alike.
And lastly I do hereby constitute & appoint my brother Joseph BRIGGS, & my brother-in-law Ephraim ROBBINS, Executors of this my last Will & Testament revoking & annulling all former Wills by me made ratifying & confirming this & none other to be my last Will & Testament. In witness whereof I have hereunto set my hand & seal this fourteenth day of February in the year of our Lord eighteen hundred & eighteen.
Signed Sealed Published & declared by Ebenezer BRIGGS the above named testator as for his last Will & Testament in the presence of us who at his request in his presence & in the presence of each other have subscribed our names as witnesses thereto.
Ebenezer BRIGGS [seal]
Be it remembered that on the 8th day of April in the year eighteen hundred & eighteen before me came Eunice PERRY & made oath that she saw Ebenezer BRIGGS execute the Will of which the above is a true record & that she heard the said Ebenezer declare the same as & for his last Will & Testament that he appeared to be of sound & disposing mind & memory when he executed the same & that she with the other two subscribing witnesses were called to attest the same & that they subscribed the same in the presence of the testator & in the presence of each other.
J. HATHEWAY, Surrogate
The People of the State of New York, by the grace of God, free and independent. To all to whom these presents shall come or may concern send greeting. Know ye that at Rome in Oneida County before Joshua HATHEWAY, Esq., Surrogate of our said County, the last Will and Testament of Ebenezer BRIGGS deceased (a copy whereof is hereunto annexed), was proved and is now approved and allowed of by us, and the said deceased having while he lived, and at the time of his death, goods, chattels, and credit, within this state, by means whereof the proving and registering the said Will, and the granting administration of all and singular the said goods, chattels and credits, and also the auditing allowing and final discharging the account thereof, both belong unto us, the administration of all and singular and singular the goods, chattels and credits of the said deceased, and any way concerning his Will, is granted unto Joseph BRIGGS & Ephraim ROBBINS, Executors in the said Will named they being first duly sworn well & faithfully to administer the same, and to make and exhibit a true and perfect inventory of all and singular the said goods, chattels & credits, and also to render a just and true account thereof when thereunto required. In Testimony Whereof, we have caused the Seal of Office of our said Surrogate to be hereunto affixed, Witness Joshua HATHEWAY, Esquire, Surrogate of the said County at Rome the eighth day of April in the year of our Lord one thousand eight hundred and eighteen and of our Independence the Forty second.
(Please email me if you are related to this family - thanks, Mic Andrus)