At a Surrogate Court held in and for Tompkins County at the County Judge office in Ithaca
Oct 19, 1853
An Instrument purporting to be the last Will & Testament of Elias FRAZER bearing date
The 22d day of August in the year 1853 was produced in Court and shown to each of the persons sworn as witnesses as herein after mentioned which instrument viz in the words and Figures following To Wit.
I Elias FRAZER now of Ithaca in the County of Tompkins, late of Hector in said County do make publish and declare this my last Will and Testament as follows.
First, I give and bequeath to Obedience Y.CLEVELAND the sum of Forty Four Dollars.
Second, I give and bequeath to Stafford C. CLEVELAND the sum of Twenty Dollars.
Third, I give and bequeath to Olive H. FRASER all the household furniture being in the house occupied by the said Olive. My wife Jemima FRASER & Jefferson FRASER in Elmira, Chemung County. I also give and bequeath to the said Olive H. FRASER the sum of four hundred dollars to be paid to her after the expiration of the lease of my farm in Hector, Tompkins County which lease was heretofore made by me to Stafford C. CLEVELAND and others and which lease by it's term runs twelve years from the date of such lease.
Fourth, I give and bequeath to Jefferson FRASER the sum of twenty dollars.
Fifth, I give and bequeath all the residue of my personal property and I devise all my real estate wherever situated subject to the claim of dower of my wife Jemima FRASER in my real estate if she survives me, to the three youngest sons of my brother Allen FRASER as tenants in common. Therin and to their heirs forever, which three youngest sons of my brother Allen FRASER I believe to be named respectively Milton FRASER, Harvey FRASER, and Westell FRASER, subject only to the trust in my executor to sell such real estate as herein after declared.
Sixth, I do hereby devise all my real estate to my executor hereinafter named in trust only for the purpose of selling the same hereby vesting in him and declaring in him a power for that purpose, and hereby directing my executor hereinafter named, to sell the same at such time after my decease and upon such terms as to him shall seem best for the interest or advantage of the estate above devised to the three youngest sons of my brother Allen FRASER as aforesaid and hereby vesting in my said executor hereinafter named full power and authority upon such sale or sales to make execute and deliver to the purchaser or purchasers of the same fit and proper deed or deeds of conveyance of the same and hereby directing my said executor hereinafter named to distribute the proceeds of such sale or sales in equal proportion to the said three youngest sons of my brother Allen FRASER subject to any claim of my said wife if she survives me in such proceeds which she may have by law and further subject to the payment of the several bequests above named in case my other property is not sufficient to pay them.
Seventh, I do hereby revoke all former wills by me made.
Eighth, I do hereby appoint my friend John L. WHITON sole executor of this my last will and testament. In Witness whereof I have hereunto set my hand and seal this 22d day of August, 1853
Elias FRASER L.L.
The above instrument consisting of one sheet was at the date thereof declared to me by Elias FRAZER the testator therein mentioned to be his last will and testament and he at the same time acknowledged to us, and each of us that he had signed and sealed the same and we thereupon at his request and in his presence and in the presence of each other signed our names thereto as attesting witnesses.
Wait (?)HUNTINGTON Ithaca, Tompkins Co.
Marcus LYON Ithaca, Tompkins Co.
Wait HUNTINGTON of the town of Ithaca in the County of Tompkins being first duly sworn deposeth and saith that he was acquainted with the above mentioned Elias FRAZER deceased in his lifetime. That he saw the said Elias FRAZER deceased subscribe at the end thereof the instrument now shown to this deponent purporting to be the last will and testament of the said Elias FRAZER and above described that he heard the said Elias FRAZER declare the same to be his last will and testament that this deponent subscribed his name as a witness thereto in the presence & at the request of the said Elias FRAZER that the said Elias FRAZER was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint and that he was about 60 years of age that he died on or about the month of September in the year 1853 & was a resident of the town of Hector in the County of Tompkins at the time of his death.
Marcus LYON of the town of Ithaca in the County of Tompkins being first duly sworn deposeth and saith that he was acquainted with the above mentioned Elias FRAZER deceased in his lifetime that he saw the said Elias FRAZER deceased subscribe at the end thereof the instrument now shown to this deponent proporting to be the last will and testament of the said Elias FRAZER and above described that he heard the said Elias FRAZER declare the same to be his last will and testament. That the deponent subscribed his name as a witness thereto in the presence and at the request of the said Elias FRAZER. That the said Elias FRAZER was at the time in the opinion and belief of the deponent of sound mind and memory and not under any restraint and that he was about 62 or 70 years of age, that he died on or about the 22d day of September in the year 1853and was a resident of the town of Ithaca in the County of Tompkins at the time of his death.
John L. WHITON being first duly sworn says that he rec'd said instruments of Moses R. WRIGHT on or about the 22d day of September 1853. Since that time the same had been in his custody until it was handed to the County Judge at Tompkins and it was in no respect altered while in his possession.
John L. WHITON
I hereby certify that the foregong is a true record of the original will of Elias Frazer late of Ithaca deceased and of the original proofs relating thereto. Dated Oct 19 1853