Daniel Vail Test. in John Ackles' Will
Contains the names ACKLES, VAIL, SEELY, and KING.
John ACKLES Will
Onondaga County, NY, Book H, pages
page 324 - 326 Testimony
Onondaga County, NY, Book H, pages
page 324 - 326 Testimony
Onondaga County ? Daniel Vail of the town of Tully, in the County of Onondaga, having duly sworn and and examined, doth depose and say that he this deposed (?) was well acquainted with John Ackles, late of the town of Tully, in the county of Onondaga, deceased.That this deposed (?) was present as a witness and did see the said John Ackles subscribe at the end thereof the instrument now produced and shown to this deposed (?) purporting to be the last will and testament of the said deceased, bearing date the 9th day of January in the year of our Lord one thousand eight hundred and forty-four.That the said testator at the same time declared the instrument so subscribed by him to be his last will and testament.That thereupon this deposed (?) and Schuyler King subscribed their names at the end thereof as witnesses thereto at the request of the testator, in his presence, and that the said testator at the time of executing and publishing the said last will and testament was of full age and was in any opinion of sound mind and memory, not under restraint and was as I suppose in all aspects competent to make a last will and testament.That the said testator dictated all the will except one clause.He insisted uponthe deposed (?) being trustee to his idiot son and this deposed (?) insisted upon another person being appointed with him as trustee and the other trustee was selected by the testator.Cross examination.I drew this will at the testator’s request, I can’t tell who came for me to come down and do some writings for him.I went ? afternoon, that I was sent for previous to being sent for. I had no conversation with anybody about drawing a will between this time.His will was commenced and the time it was finished I had conversation with Mr. Seely in reference to his being a trustee.I took him out and talked with him but on no other part of the will and that is all the conversation I had with anybody about it.On my arrival at the house of the testator, I went into the kitchen.Mr. Seely & others were there, no one that I recollect told me what was to be done until I went into the other room.I rather think I took a book containing a p?dent of a will with me.Betwixt the testator & me after a few words I said uncle John, you have sent for me to come down, he said, Yes, I am glad you have come.He then spoke of having his business arranged on that I shall draw a will as he did not expect to live long, don’t recollect that I suggested that he had sent for me to draw a will.I had some paper with me fixed for writing and after I get the head written I asked him to state over what he wished to have written & he went on I started ? and ? of what I wrote.I wrote a spell from recollection, cannot say whether I asked him what he was going to do with the widow.I wrote along as he said and sometimes asked questions to see if I understood him.The old lady was sick in same room, a young woman by name of Phebe Ackles was at work there in and out.No other person made any suggestions to my knowledge - it was not all drawn at one time - I did about half of that writing in the evening and was called to suuper while engaged in it and after supper it got to be along in the evening the old man got to be sleepy & dull & I spoke to Mr. Seely & told him I should think it best to hold on until morning, as I thought he might not understand himself sufficiently & I quit - I discovered nothing else but this stop during the time I was writing & before I quit he kind of dropped asleep I did not wake him up, he answered me when I asked him a question- Should think he knew I stopped - don’t know that he said any thing.I said he seemed fatigued & I would stop, he made no answer, the attending physician was not there at this time, nor while I was writing that I know.I heard him talking in the house before I quit - I remained all night in the house - Had no conversation with any body in reference to the contents of the will that night or the next morning that I recollect - I slept with Mr. Seely, had no conversation with him on the subject of the contents of the will, nor before that time up to the making of the will, no one talked or gave me advice or request in relation to Frederick.Commenced in the morning soon after breakfast, breakfast was soon after light.no one in the room, some persons in & out - Mrs. Seely was in a part of the time, she had stayed all night.I then finished drawing the will without any suggestion of mine as to the manner of disposing of his property.He wrote his name.he was belabored (?),& have no recollection of holding his hand, my impression he wrote & without assistance.Mr. King, the other witness, was in the room.I spoke to him & said it was necessary to have a couple of witnesses, he spoke of this girl, and I suggested that I could be a witness, that it might be difficult for women to have ? home & that he had better have a neighbor.Mr. King was sent after - he said he would as have I would be a witness as any body, that was all he said, he executed it then.I then said you requested Mr. King & Ito sign this will as witnesses and he said yes - Stupor was not on him as it was night before, seemed to be more ?ssthan the night before.I read the will alone with him.Bryant Ackles came and I sent him out.I did not read while any one was present.Mr. King was not present when it was read - In the morning I read what I had written the night previous and told him I stopped because he was dull.I then read it all over from the begining before Mr. King came in - It was the Clerk’s assistant that I came? with me - I could not tell whether this young man wanted me to write John Ackles will or any other writing - I think Mr. Seely did not come after me or one of his sons - It appeared to me in conversation that the old man said he was between 80 & 90 - Had not seen him before this in 5 or 6 months.the will was executed pretty well towards noon.I know his property.He had a home farm of 50 acres, and a piece of land south of that.He saidthat after disposing of the pieces in the will he had 70 acres left. His family are his son John & Mrs. Seely & the widow that is all I ever heard of being his children.I don’t know about how I came to write it his son Frederick in the will.I don’t know how it came there, don’t know as I ever heard him call him his son Frederick or any way except Frederick.I asked the old man what I should do with that will. He says you keep it and I did so; kept it until Mr. Seely came there & enquired something about it.The old man recovered from that sickness - Sometime in February last - I had conversation about this will and never said anything at any other time about it - I supposed I was to keep it until he asked for it or the executor called for it.Direct.Some person said uncle John wanted to see me and I took the will & went down, last February.He asked if I had the will with me, wanted to see how it read.I took it out & read it to him - had some conversation about making some alteration & he told me about alteration he wanted made - I wrote another will and made the alteration & read it to him, then he said keep them both & that is the last I heard from him.The alteration was that Seely & Rhoda should take care of John if they had the 50 acres, then what was left for John was to be divided among some brothers grandchildren. He did not recollect of making provision for John otherwise than on the 50 acres - I don’t recollect that he said he had signed a will that he did not understand.He seemed to understand the provisions of the will.Cross.I live 3 or 3 1/2 miles from residence of the deceased.I had not seen Mr. Ackles until Sept after drawing the will when I went for bag of apples.Nothing was then said about the will.2d time I went I was sent for, don’t know who the messenger was, I think I was requested to bring the will - Testator was in health then, sat at the table.He had but one leg & he could not well go out.
Onondaga County ? Daniel Vail of the town of Tully, in the County of Onondaga, having duly sworn and and examined, doth depose and say that he this deposed (?) was well acquainted with John Ackles, late of the town of Tully, in the county of Onondaga, deceased.That this deposed (?) was present as a witness and did see the said John Ackles subscribe at the end thereof the instrument now produced and shown to this deposed (?) purporting to be the last will and testament of the said deceased, bearing date the 9th day of January in the year of our Lord one thousand eight hundred and forty-four.That the said testator at the same time declared the instrument so subscribed by him to be his last will and testament.That thereupon this deposed (?) and Schuyler King subscribed their names at the end thereof as witnesses thereto at the request of the testator, in his presence, and that the said testator at the time of executing and publishing the said last will and testament was of full age and was in any opinion of sound mind and memory, not under restraint and was as I suppose in all aspects competent to make a last will and testament.That the said testator dictated all the will except one clause.He insisted uponthe deposed (?) being trustee to his idiot son and this deposed (?) insisted upon another person being appointed with him as trustee and the other trustee was selected by the testator.Cross examination.I drew this will at the testator’s request, I can’t tell who came for me to come down and do some writings for him.I went ? afternoon, that I was sent for previous to being sent for. I had no conversation with anybody about drawing a will between this time.His will was commenced and the time it was finished I had conversation with Mr. Seely in reference to his being a trustee.I took him out and talked with him but on no other part of the will and that is all the conversation I had with anybody about it.On my arrival at the house of the testator, I went into the kitchen.Mr. Seely & others were there, no one that I recollect told me what was to be done until I went into the other room.I rather think I took a book containing a p?dent of a will with me.Betwixt the testator & me after a few words I said uncle John, you have sent for me to come down, he said, Yes, I am glad you have come.He then spoke of having his business arranged on that I shall draw a will as he did not expect to live long, don’t recollect that I suggested that he had sent for me to draw a will.I had some paper with me fixed for writing and after I get the head written I asked him to state over what he wished to have written & he went on I started ? and ? of what I wrote.I wrote a spell from recollection, cannot say whether I asked him what he was going to do with the widow.I wrote along as he said and sometimes asked questions to see if I understood him.The old lady was sick in same room, a young woman by name of Phebe Ackles was at work there in and out.No other person made any suggestions to my knowledge - it was not all drawn at one time - I did about half of that writing in the evening and was called to suuper while engaged in it and after supper it got to be along in the evening the old man got to be sleepy & dull & I spoke to Mr. Seely & told him I should think it best to hold on until morning, as I thought he might not understand himself sufficiently & I quit - I discovered nothing else but this stop during the time I was writing & before I quit he kind of dropped asleep I did not wake him up, he answered me when I asked him a question- Should think he knew I stopped - don’t know that he said any thing.I said he seemed fatigued & I would stop, he made no answer, the attending physician was not there at this time, nor while I was writing that I know.I heard him talking in the house before I quit - I remained all night in the house - Had no conversation with any body in reference to the contents of the will that night or the next morning that I recollect - I slept with Mr. Seely, had no conversation with him on the subject of the contents of the will, nor before that time up to the making of the will, no one talked or gave me advice or request in relation to Frederick.Commenced in the morning soon after breakfast, breakfast was soon after light.no one in the room, some persons in & out - Mrs. Seely was in a part of the time, she had stayed all night.I then finished drawing the will without any suggestion of mine as to the manner of disposing of his property.He wrote his name.he was belabored (?),& have no recollection of holding his hand, my impression he wrote & without assistance.Mr. King, the other witness, was in the room.I spoke to him & said it was necessary to have a couple of witnesses, he spoke of this girl, and I suggested that I could be a witness, that it might be difficult for women to have ? home & that he had better have a neighbor.Mr. King was sent after - he said he would as have I would be a witness as any body, that was all he said, he executed it then.I then said you requested Mr. King & Ito sign this will as witnesses and he said yes - Stupor was not on him as it was night before, seemed to be more ?ssthan the night before.I read the will alone with him.Bryant Ackles came and I sent him out.I did not read while any one was present.Mr. King was not present when it was read - In the morning I read what I had written the night previous and told him I stopped because he was dull.I then read it all over from the begining before Mr. King came in - It was the Clerk’s assistant that I came? with me - I could not tell whether this young man wanted me to write John Ackles will or any other writing - I think Mr. Seely did not come after me or one of his sons - It appeared to me in conversation that the old man said he was between 80 & 90 - Had not seen him before this in 5 or 6 months.the will was executed pretty well towards noon.I know his property.He had a home farm of 50 acres, and a piece of land south of that.He saidthat after disposing of the pieces in the will he had 70 acres left. His family are his son John & Mrs. Seely & the widow that is all I ever heard of being his children.I don’t know about how I came to write it his son Frederick in the will.I don’t know how it came there, don’t know as I ever heard him call him his son Frederick or any way except Frederick.I asked the old man what I should do with that will. He says you keep it and I did so; kept it until Mr. Seely came there & enquired something about it.The old man recovered from that sickness - Sometime in February last - I had conversation about this will and never said anything at any other time about it - I supposed I was to keep it until he asked for it or the executor called for it.Direct.Some person said uncle John wanted to see me and I took the will & went down, last February.He asked if I had the will with me, wanted to see how it read.I took it out & read it to him - had some conversation about making some alteration & he told me about alteration he wanted made - I wrote another will and made the alteration & read it to him, then he said keep them both & that is the last I heard from him.The alteration was that Seely & Rhoda should take care of John if they had the 50 acres, then what was left for John was to be divided among some brothers grandchildren. He did not recollect of making provision for John otherwise than on the 50 acres - I don’t recollect that he said he had signed a will that he did not understand.He seemed to understand the provisions of the will.Cross.I live 3 or 3 1/2 miles from residence of the deceased.I had not seen Mr. Ackles until Sept after drawing the will when I went for bag of apples.Nothing was then said about the will.2d time I went I was sent for, don’t know who the messenger was, I think I was requested to bring the will - Testator was in health then, sat at the table.He had but one leg & he could not well go out.Taken and subscribed this 7th dayDaniel Vailof August 1845 before me.
D.D. Hillis, Surrogate