Last Will and Testatment of Nehemiah Ensworth and Probate of the Will; Oneida County Surrogate's Office, Book 13, pp. 379-380
At a Surrogate's Court held at the Surrogate's Office in Clinton, in the County of Oneida, on the 5th day of February A.D. 1859, before Henry M. Burchard, Esq., Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of Nehemiah Ensworth late of the town of New Hartford in the County of Oneida deceased, in pursuance of chapter sixth, title first, article first, part second, of the Revised Statutes of the State of New York, and of an Act entitled "An act concerning the Proofs of Wills, Executors and Administrators, Guardians and Wards, and Surrogate's Court," passed May 16, 1837, and other Acts concerning the same, on the application of John A. Ensworth and Benjamin Pierce in said Will named Executors.
(Jane Ensworth formerly) now Jane Bradley being duly sworn and examined in open court, testified that she was well acquainted with Nehemiah Ensworth deceased, and had been for the last 20 years immediately preceding his death; that he died in the month of June last past, at New Hartford in the county of Oneida which was his last place of residence at the time of his death; that she saw the Testator sign the papers here offered, to be proved, recorded, and admitted to probate as the last Will and Testament of the said deceased, on the day and same bears date, (the seal having been previously affixed,) that this deponent signed the same, at the same time, as a subscribing witness, in the presence of the Testator and at his request, and in the presence of Elizabeth Cook who also at the same time signed the same, as subscribing witness in the presence of the Testator and at his request, and in the presence of this deponent, that the said Testator at the time he so signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same, as and for his last Will and Testament; and this deponent further says that the Testator at the time he so signed, published and declared the same as aforesaid, was of sound and disposing mind and memory and of full age and not under restraint, and competent to devise real estate and deponent further say that she was well acquainted with Elizabeth Cook the other subscribing witness to said will and saw her write her name thereto and knows her signature as such witness to be genuine and deponent further says that said Elizabeth Cook is now absent from this state and resides in the state of Massachusetts.
The foregoing proofs and examinations having been taken before me, the Surrogate aforesaid, at the time and place above mentioned, and the depositions of the respective witnesses having been by them respectively subscribed after having been carefully read over to them; I, the said Surrogate, being satisfied, upon the said proofs and examinations taken, that the said Will is genuine and valid, and was duly executed; and the said Testator at the time of executing the same, was in all respects, component to devise real estate, and not under restraint, do therefore allow the said Will be to admitted to probate, as a Will of real and personal estate, and the said Will, proofs, and examinations to be recorded.
Witness Henry M. Burchard Surrogate as aforesaid the Seventh day of February 1859.
Henry M. Burchard, Surrogate.
I Nehemiah Ensworth of New Hartford Oneida County New York being of sound and disposing mind memory and understanding do make and publish and declare my Last Will and Testament in manner and form following to wit
First - I order and direct my Executors hereinafter named to see that all my just and legal debts and funeral charges are paid and satisfied as soon after my decease as conveniently may be.
Second - I give devise and bequeath all my real Estate being such part as I now own of Lot A No. 13 in the 6th Division of Coxes Patent to my son John A. Ensworth of Chicago Illinois and my daughter Florenza Pierce of Eaton Madison County New York in equal shares to be theirs and at their absolute disposal.
Third - I give and bequeath to my son Lewis W. L. Ensworth all my personal property out of doors the same consisting of stock farming utensils etc. subject to the legacy in the next article contained.
Fourth - I give and bequeath to my grandson James D. Ensworth the son of my son Lewis W. L. Ensworth the sum of One hundred dollars to be paid to him by my executors within one year after my decease and the same to be furnished by my son Lewis W. Ensworth out of said personal property in the last article of this will mentioned
Fifth - I hereby nominate and appoint my son John A. Ensworth and my son in law Benjamin Pearce Executors of this my last will and testament hereby revoking all and any former wills by me made.In witness whereof I have set my hand and seal the twenty-third day of October 1848.
Nehemiah Ensworth (L.S.)
Signed sealed published and declared by the testator to be his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.
Elizabeth Cook of Kirkland Oneida Co.
Jane Ensworth of New Hartford, Oneida Co.
State of New York)
County of Oneida ) ss.
I Henry M. Burchard Surrogate of said county do hereby certify the foregoing to be the Record of the Last Will and Testament of Nehemiah Ensworth deceased and of the proofs and examinations taken therein.
Henry M. Burchard, Surrogate