Will of John Whipple, 1791-1866

Will of John Whipple, 1791-1866

Note: The following will of John Whipple was transcribed by Brian Butters (brian.butters@zzapp.org) and submitted to the Whipple Website on March 20, 1999. Brian identifies John Whipple as follows:

John WHIPPLE, b. Feb 19, 1791, Schenectady Co., NY; d. 1866, Mansfield, Cattaraugus Co., NY; m(1) Phoebe READ; m(2) Mary ?. (Note: I've posted queries stating John's death date as 1857 which is obviously incorrect.)

(Visit John's page in the Whipple Genweb


At a Surrogate's Court, held in and for the County of Cattaraugus, at the Surrogate's Office in Ellicottville, on the Sixteenth day of July A. D. 1866.

Present, Arunah Ward, Surrogate.

In the matter of proving the last will and testament of John Whipple, Deceased.

On the Fifteenth day of May A. D. 1866, Samuel J. Whipple, Executor and one of the [illegible] named in a certain instrument in writing, purporting to be the Last Will and Testament of John Whipple, late of Mansfield in said county, deceased, applied in this Court to have said instrument, which relates to real and personal estate, proved as the last Will and Testament of the said deceased; and thereupon the Surrogate of said County did ascertain by satisfactory evidence the facts required by law, and did issue a Citation in due form of law, directed to the proper persons by their respective names, and stating their places of residence, requiring them to appear before him at his office in Ellicottville in said County, on the sixteenth day of July A. D. 1866, to attend the probate of the said instrument. And afterwards, to wit, on the day and at the place last aforesaid, due proof by affidavit was produced and filed in said Court of the service of the said Citation in the mode prescribed by law, and the said applicant appeared in person and Commodore P. Vedder as Special Guardian for Warren Kelley, Mary Kelley and John Kelley Infants, next of kin and heirs of said deceased and also appeared S. S. Marsh and S. C. Green, witnesses to said will and no other parties or persons appearing, such proceedings were thereupon afterwards had on the Sixteenth day of July that the said Surrogate took the proof in support of the said instrument as follows:

Surrogate's Court, Cattaraugus County.

In the matter of the Probate of the Last Will and Testament of John Whipple deceased.

Sidney S. Marsh and Stephen C. Green of the town of Little Valley and the county of Cattaraugus aforesaid, witnesses produced in this matter, being duly sworn and examined before Arunah Ward, Surrogate of said County, depose and say that they were acquainted with John Whipple late of Mansfield in said County, now deceased, and that they were subscribing witnesses to the Last Will and Testament of the said deceased. And deponents further say that the said testator did in the presence of these deponents and which purports to be the Last Will and Testament of the said John Whipple and which bears date on the twenty-second day of April in the year of our Lord one thousand eight hundred and sixty-two. And deponents further say that the said testator did, at the time of subscribing his name as aforesaid, at the end of said Will, declare the same to be his Last Will and Testament, and deponents Sidney S. Marsh and Stephen C. Green did thereupon subscribe their names at the end of said Will as attesting witnesses thereto, in the presence and at the request of said testator. And deponents further say that at the time the said testator John Whipple subscribed his name to the Last Will as aforesaid, and at the time of these deponents subscribing their name as attesting witnesses thereto, said testator was of sound mind and memory, of full age to execute a Will, and not under any restraint. And that said Will now appears in all respects as when so executed, without any alteration whatsoever.

Subscribed and sworn the Sixteenth day of July 1866 before me,

Arunah Ward, Surrogate of Cattaraugus County
S.S. Marsh
S.C. Green

In the Same Matter,

The foregoing proofs and examinations were taken before the Surrogate aforesaid, on the Sixteenth day of July 1866 and the depositions of the respective witnesses were by them severally subscribed after having been carefully read over to them. And the said Surrogate being satisfied upon the proof taken, that the said Will is genuine and valid, and was duly executed, and that the said testator at the time of executing the same was in all respects competent to devise real estate, and not under restraint, doth therefore allow the said Will, proofs and examinations to be recorded, and the said Will Admitted to Probate. And the said Surrogate doth order, adjudge and decree that the said Will be, and the same hereby is established as a valid Will of the real and personal estate of the said John Whipple, deceased.

Witness, Arunah Ward Surrogate of the County of Cattaraugus, at Ellicotville in said County the Sixteenth day of July A.D. 1866.

[Signed] Arunah Ward, Surrogate

In the name of God, Amen!

I John Whipple of the Town of Mansfield in the county of Cattaraugus State of New York of the age of fifty three being of sound mind and memory of the age of fifty three and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last will and Testament, that is to say:

First - After all my lawful debts are paid and discharged I give and bequeath to my wife Hannah Whipple the following describe premises to have and to hold the use thereof during her life time distinguished by being a part of Lot number sixty five Township number four and seventh Range of the Holland Land Company survey - Bounded as follows Commencing at the South west corner of land deeded to Edmund Steward by Timothy V. Whipple - thence East on a line parallel to the North bounds of said Lot (65) sixteen chains and sixteen links - thence South to the North bounds of the New York and Erie Rail Road - thence Westerly along the North bounds of said Rail Road to the center of the Highway - thence North along the center of said highway to the place of beginning Containing fifty three acres be the same more or less together with all the household furniture Stock farm tools team &c which may be on the farm at my decease said farm stock, farm tools, team, household furniture &c at the decease of my wife to be equally divided among my heirs.

Second - I give and bequeath to my son Samuel Whipple the sum of fifty dollars.

Third - I give and bequeath all my personal property after paying above legacy to Samuel Whipple to be equally divided among my other heirs.

Likewise, I make, constitute and appoint Samuel Whipple of the Town of Little Valley Catt Co. NY to be executor of this my last Will and Testament hereby revoking all former Wills by me made.

In witness Whereof I have hereunto subscribed my name and affixed my seal the 22nd day of April in the year of our Lord one thousand eight hundred and sixty two.

John Whipple (S.S.)

The above written instrument was subscribed by the said John Whipple in our presence and acknowledged by him to each of us: and he at the same time declared the above instrument so subscribed to be his last Will and Testament: and we at his request have signed our names as witnesses hereto and written opposite our names our respective places of residence.

S.C. Green Little Valley Catt. Co. NY
S.S. Marsh Little Valley NY

State of New York
Cattaraugus County
Surrogate's Office

SS: Recorded the preceeding [sic] last Will and Testament of John Whipple late of said County deceased as a Will of real and personal estate together with the proofs taken in the Surrogate Court of Cattaraugus County of which record is hereby signed & certified by me pursuant to the provisions of the Revised Statutes this sixteenth day of July AD 1866.