Note: The following will of Samuel J. Whipple was transcribed by Brian Butters (brian.butters@zzapp.org) and submitted to the Whipple Website on March 20, 1999. Brian identifies Samuel J. Whipple as follows:
Samuel J. WHIPPLE, b. Apr 14, 1814, PA (possibly Susquehanna Co.); d. January 1881, Little Valley, Cattaraugus Co., NY; m. Jan 26, 1841 to Zillah BUTTS. He is a son of John and Phoebe.
At a Surrogate's Court, held in and for the County of Cattaraugus, at
the Surrogate's Office in Little Valley on the Second day of June A. D.
1881.
Present, Alfred Spring, Surrogate.
In the Matter of Proving the Last Will and Testament of Samuel J.
Whipple, Deceased.
On the Seventh day of April A. D. 1881, Theron M. Whipple named in a
certain instrument in writing, purporting to be the Last Will and
Testament of Samuel J. Whipple late of the town of Little Valley in
said county, deceased, applied in this Court to have the 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 the
Surrogate's Office in Little Valley in said County, on the Second day
of June A. D. 1881 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 by C. Z. Lincoln, his attorney. And
Samuel Dunham as Special Guardian of Ethan A. Whipple and Alida Clark,
heirs at law and next of kin of said deceased. Mary M. Starks, Lydia L.
McMillan and Fred Whipple also appeared in person and no other parties
or persons appearing, such proceedings were thereupon afterwards had on
the said Second day of June that the said Surrogate took the proof in
support of the said instrument as follows: upon the next page.
In the Same Matter:
On reading and filing due proof of the service of the citation issued
in this matter, and upon due proof of the execution of the paper
propounded as the last will and testament of Samuel J. Whipple late of
the town of Little Valley in said county, deceased, bearing date the
12th day of January 1861 Mary M. Starks, Lydia L. McMillan and Fred
Whipple heirs at law and next of kin appearing in person, and Ethan A.
Whipple, Alida Clark, infants, heirs at law and next of kin of said
deceased, appearing by Samuel Dunham their Special Guardian, duly
appointed for such purpose, and it appearing by such proof that the
said will was duly executed, that the testator at the time of executing
the same, was of full age for making a will, was of sound mind and
memory, and not under restraint, and in all respects competent to
devise real estate, and the probate thereof not having been contested.
It is ordered, adjudged and decreed that the said paper purporting to
be the last will and testament of the said Samuel J. Whipple, deceased,
was duly executed to pass real and personal estate, and that the same
with the proofs thereof be recorded and admitted to probate as a will
of real and personal estate.
Witness, Alfred Spring, Surrogate, and seal of the Court the day and
year first above written.
[Signed] Alfred Spring, Surrogate
Surrogate's Court
In re:
Samuel J. Whipple, deceased
Proof of Will
Stephen C. Green, sworn. Reside in Little Valley and have for
thirty one(?) years. Knew Samuel J. Whipple deceased. He was living in
Little Valley when I came here and has resided here ever since until
his death which occurred during last winter. I also knew L.M. Botsford
who also resided in this town. He died in 1871. Was acquainted with
Botsford handwriting. Know his signature. (Instrument propounded shown
witness.) The signature L.M. Botsford to the attestation clause is in
my judgment Mr. Botsford handwriting. He lived in Little Valley in
1861. I also knew A.P. Russell the other attesting witness. I was
acquainted with his signature. Is his signature to will. He is dead. He
lived in Little Valley in 1861. Russell was an attorney at law. Think
the written part after body of the instrument is in Russell's
handwriting. Knew Mr. Whipple in 1861. I was in business in Little
Valley then. Was a merchant then. Whipple frequently came to my store.
He was of sound mind. Was farming at that time. Do not think he was
able to write the last years of his life.
Taken and subscribed before
me this 2 day of June 1881
S.C. Green
Alfred Spring, Surrogate.
C.Z. Lincoln, sworn. Am atty. and counselor at law residing in Little
Valley and am a member of the firm of Marsh and Lincoln. The firm has
charge of the settlement of the estate of Zillah Whipple, dec'd wife of
Samuel J. Whipple. Mrs. Whipple died in June 1880. Mr. Whipple died in
January last. A short time after his death we were employed by Theron
M. Whipple the brother of deceased to procure letters of administration
on estate of Samuel J. Whipple dec'd and we were about to make petition
for letters of administration when I received from Surrogate of
Cattaraugus County a letter stating there was a will on deposit in
Surrogate's office purporting to be made by Samuel J. Whipple and
shortly after the instrument propounded in this proceeding was handed
me by the Surrogate. It was then(?) sealed in an envelope and I
retained will until the petition was made when I sent it to Surrogate
with petition. The envelope in which this instrument was contained had
an endorsement thereon in the handwriting of Hon. A.D. Scott to the
effect that it was the will of Samuel J. Whipple and was deposited with
him and this endorsement was signed A.D. Scott, Surrogate. Judge Scott
was Surrogate in 1861. The will is the same now as when I received it
from Surrogate.
Sworn before me this
2d day of June 1881
C.Z. Lincoln
Alfred Spring, Surrogate.
Lycium Twainbley, sworn. Reside in Little Valley and have for twenty
nine years. Am practicing physician. Knew Samuel J. Whipple. Have known
him all the time I have lived in Little Valley. He was a farmer. Have
visited the family professionally. Knew him in 1861. He was of sound
mind in 1861 and as far as I know up to the time of his death. He had
palsy. Last year of his life incapacitated him from manual labor. Have
a deed which Whipple executed to me and he acknowledged execution of
the same in my presence. Judging from signature to deed I think
signature to will is his genuine signature. Knew Botsfords signature.
Is his signature to attesting clause. Also knew Russells signature. Is
his signature to attesting clause. Both attesting witnesses are dead.
Sworn before me this
2 day of June 1881
L. Twainbley
Alfred Spring, Surrogate.
In the name of Lord Amen.
I, Samuel J. Whipple of Little Valley, Cattaraugus County, New York,
being of sound mind and memory 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 all my remaining property both real and personal of every name
and nature whatsoever to my wife Zillah Whipple.
Likewise, I make, constitute and appoint my said wife Zillah Whipple to
be executrix of this my last will and testament, hereby revoking all
former wills by me made.
In witness whereof, I have herewith subscribed my name and affixed my
seal the 12th day of January in the year of our Lord one thousand eight
hundred and Sixty one.
Samuel J. Whipple
The above written instrument was subscribed by the said Samuel J.
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
hereto and written opposite our names our respective places of
residence.
L.M. Botsford of Little Valley, New York
A.P. Reynolds of Little Valley, New York
State of New York
Cattaraugus County
Surrogate's Office
Recorded the preceding last will and testament of Samuel J. Whipple
late of said County deceased as a will of real and personal estate
together with the proofs taken in the Surrogate's Court of Cattaraugus
County of which record is hereby signed and certified by me pursuant to
the provisions of the Revised Statutes this 2 day of June 1881.
[signed] Alfred Spring, Surrogate