Will of Samuel J. Whipple, 1814-1881

Will of Samuel J. Whipple, 1814-1881

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.

(Visit Samuel'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 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