Probate of Job Backus

Probate of Job Backus
Tompkins Co., New York
Will Book "I", Pages 118-120

An Instrument purporting to be the Last Will & Testament of Job Backus bearing date the 26th day of July in the year 1857 was produced in Court & shown to each of the persons sworn as witnesses as herein after mentioned, which instrument is in the words & figures following viz:

In the name of God Amen. I Job Backus of the town of Groton in the County of Tompkins and State of New York of the age of seventy four years and being of sound mind and memory do make and publish and declare this my last Will and Testament in manner following that is to say...I give bequeath and devise all my Real and personal Estate of what nature or king soever, to Hiram Bradley and David B. Marsh the Executors of this my last Will and Testament herein after nominated and appointed in trust for the payment of my just debts and the legacies and charges upon the said estate hereinafter specified to be held and possessed by them for the purpose aforesaid for and during the natural life of my wife Celia Backus who is now of unsound mind and is a resident of the town of Groton in the County of Tompkins and State of New York and from and after her deceased I give and bequeath unto my daughter Clarissa Hatch the sum of one hundred dollars I also give and bequeath unto my son Cyrus Backus the sum of five dollars and the remainder of my estate Real and personal I give and bequeath to my daughters Henrietta Bradley Malinda Thomas and Clarissa Hatch and my son Charles Backus to be divided equally between them that is to say each one last named to wit: Henrietta Bradley, Malinda Thomas, Clarissa Hatch and Charles Backus is to receive pro__ dollar for dollar an equal amount.
And I do hereby order and direct that that during the continuance of the said first? Estate as aforesaid and during the natural life of my said wife Celia Backus then shall be annually and from time to time as shall appear to be necessary so much expended for the support and comfort of her my said wife as the said trustees may appear just and necessary.
And lastly I do hereby nominate and appoint my friends Hiram Bradley and Daniel B. Marsh to be the executors of this my last will and testament hereby revoking all former wills by me made.

In witness whereof I have hereunto set y hand and seal this 26th day of July 1857.
Job Backus, SS

The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Job Backus as and for his last will and testament in presence of us who at his request and in presence and in the presence of each other have subscribed and names as witnesses thereto
John Berry residing in Groton, Tomkins State of N. Y.
Arthur Hatch Groton, Tomkins Co.

John Berry of the town of Groton in the county of Tompkins being first duly sworn deposeth & saith that he was acquainted with the above mentioned Job Backus deceased in his life time. That he subscribed the name of the deceased at the end of the instrument now shown to this deponent purporting to be the last Will & Testament of the said Job Backus at the request of the said Job Backus and in the presence of the said Job Backus & at the time said instrument was so subscribed said instrument was read over to said Job Backus by Franklin Willoughby and said Job Backus remarked "I think that is correct." The term Will or last Will & Testament was not used in my presence. I heard the instrument read at the time it was read over to said Job Backus & this deponent further says that he subscribed his name as a witness thereto in the presence at the request of the said Job Backus & that the said Job Backus was at the time in the opinion & belief of this deponent of sound mind & memory and not under any restraint & that he was about seventy four years of age, that he died on or about the 27th day of July 1857 & was a resident of the town of Groton at the time of his death.

John Berry

Arthur Hatch of the town of Groton in the County of Tompkins being first duly sworn deposeth & saith that he was acquainted with the above mentioned Job Backus deceased in his life time. That he saw John Berry subscribe the name of Job Backus at the end of the instrument now shown to this deponent purporting to be the last Will & Testament of the said Job Backus. That said name was so subscribed at the request & in the presence of the said Job Backus, and further says that before said instrument was subscribed John Goodyear remarked to the said Job Backus that Mr. Willoughby was there & that they were ready to make that will and that said Job Backus then stated how he wished to dispose of his property, and that Mr. Willoughby then drew up said instrument and read it over to said Job Backus and asked him if that was according to his mind & said Job Backus replied that he did not see but what it was. And this deponent further says that he subscribed his name as a witness thereto in the presence & at the request of the said Job Backus. And that said Job Backus was at the time in the opinion & belief of this deponent of sound mind & memory and not under any restraint: that he was about seventy four years of age, that he died on or about the 27th day of July 1857. & was a resident of the town of Groton in the County of Tompkins at the time of his death. And this deponent further says that said instrument is in the same condition in all respects as when it was executed & has not been altered in any particular.

Arthur Hatch

I do hereby certify that the foregoing is a true record of the original Last Will & Testament of Job Backus, late of Groton Tompkins Co., deceased & of the original proofs relating thereto.
Ithaca Sept. 7, 1857...

Note: On the 1850 census, Job is enumerated as "John" and Celia is categorized as "insane."