Ebenezer Backus was the son of John Backus and Jerusha Baker and the brother of my 5th great-grandfather, John Backus. Since I transcribed the will and put it online, I'm trashing my copy....(scroll down to see the heirs):
At a Surrogates Court held at the town of Geneseo in the County of Livingston on the twenty-first day of April one thousand eight hundred and forty-five Before Benjamin J. Angel Surrogate of said County.
In the matter of the Probate of the last will and Testament of Ebenezer Backus late of Livonia in said County deceased.
On the day and at the place aforesaid Andrew J. Backus Executor named in the last will and testament of Ebenezer Backus deceased appeared for the purpose of having said will proved recorded and admitted to probate as a will of real and personal property and produced satisfactory proof of the due service of the citation heretofore found, on all the heirs of said deceased to wit by the publication thereof for six weeks in the state paper and by the personal service thereof or all the heirs of said deceased residing in this state. No one appearing to oppose the proof of said will the subscribing witnesses thereto having appeared and being by me duly sworn testified as follows is the testimony thereof is ordered recorded-- Benjamin J. Angel Surrogate
County of Livingston
John C. Cox of the town of Livonia in the county of Livingston being duly sworn doth depose and say that he is a subscribing witness to the last will and testament of Ebenezer Backus late of the town of Livonia in the county of Livingston aforesaid deceased. And this deponent further saith that the said Ebenezer Backus the said testator did in the presence of this deponent and Lucien Scoville subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said Ebenezer Backus and which bears date on the twentieth day of February in the year of our Lord one thousand eight hundred and forty four. And this deponent further saith that the said testator did at the said time of subscribing his name as aforesaid at the end of the said will declare the said instrument so subscribed and now exhibited to be his last will and testament; and this deponent and said Lucien Scoville did thereupon subscribe their names at the end of the said will as attesting witnesses thereto in the presence and at the request of the said testator.
And this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponents subscribing his name as an attesting witness thereto as aforesaid, the said testator was of sound mind and memory of full age to execute a will and was not under any restraint and that the said will now appears in all respects as when so executed without any alteration whatsoever. That said will was left in deponents possession where it was executed and so remained until after testators death & until sent to the surrogate for probate. Subscribed and sworn this 21st day of April John C. Cox 1845 before me Benj F. Angel, Surrogate of Livingston County
County of Livingston
Lucien Scoville of the town of Livonia in the county of Livingston being duly sworn doth depose and say that he is a subscribing witness to the last will and testament of Ebenezer Backus late of the town of Livonia in the county of Livingston aforesaid deceased, and this deponent further saith that the said Ebenezer Backus the said testator did in the presence of this deponent and John C. Cox subscribe his name at the end of the instrument now shown and exhibited to this deponent & which purports to be the last will and testament of the said Ebenezer Backus and which bears date on the 20th day of February in the year of our Lord one thousand eight hundred and forty four and this deponent further saith that the said testator did at the said time of subscribing his name as aforesaid at the end of the said will, declare the said instrument so subscribed and now exhibited to be his last will and testament, and this deponent and John C. Cox did thereupon subscribe their names at the end of the said will as attesting witnesses thereto in the presence and at the request of the said testator And this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponents subscribing his name as an attesting witness thereto as aforesaid the said testator has of sound mind and memory of full age to execute a will and was not under any restraint. And that the said will now appears in all respects as when so executed without any alterations whatsoever. Subscribed and sworn this 21st day of Lucien Scoville April 1845 before me Benj F. Angel Surrogate of Livingston County
Whereupon I the said Surrogate being satisfied from the proofs taken that the said will was duly executed, that the testator Ebenezer Backus at the time of executing the same was competent to make his will and devise real estate and has not under any restraint, and that the said will now appears in all respects as when it was executed, do therefore allow the said will, proofs and examinations to be recorded.
Given under my hand and official seal at Geneseo This 21st day of April 1845 Benjamin F. Angel
The last will and Testament of Ebenezer Backus
I Ebenezer Backus of the town of Livonia County of Livingston and State of New York considering the uncertainty of Mortal life and being in perfect mind and memory (blessed to Almighty God for the same) do make and publish this my last will and testament in manner following viz.
1. I give and bequeath to my son Andrew J. Backus my two horse wa(g)gon and furrow(?)
2. I also give and bequeath to my dear wife all my household furniture to dispose of the same before or at her decease according to her will and pleasure
3. I also give and bequeath to my wife all other of my property both real and personal to use and occupy during her natural life
4. And it is my further will and pleasure that at the decease of my wife my property shall be divided as follows viz:
5. To my daughter Polly Backus the sum of three hundred and fifty dollars
6. To my son Andrew J. Backus the sum of four hundred and fifty dollars
7. To my son Clark B. Backus the sum of one hundred dollars
8. To my son Orler(?)J. Backus the sum of one hundred dollars
9. To my son Gordon Backus the sum of one hundred and fifty dollars
10. To my son Ebenezer Backus, Jr., the sum of fifty dollars
11. To my daughter Lucinda wife of Warren Spicer, the sum of thirty dollars
12. To my daughter Sarah Ann wife of George Hill the sum of fifty dollars
And it is my further will and pleasure that the remainder of all my property be equally divided between my two sons Gordon Backus and Andrew J. Backus and I hereby appoint my wife executrix and my son Andrew J. Backus my executor of this my last will and testament hereby revoking all other wills by me made.
In testimony whereof I have hereunto set my had and seal this twentieth day of February in the year of our Lord 1844. Ebenezer Backus Subscribed in presence of John C. Cox of Livonia; Lucien Scoville, Livonia
State of New York, Livingston County
I Benjamin J. Angel Surrogate of the county of Livingston do hereby certify that upon proofs and examinations taken before me at my office in the town of Geneseo and county of Livingston on the twenty-first day of April 1845 the within will was proved as a will of real and personal estate - that I was satisfied from the said proofs taken that the testator at the time of executing the within will was in all respects competent to devise real estate and not under any restraint. And I further certify that the within will and the proofs thereof are recorded in the Surrogates office of Livingston County in Book No3 of Wills & the proofs thereof on pages from 1 to 3 inclusive and that the Letters testamentary thereon in due form of law have been granted to Andrew J. Backus Executor in said will named he having taken and subscribed the oath of office prescribed by law and Jemima Backus having renounced all right & claim as executrix.
Given under my hand and affixed seal this 21st day of April on thousand eight hundred and forty-five.
Benj J. Angel Surrogate
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