WILL

Name:   Elmer Cammon Phipps

Date Written:  July 22, 1884
Date Filed:  July 22, 1884
County / State:  Fulton County, New York (Book 12, Page 169-171)

"I, Elmer C. Phipps of the Town of Oppenheim, in the County of Fulton and State of New York, being of sound mind and memory but feeling the uncertainty of life and being desirous of disposing of my property and estate after my decease in such a manner as appears to me to be just and right, do make, publish and declare this instrument to be my last will and testament in the manner following that is to say:
First - I give, devise and bequeath to my son Lewis L. Phipps, all that piece or parcel of land lying and being in the town of Oppenheim aforesaid, and is known and distinguished as being the south west corner of Lot No. 31 in Lott and Lowes Patent, bounded north by land of Philander Youker, east by the farm which I now own, south by the public highway and west by the Henry Smith Lot now occupied by Menzo and Dewey Mosher, estimated to contain about fifty acres of land it being the same premises where my son Lewis L. Phipps now resides and he now occupies, during the term of his natural life, and from immediately after his decease I give and devise the same to his children to be divided equally between them, share and share alike.
Second - I give and devise to my beloved wife Celia Phipps all the rest, residue and remainder of my real estate of what nature or kind soever to be used and enjoyed by her during the term of her natural life, and from and immediately after her decease, I give and devise the same to my daughters now living or who may be living at the tie of my decease to be divide equally between them share and share alike.
And lastly I give and bequeath all my personal estate, goods and chattells of what nature or kind soever and wheresoever to my said wife Celia Phipps, subject however to the payment and satisfaction of all my just debts and liabilities, and I hereby further declare it to be my will and I therefore order and direct my said wife Celia Phipps to pay, satisfy and discharge all my just debts and liabilities against me at the time of my decease.
Likewise I make, constitute and appoint my said wife Celia Phipps to be my executrix of this my last will and testament, hereby revoking all former will by me made.
In witness whereof, I have hereunto subscribed my name and affixed my seal the 22nd day of July 1884.
                                                          Elmer C. Phipps   (L.S.)

The above written instrument consisting of one sheet was at the date thereof signed, sealed, published and declared by the said Elmer C. Phipps as and for his last will and testament in presence of us and each of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto and have written of opposite our names our respected places of residence.
J. (Jeremiah) S. Austin, residing in the town of Oppenheim, Fulton Co., N.Y.
Julia Austin, residing in the town of Oppenheim, Fulton Co., N.Y."
 

November 9, 1888; Presented to Surrogates Court
" ....The petition of Celia Phipps of the town of Oppenheim in the County of Fulton, respectfully showeth; That Elmer C. Phipps, late of the town of Oppenheim, in the said County of Fulton, departed this life in the said County on the fourteenth day of August 1888 having previously, as your petitioner is informed and believes, duly made and executed his last Will and Testament; that your petitioner is the sole executrix named in the said will; that the said deceased was a citizen of the United States; and that he was, at or immediately previous to his death a resident of the County of Fulton, aforesaid; and that the said last Will and Testament, relates to both real and personal estate, and the value of said estate does not exceed the sum of Two Thousand dollars or thereabouts.
Your petitioner further shows, that the only heirs and next of kin of the said deceased, together with their places of residence are as follows, to wit;
Your petitioner the widow of said deceased
Lewis L. Phipps residing at Oppenheim, Fulton County N.Y.
Louisa P. Zollar    "           "          "               "       "          "
Jennie P. Gibson   "          "          "                "       "         "
Nettie Phipps         "          "          "                "       "         "
and Frank Guile residing at Dolgeville, Herkimer County  "
children of the said deceased
That all of the above named are of full age and sound minds......"
executed in the presence of J.S. Austin Notary Public.