"TO THE SUROGATE COURT THE COUNTY OF ONTARIO

The Petition of Ami Whitney

Of the Town of Seneca in the County of Ontario respectfully showeth: That Ami Whitney of Town of Seneca in the said County of Ontario died in the said Town of Seneca on or about the 14^th day of December in the year of our Lord one thousand eight hundred and sixty-seven. That at the time of his death he was an inhabitant of the County of Ontario. That he left a will which was duly admitted to probate by and before the Surrogate of Ontario County on the 16^th day of March, 1868, - and on the 28^th day of March, 1868. Settlers Testamentary on said will were issued to John Lewis and James Wilson the executors therein named, - that afterwards and at some time in the year 1870 said executor James Wilson died, - and said executor John Lewis died on the 13^th day of September, 1881,- and there is now remaining a portion of said estate unadministered, - to wit- Eighty shares of stock in the Chuming Rail Road, and Two shares of stock in the Bank of Geneva N.Y.

That the names of the next of kin and legatees of said deceased are as follows. 1. Ami Whitney, son {your petitioner) of Seneca, Ontario Co. N.Y. 2. Jasper Whitney, son of Rollersville, Sandusky Co. Ohio.- 3. William G.Whitney, son of Solon, White Co. Tennessee.- 4. Jonathan Whitney, son of Allen, Hillsdale Co. Michigan.- 5. Esther Hooper, daughter of Fort Jones, Siskiyou Co. California.- 6. Elizabeth A. Lewis, daughter of Hopewell, Ontario Co. N.Y.- 7. Anna H. Wilson, daughter of Geneva, Ontario Co. N.Y.- 8. John Whitney, of Suspension Bridge, Niagara Co. N.Y.- and 9. Charles F. Whitney, of Mineral Ridge, Trumball Co. Ohio. Children of Theodore Whitney, a deceased son of said decedent.- 10. Charles Force, of Rochester, Monroe Co. N.Y. a son of Ellen Force, a deceased daughter of said Theodore Whitney, deceased, and 11. ____, ______ a daughter of Ami Whitney 3^rd . a deceased son of said Theodore Whitney, deceased. That said William G. Whitney and Esther G. Hooper and the only persons having any actual present interest in said estate.

And your petitioner further showeth that all the goods, chattels and credits of the said deceased unadministered do not exceed in value the sum of 1860 dollars and your petitioner prays that a decree may be made awarding Letters of Administrations with the will annexed of the goods, chattels and credits of said deceased, by the Surrogate to your petitioner and that the proper parties should be cited to show cause why such a decree should not be made.

Dated, October 19^th, 1881

Ami Whitney"

To The Surrogate Court of the County of Ontario

Of the Town of Hopewell in the County of Ontario respectfully showeth:

That Ami Whitney late of the town of Seneca in the said County of Ontario deceased, died in the said Town of Seneca on or about the 14^th day of December in the year of our Lord one thousand eight hundred and sixty seven being of that time an inhabitant of the County of Ontario; that he died, leaving a last Will and Testament, which is now produced in the Surrogate’s Court of the said County of Ontario, before the said Surogate, which bears the date the eighth day of April in the year of our Lord one thousand eight hundred and sixty three and by which said last Will and Testament the said deceased nominated and appointed John Lewis and James Wilson executors thereof; that the said deceased died possessed of real and personal estate in the said County of Ontario, which does not exceed in value about $10640., and that the following named persons are all the heirs-at-law and next of kin of the said deceased, and their respective places of residence are as follows, viz: Jasper Whitney Rollersville. Sandusky Co. Ohio.

William G. Whitney, Hamden, Geauga County, Ohio

Jonathan Whitney, Sylvanus, Hillsdale County, Mich.

Issac A. Whitney, Sylvanus, Hillsdale County, Mich.

Elizabeth A. Lewis Hopewell, Ontario County, New York.

Esther G. Hooper, California.

Anna H. Wilson, Geneva Ontario County, New York.

Ami Whitney Flint Creek Ontario County, New York.

John Whitney, son of Theodore Whitney deceased son of deceased. Supension Bridge, Niagara County, New York.

Charles F. Whitney. Son of Theodore Whitney deceased son of deceased __ Trumball Ohio.

Ellen Force, daughter of Theodore Whitney deceased son of deceased __ Trumball Ohio.

Ami Whitney 3^rd, son of Theodore Whitney deceased son of deceased _ Trumball Ohio.

Who are all of full age except

Who minor.

Your petitioner further shows that he is desirous of having the said Will admitted to probate, and having letters testamentary granted thereon, and also of having the said Will proved and recorded according to law as a Will of real and personal estate; and therefore prays that the same may be so proved and recorded as aforesaid, and that all such process and proceedings may be had and taken thereon for that purpose, as are just and proper, and as the law may require. And your petitioner will ever pray, &c.

John Lewis

Dated December 24^th, 1867"

Transcribed by Denis Adams, February 23, 1999.

The last Will and Testament of Ami Whitney;- I Ami Whitney of the town of Seneca in the County of Ontario and State of New York, aged Eighty two years and upwards thanks to Almighty God for his goodness and mercy to me, having given to my children property, to some more to others less, therefore that each may receive the share of my remaining property that I wish them to have. I make publish and declare this my last Will and Testament in manner following (viz)-

First: I direct that my debts and the reasonable expenses of my last sickness and burial be paid in preference to devise or legacy herein contained.

Second: I give and bequeath to the heirs of my son Theodore Whitney, deceased Five Hundred & thirty Dollars to be divided among them by my Executors as follows. To John Whitney One Hundred and Six Dollars. To Charles F. Whitney Two Hundred and Twelve Dollars. To Ellen Force One Hundred and Six Dollars. To Ami Whitney 3^rd One Hundred and Six Dollars.

Third: I give and bequeath to my son Jasper Whitney who now resides in the State of Ohio, to him or his heirs, Eight shares of Stock in the Associate Banks of Geneva.

Fourth: I give and bequeath to my son Isaac Whitney or to his heirs or assigns Three Hundred Dollars.

Fifth: I give and bequeath to my son William G. Whitney during his natural life as often as dividends are made, the dividends arising from Sixteen Shares of Stock in the Chemuing Rail Road and the dividends arising from Two shares of stock in the Bank of Geneva, as often as dividends are made, and after his decease the above shares are to be paid by my Executors to the heir or heirs of his body, and if he leave no legal heir or heirs of his body then surviving, then I direct my Executors to pay the above shares and stock to the Missionary Society of the Methodist Episcopal Church, incorporated by the Legislature of the State of New York.

Sixth: I give and devise to my son Jonathan Whitney, his heirs or assigns the following described piece of land, it being part of lot nine in Township No 10, in Range First, of Phelps and Gorham’s Purchase, beginning in the centre of the highway leading from the Turnpike Road to John Hobsons, eight rods south of the north line of said lot No Nine, thence westerly parallel with the north line of said lot twenty two rods and thirteen links, thence northerly parallel with the road eight rods; thence easterly on the north line of said lot, thirty one rods and twelve links to a stake, thence south three degrees west seven chains and six links to a stake; thence south eighty six degrees thirty minutes east, thirteen chains + fifty links to the centre of the highway, there on the centre of the highwy, north three degrees east five chains and six links to the place of beginning containing nine and 31/100 of an acre of land. And also Two Hundred and sixty Dollars in cash to be paid by my Executors out of my personal property.

Seventh: I give and devise to my daughter Elizabeth A. Lewis her heirs or assigns the following described land ot being part of lot Twelve in Township Ten in Range First of Phelps & Gorhams Purchase beginning at the west bounds of the road leading from the turnpike to John Hobson’s at the north east corner of Kennedy’s lot, thence north eighty six degrees, thirty minutes west twenty one chains and eighty three & one half links to a stake, thence north three degrees east, ten chains & seventy six links to a stake, thence south eighty six degrees thirty minutes east nineteen chains & thirty links to the west bounds of the road: thence on the road south, nine degrees thirty minutes east eleven chains & six links to the place of beginning and conyaining Twenty two acres of land, + and also One Hundred Dollars, to be paid to her or her heirs by my Executors out of my personal property.

Eighth: I give and devise to my daughter Anna H. Wilson her heirs or assigns the following described land being part of lot Twelve in township Ten in the First Range in Phelps and Gorham’s Purchase. Beginning at the north east corner of Elizabeth Ann’s land on the road, thence north eighty six degrees, thirty minutes west nineteen chains and thirty links to a stake; thence north three degrees east six chains, ninety seven links to a stake; thence south eighty six degrees, thirty minutes east eighteen chains & forty links to the west bounds of the road; thence on the west bounds of the road south nine degrees thirty minutes east seven chains to the place of beginning, containing Thirteen Acres of land. + I also give and devise to my daughter Anna H. her heirs or assigns the following described land, being part of the lot in the same Township as above, beginning at the center of the Turnpike & Hobson’s road, thence north three degrees east on the centre of the road eleven chains & eighty six links, thence north eighty six degrees thirty minutes west thirteen chains and fifty links to a stake, thence south three degrees west six chains & forty three links to the centre of the Turnpike road, thence on the center of the road south sixty five degrees thirty minutes east six chains; thence south sixty three degrees east eight chains and thirty links to the place of beginning and containing Twelve and 44/100 Acres of land. Excepting and reserving out of the same One half acre of land which I deeded to the Trustees of School District no.15 in the Town of Seneca, and also Three Hundred and sixty two Dollars to be paid to her or her heirs by my Executors only of my personal property.

Ninth: I give and bequeath to my daughter Esther G. Hooper the dividends arising from Sixty four shares in the Chemung Rail Road to be paid to her by my Executors as often as dividends are made by said Company, during her natural life and after her decease the above shares be divided equally among her children, or the representatives of them if any be dead, so that the representatives may have the shares that the ancestor would be entitled to if living.

Tenth: In respect to the residue of my estate not herein otherwise discharged of, First and direct that in a reasonable time after my decease, the same shall be equally divided by my Executors among my children or their heirs hereafter named. The children of Theodore Whitney deceased one share, Jasper Whitney, Issac A. Whitney, William Whitney, Jonathan Whitney, Elizabeth A. Lewis, Esther G. Hooper, and Anna H. Wilson, or the descendents of such of them as shall have died, that is such descendents taking the share only to which their ancestor would be entitled if living. My son Ami Whitney Jr. having received his share of my property by deed bearing date the 24^th of March AD1863 & other property at other times making his full share of my property.

Lastly: I hereby name and appoint my Sons-in-law John Lewis and James Wilson my Executors of this my last Will and Testament. In Witness whereof I have hereunto set my hand and seal this Eighth day of April AD. 1863.

Ami Whitney

The above Testament consisting of two leaves and part of another was subscribed to by Ami Whitney the Testator in our presence, and was at the same time declared by him to be his last Will and Testament, and we at his request, signed our names thereto as witnesses.

Jay Dorman Residing in the Town of Seneca in the County of Ontario and State of New York.

Alanson Dorman Jr. Residing in the Town of Seneca the County of Ontario and State of New York.

I certify the foregoing to be a true copy of the last Will and Testament of Ami Whitney as proved before me. Recorded and compared this 16^th day of March AD 1868.

______ Ingate "

Transcribed February 23, 1999 by Denis Adams