(Date will is made - March 8, 1817)
(Probate date is 1832)

 Be it remembered that I Samuel McClintock Junior of Brandywine Hundred County of New Castle and State of Delaware being somewhat advanced in years being of a sound and disposing mind and and memory blessed be the Lord for his mercies and calling to mind the uncertainty of this life and that it is appointed for men once to die and being being desirous to settle my temperal affairs have thought proper to make and publish this my last will and testament in manner as is hereafter mentioned to wit. First it is my mind and will that all my just debts and funeral expenses be paid within a reasonable time after my decease by Executors herein after named.

ITEM - I give and bequeath to my beloved wife Mary and to her heirs and assigns forever all my goods and chattels whatsoever the same may consist of after debts and funeral expense being paid as aforesead and for the full accomplishments of this my last will and testament. I do hereby nominate consititute and appoint my aforesaid wife Mary whole and sole executor of this my last will and testament hereby invoking annulling and making void all and any other will or wills by me at any time heretofore and declare this and no other to be my last will and testament. In witness whereof I Samuel McClintock the testator have hereunto set my hand and seal this eighth day of March, one thousand eight hundred and seventeen.

Signed sealed and published pronounced and declared by the said Samuel McClintock the testator and as for this last will and testament in the presence of us who have subscribed our names hereto as evidences at his request in his presence of each other; William Talley, Joseph W. Day, John Day Junior

In the matter of proving the last will and testament of Samuel McClintock late of the Hundred of Brandywine the County of New Castle and State of Delaware _____. The Executor of this commission appears by the schedule thereto annexed.

Allanson Bennett � Surrogate of the County of Oneida in the State of New York

 You shall according to the best of your will and knowledge truly faithfully and impartially take the examination and _______ of the witness to be produced and _____ by virtue of the commission and upon the interrogatory hereto annexed so help you God.

Subscribed and sworn to this fourth day of June AD 1832 before me - Allanson Bennett

Position of the witness produced sworn and examined on this fourth day of June in the year of our Lord one thousand eight hundred and thirty two by virtue of a commission issued out of the court for the probate of wills and granting of sellers of administration for the County of New Castle and State of Delaware_____to the surrogate of the County of Oneida for the examiniation of John Day Junior a witness to a certain instrument purporting to be the last will and testament of Samuel McClintock late of the Hundrred of Brandywine in the County of New Castle and State of Delaware.

John Day Junior of the City of Utica in the County of Oneida and State of New York aged 48 years being produced sworn and examined in ____ of the commission hereto specified on the part of the Executrix in said will named doth upon and say as follows:

To the first interrogatory:
That I have known Samuel McClintock for more than thirty years immediately preceding the date of this said will hereto attached and knew the said Samuel McClintock up t the time that I removed to the County of Oneida which is about five years ago but have no knowledge of the death of the said Samuel McClintock.

To the second interrotatory
I have carefully examined the papers produced and shown to me at this time consisting of one page and prefixed to the commission in this matter that the said paper was signed and sealed in the manner that is now sealed and published and declared by the said Samuel McClintock then of the Hundred of Brandywine and County of New Castle and State of Delaware on the eight day of March in the year of our Lord one thousand eight hundred and seventeen as and for his lst will and testament in my presence and in the presence of William Tally and Joseph W. Day which were the only persons that I now recollect that were present at the time of the execution and publishing as aforesaid.

Ans to the third interrogatory
I have carefully examined the signatures of myself and William Talley and Joseph W. Day to will of Samuel McClintock in the latter of these interrogatories named that my name and the names of William Talley and Joseph W. Day are in the proper handwriting of each of us respectively that is each one of us wrote his own name.

Ans to the fourth interrogatory
I signed my name as a witness to the will of Samuel McClintock in the _____ of these interrogatories named in the presence of the said Samuel McClintock at his request and also in his presence of William Talley and Joseph W. Day who also signed the _____ as witness in the presence of the said Samuel McClintock and at his request and in my presence and in the presence of eath other.

Ans to the fifth interrogatory
At the time before mentioned when the said Samuel McClintock in the ____ of these interrogatories mutually signed the said will and at the time he sealed published and declared the said paper writing as and for his last will and testament he the said Samuel McClintock was of sound and disposing mind memory and understanding that I had been long and well acquainted with him, was in tolerable health capable of going about and attending to business and with his mind perfectly unimpaired.

Ans to the last interrogatory
The Estates Executed the said will in no other manner than I have before stated and set forth at large and that I have no other or further answers to make. � John Day Jr.

Affirmed before me - Allanson Bennette - Surrogate

The said John Day Jr. having conscientious scruples and objection to swearing on the Holy Evangelist of Almight God or by the____ Gods. The following is a copy of the affirmation by him admistered to the said witness "You do solmenly sincerely and truly affirm and declare tha you will true answers make to all such questions as shall be asked you upon these interrogatories to this Commission annexed and there in you shall speak the truth the whole truth and nothing but the truth so help you God"

Oneida County - Surrogate Court, I Allanson Bennette, Surrogate of the County of Oneida in the State of New York, so certify that John Day Junior appeared before me the person in the prefixed ____ upon named and was duly sworn and examined the foregoing interrogatories and made the answers to the several interrogatories as set to each one and after the several answers had been committed to writing that they were carefully had over to him the said John Day Junior in my presence ____ by name thereto. The testimony whereof I have hereunto set name and affixed my official seal this fourth day of June in the year of our Lord one thousand eight hundred and thirty two.

Allanson Bennett � Surrogate

COMMISSIONS FROM THE REGISTERS COURT
NEW CASTLE COUNTY, DELAWARE

April 28, 1832

(date made March 8, 1817)

Relating to the last Will and Testament of Sam’l McClintock deceased
Evan H. Thomas � Registar

Recorded in Book T (or J)

Pages 15 __

 The State of Delaware to Allanson Bennett Esquire
Surrogate for the County of Oneida in the State of New York
residing in the city of Utica in the said County & State

Know ye, that we confiding in your prudence fidelity have appointed you and by these presents do give into you full power and authority to examine John Day Jr now or late of the City of Utica in the State of New York upon certain interrogatories is hereunto anneced touching the executions of a certain instrument of wirting purporting to be the last will and testament of Samuel McClintock late of the Hundred of Brandywine in the County of New Castle & State of Delaware deceased. And therefore we do hereby give unto you full power and authority at a certain day and place to be appointed by you for that purpose to call before you the said witness then and there to examine said witness upon the interrogatories upon oath on affirmations first taken before you and to take each examination and reduce the same to writing and when you shall have so done you are to send the same to the register for the Probate of Wills and granting Letters of Administration in and for the County of New Castle in the said State of Delaware dwelling in the town of New Castle without delay closed up under your hand and seal distinctly and plainly set forth together with the Interrogatories and this Will and we require of you that before you act in or be present at the swearing, affirming, or examining of said witness you do take the oath or affirmation, first specified in the Schedule hereunto annexed, said oath or affirmation, to be administered by same proper officer.
In witness whereof, Evan H. Thomas Esq.

Resistor for the probate of wills and granting letters of administration in and for the County of New Castle & State of Delaware aforesaid hath hereunto subscribed his name and affixed the seal of Register at New Castle this twenty eighth day of April in the year of our Lord eighteen hundred and thirty two.
Evan H. Thomas � Resiter

Oath or affirmation of Commissioner. You shall according to the best of your skill and knowledge truly faithfully & impartially take the ecamination of desposition of the witness to be produced and examined by virtue of the Commissions & upon the Interrogatories hereto annexed so help you God or so you affirm.

Interrogatories to be administered to John Day now or late of the City of Utica in the County of Oneida in the State of New York touching the execution of an instrument of writing purporting to be the last will and testmant of Samuel McClintock late of the Hundred of Brandywine in the County of New Castle & State of New York deceased.

First:� Did you know Samuel McClintock the Testator in the title of these Interrogatories named. If yea when did he depart this life.

Second: Look upon the paper wiritng now produced and shown to you at this the time of your examination consisting of one page, whether or not was the said paper writing at any time and when signed, sealed, published and declared by the said Samuel McClintock in the title of these Interrogatories named as and for his last Will and Testament in your presence and in the presence of any other person or persons shown.

Third: Whether or not is your name and the name of the other person or persons set on subscribed as witness hereto of your or his proper handwriting respectively.

Fourth: � Whether or not did you and such other person or persons or either of which of you set or subscribed your name or names as a witness or witnesses there to in the presence of the said Testator and at his request. Whether or not did you and such other person or persons and which of you set or subscribed your name or names as witnesses thereto in presence of each other.

Fifth: � Whether or not ws the said Testator at the time of his signing, sealing, publishing and delcaring the said paper writing as and for his last Will and Testament or otherwise executing the same of sound and disposing mind memory and understanding or how otherwise as you for any and what reason know and believe.

Lastly: If the said Testator executed the said paper writing in any other manner, than is hereinbefore interrogated about, set forth the same fully and at large.

Evan H. Thomas - Register

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