Per request of my SAMPUBCO customer, Donna Barnes attached will in text format to be added to Jefferson Co. NY site. Please acknowlege her as submitter
Be it Remembered, That heretofore, to wit, on the 20th day of April in the
year of our Lord one thousand eight hundred and Seventy Six, Catherine M.
Gates of Theresa, Jefferson Co., NY., Executrix named in the Last Will and
Testament of Napoleon B. Gates, late of the town of Antwerp in the County of
Jefferson deceased, appeared in open Court, before the Surrogate of the County
of Jefferson and made application to have the said last Will and Testament
which related to both Real and Personal Estate, proved and in such application
the said surrogate did ascertain by satisfactory evidence who were the widow
heirs at haw and next of kin of the said testator, and their respective
residences, And they are as follows: Viz
Julia M. Carr of Lowell, Kent Co.,Michigan,
Lydia A. Brown and Annette (?) M. Hunt of Ames, Story County, Iowa Children of said testator and said petitioner,
widow of said testator -
all of full age
and said Surrogate did thereupon issue a citation in due form of law, directed to the widow heirs at law and next of kin of said testator, by their respective names stating their respective places of residence and requiring them to appear before said Surrogate at his office in the City of Watertown in said County, on the 2nd day of May A. D. 1876, to attend the Probate of said Will and afterwards towit - on the 2nd day of May 1876 on the application of said petitioner no one opposing said Surrogate duly adjourned said matter to the 8th day of May A.D. 1876.
And afterwards, to wit: on the 8th day of May A. D. 1876 satisfactory
evidence by affidavit was produced and presented to said Surrogate, of the due
service of said citiation in the mode prescribed by law, and on that day, no
one appearing to oppose the Probate of such Will such proceedings were
thereupon had in said Court . Afterwards, that the said Surrogate took the
proofs of said Will hereinafter set forth, upon this 8th day of May A.D. 1876,
and he thereupon adjudged the said Will to be a valid Will of Real and
Personal Estate, and the proofs thereof to be sufficient, which said last Will
and Testament and proofs, are hereinafter recorded in this book.
W. W. Taggart, Surrogate
In the name of God Amen. I N. B. Gates considering the uncertainty of this mortal life and being of sound mind and memory, do make, ordain, publish and declare this to be my last Will and Testament, that is to say:
First: After all my lawful debts are paid and discharged, I give devise and bequeath unto my beloved wife Catherine M. Gates all my property both personal and real estate and all goods and chattals of what kind soever may be in my possession at the time of my death.
Likewise I do hereby make constitute and appoint my said beloved wife Catharine M. Gates sole executrix of this my last will and testament my property as heretofore specified to be at her disposal during her natural lifetime and whatever remains if any to be divided equally between my three children (or in case of the death of either of them to their heirs: viz Julia M. Carr, Lydia A. Brown and Em??? M. Hunt.
Likewise I make constitute and appoint (no name) to be executrix of this my
last Will and Testament, hereby revoking all former wills by me made. In
witness whereof I have hereunto subscribed my name and affixed my seal the
(11th) Eleventh day of January in the year of our Lord one thousand eight
hundred and seventy five (5).
N. B. Gates (L S)
The above instrument consisting of one sheet was at the date thereof subscribed by N. B. Gates in the presence of us and each of us: he at the time of making such subscription, acknowledged that he made the same and declared the said instrument so subscribed by him to be his last Will and Testament . Whereupon we then and there at his request and in his presence and the presence of each other subscribed our names as witnessed thereto.
Sarah Taylor residing at Theresa, Jefferson Co., N.Y.
Robert W. Hunt residing at Theresa, Jefferson Co., N.Y.
In the matter of proving the Last Will and Testament of Napoleon B. Gates, deceased.
Jefferson County, SS
Sarah Taylor of Brownville formally of Theresa and Robert W. Hunt of Antwerp formerly of Theresa, both of Jefferson County, N.Y. being first duly sworn, in open Court, upon their several corporeal oaths, each for himself and herself doth depose and say, that they are subscribing witnesses to the last Will and Testament of Napoleon B. Gates late of the town of Antwerp in the County of Jefferson and State of New York deceased. And these deponents do further say, that the said Napoleon B. Gates, deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument in wirting, which is now here shown to these deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the 11th day of January one thousand eight hundred and Seventy five. That the said deceased did, at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament and those deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of said deceased, and in his presence and in the presence of each other. That the said deceased, at the time of subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upward of twenty-one years of age, and a citizen of the United Stated, that he appeared to be, and deponents believe he was of sound mine, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate; that each of those deponents saw the other sign him/her name to said instrument in the presence of said deceased.
Subscribed and sworn to before me this 8th day of May 1876.
W. W. Taggart, Surrogate
Robert W. Hunt Sarah Taylor
Jefferson County, SS
It appearing upon the proofs duly taken in respect to the last Will and Testament of Napoleon B. Gates late of the town of Antwerp in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Napoleon B. Gates at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the Provisions of the Revised Statutes, this 8th day of May A.D. 1876.
W. W. Taggert, Surrogate
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