Our thanks to Donna Whitehead for providing us with this will. Transcription of legal documents is tedious at best, and we are grateful for her work
Transcribed from copy provided by SAMPUBCO, Page 731
Be it Remembered, That heretofore, to wit: on the 12th day of July in the year of our Lord, one thousand eight hundred and eighty seven, Horace E. Littlefield of Ellisburgh Jefferson County New York Executor named in the last Will and Testament of Polly S. Littlefield late of the town of Ellisburgh 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 relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testatrix, and their respective residences, and they are as follows, viz: Wallace S. Littlefield of Taymouth Saginaw County Michigan - Emma L. Loomis of Scottville Mason County Michigan - Minnie P. Littlefield and said petitioner both town of Ellisburgh Jeff County, children of said testatrix and are all of full age and said Surrogate did thereupon issue a citation in due form of law, directed to the said heirs at law and next of kin of said testatrix by their respective names, and requiring them to appear before said Surrogate at his office in the City of Watertown, in said County, on the 5th day of September A.D. 1887, to attend the Probate of said Will.
And afterwards, to wit: on the 5th day of September A.D. 1887 satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said citation 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 5th day of September A.D. 1887, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs therefore to be sufficient, which said last Will and Testament and proofs are hereafter recorded in this book.
Polly S. Littlefield Estate
I, Polly S. Littlefield of the town of Ellisburgh in the County of Jefferson and State of New York being of sound and disposing mind and memory do hereby make publish and declare this my last will and testament in words following that is to say -
I give and bequeath to my son Horace E. Littlefield the sum of fifteen hundred dollars - and I also give and bequeath to him the further sum of one hundred dollars, which said sum of one hundred dollars is so given upon the express condition the he shall properly grade my family burial lot in Woodville Cemetery, and place and properly put up in said lot four corner Posts and four marking Posts, and cause the names of my deceased husband myself and two deceased children to be properly engraved upon the monument now erected on said lot, all of which shall be so done before the 30th day of May 1887, except that my name may be so engraved after that date, and within 60 days after my decease. -
I hereby give devise and bequeath to my daughter Minnie P. Littlefield my dwelling house and village lot on the West side of Main Street in the village of Belleville upon which I resided in the Summer of 1886, to her and her heirs absolutely and forever.
I give and bequeath to each one of the five children of Ira W. Littlefield, who may be living at my decease, the sum of twenty dollars.
I give and bequeath to my daughter Emma L. Loomis the sum of one thousand dollars
($1000.00) absolutely. I also give and bequeath to her the sum of one
thousand dollars ($1000.00) in trust nevertheless for the following purposes
vis - First - to purchase in her own name as trustee herein ten or fifteen acres of land in the State of Michigan, to be selected by her, with such buildings thereon as she may deem suitable, and lease the same to my son Wallace S. Littlefield from year to year during his natural life for a home for himself and his family and for their support. Second at his death to convey said lands to his children then living, equally as tenents (sic) in common, absolutely and forever. Third the balance or remainder of said one thousand dollars, after making said purchase of ten or 15 acres of land she shall safely invest, and pay out and extend, in each year such portion or portions thereof, either principal or income as she shall deem necessary for the support of my said Son Wallace S. Littlefield, and his family and for repairs and taxes on the said premises - and whatever portion shall remain at his death, to be divided equally between his children then living. The "word children" as used in this the fourth clause of my will shall include his children, by his present wife Mary, and shall not include his children by his former wife Elida. But lastly if at the death of my said Son Wallace S. Littlefield, there should not be living any of his children by his said wife Mary, then and in that case my said trustee shall sell and convey said lands, and the proceeds of such sale, and all that may remain of said $1000 - she shall divide equally among my children
then living and the descendents of those who may be dead, always excluding the children of my said son Wallace S. by his former wife Elida.
All the rest residue and remainder of my estate I give devise and bequeath to my three children Emma L. Loomis, Wallace S. Littlefield and Minnie P. Littlefield as follows - one third thereof to each of said daughters absolutely - and one third thereof to my said daughter Emma L. Loomis in trust as aforesaid for the support of said Son Wallace S. Littlefield and his family, to be disposed of by her as aforesaid.
I hereby appoint my son Horace E. Littlefield sole executor of this my last will and testament, hereby revoking all former wills by me made and I hereby authorize and empower my said executor to sell and convey any and all of my real estate not herein disposed of and convert the same into money for any of the purposes of this will.
Witness my hand and Seal this 25th day of March A.D. 1887
Polly S. Littlefield (S.S.)
The foregoing instrument was at the date thereof signed, sealed published
and declared by the said testatrix Polly S. Littlefield as her last will and
testament, and we at her request, and in her presence, and in the presence
of each other signed our names at the end thereof as witnesses thereto,
M. A. Hackley of Belleville Jeff Co. N.Y.
Mrs. Selina Littlefield Ellisburgh N.Y.
is blank (pre-typed part is crossed off)
In the matter of proving The Last Will and Testament of Polly S. Littlefield, deceased.
Jefferson County, ss.
Mills A. Hackley of Ellisburgh in said County and Selina Littlefield of the same place being first duly sworn in open Court, upon their several corporeal oaths, each for himself & herself doth despose and say that they are subscribing witnesses to the last Will and Testament of Polly S. Littlefield late of the town of Ellisburgh in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Polly S. Littlefield deceased, did, in the presence of each of these deponents, subscribe her name at the end of the instrument, in writing, 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 25th day of March one thousand eight hundred and Eighty Seven.
That the said deceased did, at the time of subscribing her name to the said instrument as aforesaid, declare the same to be her last Will and Testament; and these deponents did thereupon subscribe their own respective names at the end of said instrument as attesting witnesses thereof, each at the request of the said deceased, and in her presence and in the presence of each other. That the said deceased, at the time of so subscribing her name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age and a citizen of the United States. That she appeared to be, and deponents believe she was of sound mind, memory and understanding and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate. That each of these deponents saw the other sign his & her name to said instrument, in the presence of the said deceased.
Subscribed and sworn to before me, this 5th day of September 1887.
M. A. Hackley
Mrs. Selina Littlefield
Ross C. Scott
Jefferson County, ss.
It appearing upon the proofs duly taken in respect to the last Will and Testament of Polly S. Littlefield late of the town of Ellisburgh in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Polly S. Littlefield at the time she 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 5th day of September A.D., 1887,
Ross C. Scott, Surrogate
(Note: The above was transcribed by Donna Whitehead of Michigan and sent to the county coordinator of Jefferson County, NY and SAMPUBCO for preparation for the USGenWeb Project Archives. I have this as a Word document as well and can send that upon request.)
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