JEFFERSON COUNTY, NEW YORK


421 The Last Will and Testament of

Lucy A. Fillmore,
DECEASED.

Be it Remembered, That heretofore, to wit: on the 19th day of January____

in the year of our Lord, one thousand eight hundred, and eighty Eight Helene A. Dack of Ellisburgh Jefferson County New York.
Executrix named in the Last Will and Testament__________________of Lucy A. Fillmore__________
late of the ___Town___ of ____ Ellisburgh________________in the County of Jefferson, deceased, appeared in
open Court before the Surrogated 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:
Zurial C. Thayer
of Bellm..d Wright County, Iowa only living brother of said testatrix
Sarah F Philps of Corunia Shiawassi County Michigan and
Mary A. Gale of Lawlerville, Livingston County Michigan children of Joseph Thayer a deceased brother of said testator
Frankie Marrus of Larrabee Foster Co GJ and Clarence L. Thayer of Genesee Henry County Illinois-
children of Lewis Thayer a deceased brother of said testatrix,
Maryetta Robosia of Adams and Lucy H. Johnson of Watertown both of Jefferson County New York Children of Benjamin F. Thayer a deceased brother of said testatrix.

Henry M. Fillmore and Millard M. Fillmore both of Ellisburgh Jefferson County N.Y children of Maryette Fillmore a deceased sister of said testatrix
all of said above named persons are 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 ___12th day of March A.D.1888 to attend the Probate of said Will.

and afterwards, to wit: on the 12th _______day of______March______ A.D. 1888___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 the ___12th _day of ____March__ A.D., 1888 and upon this 5th day of April, 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. Ross C. Scott Surrogate.

422 Lucy A. Fillmore's Estate
~Will~
The Last Will and Testament of Lucy A. Fillmore of the Town of Ellisburgh County of Jefferson and State of New York.
I, Lucy A. Fillmore being of sound mind and memory, aware of the uncertainty of life and the certainty of death, and desirous of making an equitable and proper disposition of my property at my decease, I do make, ordain, publish and declare this to be my last will and testament in the manner and form following, that is to say:

First

After all my Lawful debts are paid and discharged I give devise and bequeath unto George F. Dack all of my Personal Property out of the dwelling House upon the farm. Consisting in part of Stock of all kinds that may be upon the premises at the time upon my decease Horses, Cattle Sheep Swine Farming Tools and fixtures Grain and all and every kind of Personal Property about and upon the premises of every name and nature whatsoever except what may be in the dwelling House to his absolute and forever.

2nd

I give devise and bequeath to Helen A. Dack all of my Household goods Beds Bedding Carpets Furniture Clothing and all other fixtures and furniture of every name and nature whatsoever.

3rd

I give devise and bequeath to MaryEtta Hurstis and Lucy H. Johnson My Nieces to each the sum of Four Hundred Dollars

4

And lastly I give devise and bequeath all of the rest and residue of my estate both Real and Personal of every name and nature whatsoever and Wherever Situate to my Adopted daughter Helen A. Dack to be hers absolutely and forever Likewise I make constitute and appoint my said adopted daughter Helen A. Dack to be Executrix of this my last will and Testamaent, hereby revoking all former wills by me made. In witness thereof I have hereunto subscribed my name and affixed my seal the sixteenth day of January in the year of our Lord one thousand eight-hundred and eighty-six Lucy A. Fillmore SS

423

The foregoing instrument was at the date thereof subscribed by Lucy A. Fillmore the testator therein named in the presence of us and each of us. She at the time of making such subscription, acknowledged that she executed the same, and declared the said instrument so subscribed by her to be her last Will and Testament- Whereupon we, at her request, and in her presence, and in the presence of each other, do here subscribe our names as witnesses thereto.
C. F. Armsbury residing at Bellville Jeff Co N.Y.
David Worthington residing at Ellisburgh " " N.Y.

424

State of New York
SURROGATE'S COURT.
JEFFERSON COUNTY.
Before ROSS C. SCOTT, Surrogate. in the matter of proving the will of the real and personal estate of Lucy A. Fillmore_______________, deceased.

County of Jefferson, ss.

David M. Worthington of the town of Ellisburgh________in said County, being first duly sworn, deposeth and saith that on the 16th day of January 1886, at Ellisburgh aforesaid he saw Lucy A. Fillmore deceased, subscribe the instrument now shown to this deponent and which pur- ports to be the last Will and Testament of Lucy A. Fillmore late of the town of Ellisburg in said County, deceased, bearing date the 16th day of January in the year of our Lord one thousand eight hundred and Eighty Six . That on the day of the date aforesaid, and at the time of signing the same, he heard the said Lucy A. Fillmore declare the same to be her last Will and Testament, and that he, this deponent, and C F Armsbury__, the other subscribing witness, did then subscribe their names thereto as witnesses, at the request and in the presence of the said Lucy A. Fillmore and of each other; that at the time thereof, the said Lucy A. Fillmore was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a Will.

Sworn this 12th day of
March 1888 David M. Worthington
Ross C. Scott
Surrogate
State of New York
SURROGATE'S COURT.
JEFFERSON COUNTY.

Before ROSS C. SCOTT, Surrogate. in the matter of proving the will of the real and personal estate of Lucy A. Fillmore_______________, deceased.

County of Jefferson, ss.

Collius F. Armsbury of the town of Ellisburgh________in said County, being first duly sworn, deposeth and saith that on the 16th day of January 1886, at Ellisburgh aforesaid he saw Lucy A. Fillmore deceased, subscribe the instrument now shown to this deponent and which pur- ports to be the last Will and Testament of Lucy A. Fillmore late of the town of Ellisburg in said County, deceased, bearing date the 16th day of January in the year of our Lord one thousand eight hundred and Eighty Six . That on the day of the date aforesaid, and at the time of signing the same, he heard the said Lucy A. Fillmore declare the same to be her last Will and Testament, and that he, this deponent, and David M. Worthington__, the other subscribing witness, did then subscribe their names thereto as witnesses, at the request and in the presence of the said Lucy A. Fillmore and of each other; that at the time thereof the said Lucy A. Fillmore was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a Will.

Sworn this 12th day of

April 1888 Ross C. Scott C. F. Armsbury
Surrogate

Jefferson County, ss.

It appearing upon the proofs duly taken in respect to the last Will and Testament________ of Lucy A. Fillmore_______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 Lucy A. Fillmore_____ 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 of the Provisions of the Revised Statutes, this 5th day of April A.D. 1888 Ross C. Scot_____Surrogate.

Transcribed from SAMPUBCO copy by
Vera Mae Rudd-Young
Jefferson County, NY-27-421
Fillmore, Lucy A Ellisburgh 27-421

transcribed February 19, 2006
First cousin to Lucy Fillmore, 5 times removed


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