Jefferson Co., NY
Will Book 16, pg 452
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
Last Will and Testament of
Napoleon B. Gates
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
pg 453
Napoleon B. Gates Estate
Will
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.
pg 455
SURROGATE'S COURT
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.