The Last Will and Testament of
William Houghton,
DECEASED.
Be it Remembered, That heretofore, to wit: on the 27th day of November
in the year of our Lord, one thousand eight hundred, and ninety..Harriet C. Houghton of the town
of Theresa Jefferson County N. Y., the Sole
Executor named in the Last Will and Testament-----------------------------of William Houghton
late of the Town of Theresa------------------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 Testa-
ment 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 testator, and their respective residences, and they are as follows, viz:
Harriet C. Houghton widow Theresa, NY
Elijah M . Son 305 Peru Ave Detroit Mich
Edwin S. " Fountain Colorado
William A. " Corning California
James H. " Philadelphia NY
Roy A. " Theresa NY
and said Surrogate did thereupon issue a citation in due form of law, directed to the __________
heirs at law and next of kin___________________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 8th day of
January________A.D., 1901 to attend the Probate of said Will and afterwards, to wit:
on the 8th day of JanuaryA.D. 1901 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 said Surrogate having duly appointed
John H. O'Brien Atty at Law of the City of Watertown NY special Guardian
of Roy A. Houghton a minor duly served with the Citation and said Special
Guardian having immediately appeared before the said Surrogate
___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 January A.D., 1901
and he thereupon adjudged the said Will_____________________ to be a valid Will___________
of Real and Personal Estate, and the proof's thereof to be sufficient, which said Last Will and Testament______
___________________________and proofs, are hereinafter recorded in this book.
XXXXXXXX Surrogate.
374
William Houghton's Estate
~Will~
In the name of God Amen
I, William Houghton of the Village of Philadelphia, County of Jefferson
and State of New York, being of sound mind and memory, do make,
publish and declare this my last Will & Testament, in the manner following,
that is to say:
First: I direct that all my just debts and funeral expenses be paid
Second:- I give and bequeath to my wife Harriet C. Houghton all of my
personal property of every kind and description, except the notes or other
obligations I may hold against some of my children for which, provision is here-
inafter made.
Third:- If my son Cleveland A. Houghton be living at my decease I give
and bequeath to my son Elijah M. Houghton the sum of One Thousand ($1000.)
dollars, In Trust nevertheless for the support, medical attendance and care
of my son Cleveland A. Houghton to use the interest or such part of the princi-
pal as he may deem best for said purposes and in case said Elijah M.
Houghton should die before the decease of said Cleveland A. Houghton,
then, in that event, I give and bequeath the said one thousand dollars,
or such part as may be remaining to my son James H. Houghton In Trust
nevertheless and for the purpose above stated. Should there be any balance
of said one thousand dollars remaining at the death of said Cleveland A.
Houghton, such balance or remainder I give to my children herein
surviving, share and share alike.
And I expressly make this bequest a charge against & a lien upon my
real estate and I hereby direct and empower my Executrix hereinafter
named to raise such sum by mortgage upon my real estate at such time
and upon such terms & conditions as she may deem best and necessary.
Fourth:- I give and bequeath to my wife Harriet C. Houghton the
use of all the real property of which I may die seized during her life,
subject to the bequest hereinbefore provided for the benefit of said Cleve-
land A. Houghton And I hereby give unto the said Harriet C. Houghton
full control and management of said real property.
Fifth:- Upon the death of my wife Harriet C. Houghton, I devise
all the real estate of which I may die seized in the following shares
upon the following terms and conditions to my Children, William A.
Houghton, James H. Houghton, Elijah M. Houghton, Edwin S.
Houghton, Cleveland A. Houghton and Roy A. Houghton.
1st To my son Elijah M. Houghton, I devise one sixth of my
said real estate less the amount then due upon the notes or
other obligations held by my estate against my son Cleveland A. Hough-
ton, In Trust nevertheless for said Cleveland A. Houghton with
full power to use said sum, if any there be, for the benefit, support
& care of said Cleveland A. Houghton.
2nd To my son William A. Houghton, I devise one sixth of my
said real estate less the amount then due upon the note or other
375
obligations that my estate may hold against the said William A. Houghton,
3rd To my son Edwin S. Houghton I devise one sixth of my said
real estate less the amount then due upon the notes or other obligations that
my estate may hold against the said Edwin S. Houghton.
4th To my son Elijah M. Houghton, I devise one sixth of my said
real estate less the amount then due upon the notes or other obligations
that my estate may hold against the said Elijah M. Houghton and the said
Elijah M. Houghton shall be credited upon said notes for all money paid out by
him for the benefit of Cleveland A. Houghton.
5th To my sons James H. Houghton & Roy A. Houghton I devise all
the rest and remainder of my real estate to be divided equally between
them, share and share alike.
6th The indebtedness of four of my sons as herein stated shall be deducted
from their shares as above provided without regard to the Statute of Limitations
having run.
7th In case of the death of my said Children before the decease of my
said wife Harriet C. Houghton, the share of said deceased child or children
shall be taken by the said children surviving, share and share alike,
unless such child or children shall leave issue then surviving
in which event, said issue shall take the share the parent should have
received if living.
Lastly, I hereby appoint my wife Harriet C. Houghton, sole Executrix of
this my last Will & Testament: hereby revoking all former wills by me
made.
In witness Whereof, I have hereunto subscribed my name the 17th day
of January 1900.
William Houghton
We whose names are hereto subscribed, do certify that William
Houghton, the Testator, subscribed his name to this instrument in our
presence and in the presence of each of us, and at the same time, in our presence
& hearing, declared the same to be his last Will & Testament, and requested us,
and each of us, to sign our names thereto as witnesses to the execution thereof,
which we hereby do in the presence of the testator and of each other, on
the date of the said Will & write opposite our names our respective places
of residence
Chas M. Stilwell residing at Philadelphia, N. Y.
J.F. LaBue residing at Philadelphia N. Y.
376
SURROGATE'S COURT.
IN THE MATTER OF PROVING
THE LAST WILL and TESTAMENT of
William Houghton
____DECEASED
Jefferson County, ss.
Charles W. Stillwell of Philadelphia NY___________________
and J. F. LaBue of Philadelphia "_____________________
being first duly sworn in open Court, upon their several corporeal oaths, each for himself______doth depose
and say that they are subscribing witnesses to _______________________________ the Last Will and Testament of
William Houghton____late of the Town of Theresa__________
in the County of Jefferson, and State of New York, deceased, did, in the presence of each of these deponents, subscribe
his 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 17th
day of January____ one thousand nine hundred and_______
That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the
same to be __________________________his last Will and Testament: and these 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 the said deceased, and in his presence and in the presence of each other. That the said deceased, at the time
of so subscribing his 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 he appeared to be, and deponents believe he was of
sound mind, memory and understanding and not under any restraint, and as deponents verily believe, in all respects com-
petent to devise real estate. That each of these deponents saw the other sign his----name to said instrument,
in the presence of said deceased.
Subscribed and sworn to before me this 8th Chas W. Stilwell
day of January 1901 J. F. LaRue
C. L. Adams
Surrogate
Jefferson County, ss.
It appearing upon the proofs duly taken in respect to the last Will and Testament________
of William Houghton_______late of the Town of Theresa________
in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said
William Houghton_____ 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 January A.D. 1901
-------------------Surrogate.
Transcribed from SAMPUBCO copy by V. Ruddyoung
Jefferson County, NY -23-39-373
Houghton,William-Theresa 39-373
February 11, 2006,
wife of great grandson