JEFFERSON COUNTY, NEW YORK

WILLLIAM HOUGHTON

Page 373

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

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