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
The Last Will and Testament of Polly S. Littlefield, deceased.
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
($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.
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.,
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.)