Genesee County ,Darien NyArchives Wills.....Rogers, Daniel V. April 12, 1869 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joseph Darby c1373m@comcast.net January 15, 2007, 11:41 am Source: Sampubco Will Ny-19-12-77 Written: April 12, 1869 Recorded: October 28, 1872 Wills: Daniel V. Rogers: Town of Darien, Genesee County, State of New York Contributed for use in USGenWeb Archives by Joseph Darby, c1373m@comcast.net Copyright 2007 ************************************************************************ USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org _____________Daniel V. Rogers__________Testator_______ At a Surrogates Court, held in and for the County of Genesee, at the Surrogates office in the town of Batavia in said County, on the Twenty Eighth day of October, in the year of our Lord, One thousand Eight hundred and Seventy two. Present Lucius N. Bangs, Surrogate ____Genesee County. SS____ Be it remembered that heretofore, to wit, on the Fifth day of October, in the year of our Lord, One thousand Eight hundred and Seventy two, Abigail Rogers, the widow and the Executrix named in the last Will and Testament of Daniel V. Rogers, late of the town of Darien, in the County of Genesee, deceased, appeared in open court, before the Surrogate of said County, and made application to have said last Will and Testament, which relates to real and personal estate proved; and on such application the Surrogate did ascertain by satisfactory witness who new the widow, heirs and next of kin of the Said testator and their respective evidences. And said Surrogate did therefore issue a citation in due form of law, directed to James E. Rogers, David A. Rogers and George E. Rogers, heirs and next of kin of the Said testator, stating therein their respective places of residence, requiring them to appear before the said Surrogate, at his office in the town of Batavia, in said County on the 28th day of October 1872, to attend he probate of said Will; and afterwards, on the 28th day of October, aforesaid, satisfactory witness was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law, and Mary F Rumblo, a daughter of said testator, having in writing duly waived the issue and service upon her of a Citation to appear and attend the probate of said Will, and Abigail Rogers, the Widow and Executrix, as aforesaid, together with James E. Rogers, named in said Will as Executor thereof, appearing for the purpose of proving the same, a Special guardian was appointed to take care of the interest of George E. Rogers, a minor heir of the said testator, in the matter of the proof and probate of said Will, who appeared in open court in behalf of such minor, and no one appearing to oppose the probate of such will, such proceedings were thereupon had, that the Surrogate took the proof of said will hereinafter set forth, upon this Twenty Eighth day of October A D. .1872, and adjudges the same 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 as follows, that is to say:____ ___In the name of God Amen. I, Daniel V. Rodgers of the town of Darien County of Genesee and State of New York being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make ordain publish and order this to be my last Will and Testament, that is to say: ___First___After all my lawful debts are paid and discharged I give and bequeath unto my beloved wife Abigail all my real and personal estate of whatever state or kind to have and to control and enjoy the same so long as she shall remain my widow. In case she shall remarry it is my will that then she shall have the use of one third of my property during her natural life and the remaining two thirds of my property it is my will should be equally divided among my children or their heirs and at the decease of my said wife that the remaining property shall also be divided among my natural heirs as aforesaid. And I do hereby constitute and appoint my said wife Abigail Rodgers and my son James Edgar Rodgers Sole Executrix & Executor of this my last Will and Testament. In witness whereof I have hereunto set my hand and Seal this 12th day of April 1869. Daniel V. Rogers L.S. The above instrument consisting of one sheet was now here subscribed by Daniel V. Rodgers the testator in the presence of each of us and was at the same time declared by him to be his last Will and Testament and we at his request sign our names hereto as attesting witnesses. T. B. Turner Darien, Genesee Co. N.Y. H. B. Whaley Darien, Genesee Co. N.Y. ________Genesee County Surrogates Court_____________ In the matter of proving the last Will and Testament | - of - | Genesee County SS __________Daniel V. Rogers, deceased________________ | Thatcher B. Turner of the town of Darien in said County being first duly sworn and examined before the Surrogate of said County, in open court, doth depose and say, that he was well acquainted with Daniel V. Rogers, late of the town of Darien, in said County, deceased, that he is a subscribing witness to the instrument purporting to be the last will and Testament of the said decedent, now shown and exhibited to him, And the deponent further says, that the said decedent did in his presence subscribe his name at the end of the instrument which is now shown and exhibited to him and offered for probate, and which purports to be the last Will and Testament of the said decedent, and which bears the date the Twelfth day of April in the year of our Lord One thousand Eight hundred and Sixty nine; that the said decedent, at the time of subscribing his name to the said instrument, as aforesaid, did declare the said instrument so subscribed, to be his last Will and Testament; and this deponent and Hiram B. Whaley, at that time a resident of the town of Darien aforesaid, did thereupon severally subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request and in the presence of the said decedent, and in the presence of each other; that the said decedent, at the time of subscribing his name to the said instrument as aforesaid, was upwards of twenty one years of age; that he appeared to be of sound mind and memory, and in all respects competent to devise real and to bequeath personal estate, and that he was not under any restraint to the knowledge or belief of this deponent; and that said last Will and Testament was so executed and published on or about the Twelfth day of April, in the year of our Lord, One thousand Eight hundred and Sixty nine. And this deponent further says, that the said Hiram B. Whaley is a resident of the State of Iowa, and is not now within the jurisdiction of the State of New York. Subscribed, Sworn and examined | T. B. Turner This 28th day of October A.D. 1872 | before me L. N. Bangs. Surrogate. ________Genesee County Surrogates Court_____________ In the matter of proving the last Will and Testament | - of - | Genesee County SS __________Daniel V. Rogers, deceased________________ | Nathaniel Read, of the town of Pembroke, in said County, being first duly sworn and examined, before the Surrogate of said County, in open Court, doth depose and say, that he is well acquainted with Hiram B. Whaley, late a resident of the town of Darien, in said County, and with his style and manner of hand writing, having often seen him write, and that he verily believes that the signature H. B. Whaley subscribed as a witness to the instrument in writing, now produced and exhibited to him, and offered for probate, bearing date the Twelfth day of April, in the year of our Lord, One thousand Eight hundred and Sixty nine, purporting to be the last Will and Testament of Daniel V. Rogers, late of the town of Darien, in the county of Genesee and State of New York, deceased, is he true and genuine hand writing and signature of the said Hiram B. Whaley. And this deponent further says, that he is informed and believes, that the said Hiram B. Whaley is a resident of the State of Iowa, and is not now within the jurisdiction of the State of New York. Subscribed, Sworn and examined, | N. Read. this 28th day of October A.D. 1872. | before me L. N. Bangs. Surrogate Genesee County Surrogates Court - It appearing upon the proofs duly taken in respect to the last Will and Testament of Daniel V. Rogers, late of the town of Darien, in said County of Genesee, deceased, that the said Will was duly executed, and that the said Daniel V. Rogers at the time he executed the same was in all respects competent to devise real and bequeath personal estate and not under restraint; The said last Will and Testament and the said proofs and examinations are hereby signed and certified by me, pursuant to the provisions of the Revised Statutes and Laws of this State, this Twenty Eighth day of October, in the year of our Lord One thousand Eight hundred and Seventy two. Lucius N Bangs Surrogate File at: http://files.usgwarchives.org/ny/genesee/wills/rogers654gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.5 Kb