WILL: Oren Barnes; Pamelia, Jefferson co., NY surname: Barnes, Hammonds, submitted by Donna Barnes (barnesd @ chartermi.net) ************************************************************************ USGENWEB ARCHIVES(tm) 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 so long as all notices and submitter information is 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.rootsweb.com/~usgenweb/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO, transcribed by Donna Barnes Jefferson Co., NY, Will Book Vol. 19, page 183 THE LAST WILL AND TESTAMENT OF OREN BARNES Be it Remembered, That heretofore, to wit: on the Eleventh day of July in the year of our Lord, one thousand eight hundred and Seventy Nine Jennie L. Barnes of Pamelia Jefferson County New York sole Executrix named in the last Will and Testament of Oren Barnes late of the town of Pamelia 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 widow heirs at law and next of kin of the said testator, and their respective residences, and they are as follows - Viz - Hezekiah S. Barnes of City of Watertown Jefferson County N.Y. own brother of said testator - Louisa A. Hammonds of Grand Ledge Eaton County Michigan own sister of said testator - Alice A. Barnes of LeRay Jefferson County New York a half sister of said testator - and Oscar W. Barnes of LeRay aforesaid only child of Samuel Barnes a deceased brother of said testator and said petitioner widow of said testator, all of said persons are 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 28th day of July A.D., 1879, to attend the Probate of said Will. And afterwards, to wit: on the 28th day of July A.D., 1879 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 28th day of July A.D., 1879, 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. Ross C. Scott Surrogate OREN BARNES ESTATE WILL In the name of God, Amen. I Oren Barnes of the town of Pamelia County of Jefferson State of New York being of sound and disposing mind and memory and mindful of the uncertainly of life do make publish and declare this my last will and Testament hereby revoking all former will by me made. I give and bequeath unto my beloved wife Jennie L. Barnes all my real and personal estate of whatever name and nature for her use forever. I do herby nominate constitute and appoint as my sole executor my wife Jennie L. Barnes of this my last will and Testament. Dated this 14th day of January, 1878 Oren Barnes {L.S.} The above will consisting of one sheet of paper was signed and sealed in our presence and was declared by the Testator to be his last will and testament and we whose names are hereby Subscribed Signed the Same as attesting witnesses in the presence of each other at the request of the Testator who declared this to be his last will and Testament in our presence. Aswell C. Bonney LeRay Jefferson County State New York Edith L. Bonney LeRay Jefferson county State of New York SURROGATE'S COURT In the matter of proving The Last Will and Testament of Oren Barnes Jefferson County, S.S. Aswell C. Bonney of LeRay in said County and Edith L. Bonney of the same place 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 Oren Barnes late of the town of Pamelia in the County of Jefferson and State of New York, deceased. And these deponents do further say, that the said Oren Barnes 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 14th day of January one thousand eight hundred and Seventy Eight 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 competent to devise real estate: that each of these deponents saw the other sign her and his name to said instrument in the presence of the said deceased. Subscribed and sworn to before me this 28th Aswell C. Bonney day of July, 1879 Edith L. Bonney Ross C. Scott Surrogate Jefferson County, SS It appearing upon the proofs duly taken in respect to the last Will and Testament of Oren Barnes late of the town of Pamelia in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed and that the said Oren Barnes 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 28th day of July A.D., 1879 Ross C. Scott Surrogate