WILL: Louisa Barnes; LeRay, Jefferson Co., NY - 1884 submitted by Donna Barnes ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Project Archives (www.rootsweb.com/~usgenweb) to store the file permanently for free access and not to be removed separately without written permission. ************************************************************************ Transcribed for use in USGenWeb Archives by: Donna Barnes - March 2002 ************************************************************************ LeRay, Jefferson Co., NY Will Book 23, pg 365 The Last Will and Testament of Louisa Barnes Be it Remembered, That heretofore, to wit: on the 5th day of July in the year of our Lord, one thousand eight hundred and eighty four Harvey W. Barnes of LeRay, Jefferson County New York one of the legatees named in the last Will and Testament of Louisa Barnes late of the town of LeRay 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 husband heirs at law and next of kin of the said testatrix and their respective residences, and thay are as follows, viz: Said petitioner, surviving husband of said testatrix of full age - and Fred W. Barnes only child of said testatrix a minor of the age of 14 years ??????????? guardian, and residing with said petitioner in LeRay aforesaid. and said Surrogate did thereupon issue a citiation in due form of law, directed to the said husband 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 23rd day of July A.D. 1884, to attend the Probate of said Will and afterwards to wit on the 23rdday of July A.D. 1884 satisfactory proof by affivavit was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law, and thereupon said Surrogate duly appointed Charles H. Walls? , Esq, Special Guardian of said infant Fred W. Barnes for the sole purpose of appearing for said infant herein and taking care of his interests in this matter said Special Guardian immediately appeared in person before said Surrogate. And afterwards, to wit: on the day of A.D. 188 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 23rd day of July A.D. 1884, and he thereupon adjudged the said Will to be a valid Will of Personal Estate, and the proofs therefore to be sufficient which said last Will and Testament and proofs are hereafter recorded in this book. Ross C. Scott, Surrogate pg 366, 367, 368 Louisa Barnes Estate Will I Louisa Barnes wife of Harvey W. Barnes of the town of LeRay in the County of Jefferson and State of New York being of sound mind memory and understanding do make publish and declare this to be my last will and testament in manner following to wit First: I give and bequeath to my son Fred W. Barnes two full feather beds and bedding for the same. My silver butter dish and my gold watch and chain. Item: I give and bequeath to my husband Harvey W. Barnes all the rest of my household goods including furniture bedding and crockery not herein before given to my said son and also all my wearing apparel of every name and nature. Item: I give devise and bequeath all the rest, residue and remainder of my estate both real and personal, both that actually in my possesion and control and that to which I am hereafter entitled under the provisions of my father's will upon the death of my mother, or in any other manner to my said son Fred W. Barnes and his heirs forever, subject nevertheless to the provisions thereafter made for the payment of my debts and funeral expenses and the repayment and reimbursement to my exectuor hereinafter named of any expendatures and the interest thereon which my said exector may make under and in pursuance of the provisions hereinafter contained as to the education clothing and boarding and care of my said son Fred W. Barnes. Lastly: I hereby make constitute and appoint I. Phil Steinhilber of LeRay aforesaid executor of this my last will and testament hereby revoking all former will or wills by me heretofore made, and I hereby nominate and appoint the said I. Phil Steinhilber guardian of the property hereby given devised and bequeathed to my said son Fred W. Barnes until my said son arrives at the age of twenty one years and I hereby request and instruct my said executor as such guardian as aforesaid to cause my said son Fred W. Barnes to receive a good common school education to be properly clothed and boarded and in case of sickness be properly cared for and have good medical attendance until my said son shall arrive at the age of twenty one years. I hereby request and instruct my executor to pay all my debts which I owe individually and also all debts and claims which may be made for my care and medical attendance during my last sickness and my funeral expenses if not otherwise paid which individual debts and debts claims and funeral expenses and any expenditure which my executor may make under the provisions of this my will for the education support and care of my said son Fred W. Barnes with interest on the same from the time of the payment thereof respectively. I hereby make a lien and charge upon the property hereby given devised and bequeathed to my said son Fred W. Barnes and hereby authorize and empower my executor to retain such amounts from the same for the repayment of such sums and interest as he may advance and the surrogate is hereby directed to allow the same and interest thereon from the time of the payment thereof respectively to my said executor on the final settlement of my estate which said final settlement is hereby directed not to be made until my said son arrives at the age of twenty one or his sooner death. In witness whereof I have hereunto set my hand and seal this 7th day of June 1884. Mrs. Louisa Barns (S.S.) The foregoing instrument written on one sheet was at the date whereof signed sealed published and declared by the said Louise Barnes as and for her last Will and Testament in presence of us, who at her request and in her presence and in the presence of each other have hereunto subscribed our names as witnesses thereto. The word "son" on 1st line of 2 page interlined before execution. A. Graporte residing in Evans Mills N.Y. George W. Steinhilber residing in Evans Mils N.Y. pg 370 SURROGATE'S COURT In the matter of proving the Last Will and Testament of Louisa Barnes, deceased. Jefferson County, SS. Augustus Grapotte of Evans Mills (?) in said county and George W. Steinhilber of the same place 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 Louisa Barnes late of the town of LeRay in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Louisa Barnes 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 7th day of June one thousand eight hundred and eighty four. That the said deceased did, at the time of subscribing her name to the said insturment 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 to the execution 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 name to said instrument, in the presence of the said deceased. A. Grapotte George W. Steinhilber Jefferson County, SS. It appearing upon the proofs duly taken in respect to the last Will and Testament of Louisa Barnes late of the town of LeRay in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Louisa Barnes 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 23rd day of July A.D., 1884. Ross. C. Scott, Surrogate Subscribed and sworn to before me this 23rd day of July 1884