WILL: Joseph Underwood, Jr.; Brownville, Jefferson co., NY surname: Underwood submitted by Ed Starling (EdStarling @ aol.com) *********************************************************************** Copyright. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm http://www.rootsweb.com/~usgenweb/ny/nyfiles.htm *********************************************************************** Will of Joseph Underwood, Jr. Transcribed from SAMPUBCO copy by Ed Starling, 02/14/04 Jefferson County, New York, Will Book, Vol. 33, pages 237-240 Written: 10 May 1892 Probated: 11 Mar 1895 The Last Will and Testament of Joseph Underwood, Deceased. Be it Remembered, That heretofore, to wit: on the 11th day of March in the year of our Lord, one thousand eight hundred and ninety five Wm H. Underwood of Dexter Jefferson County New York sole Executor named in the Last Will and Testament of Josep Underwood late of the town of Brownville 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: Julia Underwood widow of said testator of full age of town of Brownville Jeff. Co. N.Y. P.O. address Dexter Jeff. Co. N.Y. -- and three sons as follows -- William H. Underwood, Charles Underwood both of Brownville aforesaid & the P.O. a. of said Charles is Limerick, Jeff. Co. N.Y. & Morell Underwood residing at Terre Haute, Vigo Co Indiana Each one & all of the above named persons are of full age, and said four persons Constitute all of the legatees & devisees named in said will. and said Surrogate did thereupon issue a citation in due form of law, directed to the said widow heirs at law and next of kin of said testator 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 27th day of April A.D. 1895, to attend the Probate of said Will And afterwards, to wit: on the 27th day of April A.D. 1895, 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 27th day of April A.D. 1895 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. --------------------- Joseph Underwood's Estate -- Will -- In the Name of God. Amen. I, Joseph Underwood of the Village of Dexter, Jefferson County, New York being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare 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 to my beloved wife Julia Underwood so long as she remains my widow, and no longer, the interest upon the sum of Five Hundred Dollars ($500.00) said sum of Five Hundred Dollars to be taken from my estate by my executor hereinafter named and invested by him in some good real estate security and the interest thereon received and paid over by my said executor to my said wife Julia Underwood semi-annually from the date of my death during the time aforesaid. The foregoing gift and bequest is made to my said wife expressly in lieu of all dower and right of dower by her in my real estate. Second -- I give devise and bequeath all the rest, residue and remainder of my property and estate both real and personal to my three sons William H. Underwood, Charles Underwood and Morell Underwood equally share and share alike. Likewise, I make, constitute and appoint my son William H. Underwood to be sole executor of this my last Will and Testament, hereby revoking all fomer Wills by me made, and I hereby authorize and empower my said executor to sell and convey any and all of my real estate to enable him to carry out the provisions of this will. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the tenth day of May, in the year of our Lord one thousand eight hundred and Ninety Two. Joseph Underwood (L.S.) The above partly written and printed instrument was subscribed by the said Joseph Underwood in our presence and acknowledged by him to each of us; and he at the same time declared the above instrument, so subscribed, to be his last Will and Testament; and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other, and written opposite our names our respective places of residence. Phineas A. Osborn Dexter N.Y. Gilbert A Foote M D Dexter N.Y. --------------------- SURROGATE'S COURT. In the Matter of Proving The Last Will and Testament of Joseph Underwood, Deceased. Jefferson County, ss. Phineas A. Osborn of Dexter Jeff. Co. N.Y. and Gilbert A. Foote M.D. of the same places 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 Joseph Underwood late of the town of Brownville in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Joseph Underwood 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 Twstament of the said deceased; and which bears date on the 10th day of May one thousand eight hundred and Ninety two. 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 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 understatnding 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 said deceased. Phineas A Osborn Gilbert A Foote M D Subscribed and sworn to before me, this 27th day of April 1895. Ross C. Scott Surrogate Jefferson County, ss. It appearing upon the proofs duly taken in respect to the last Will and Testament of Joseph Underwood late of the town of Brownville in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Joseph Underwood 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 27th day of April A.D. 1895. Ross C. Scott Surrogate.