WILL: John McWhorter; North Dansville, Livingston co., NY surname: McWhorter, Moomea, Van Scoter, Vanderhoff submitted by Martin Juul (mjuul at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: April 3, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.9 Kb ************************************************ Source: Sampubco.com Livingston co NY Will Book vol. 14 page 253 Written: May 13, 1875 Recorded: April 24, 1880 Livingston County Surrogate's Court Last Will and Testament of John McWhorter, Deceased Be It Remembered, That heretofore, to-wit: on the 29th day of March in the year of our Lord one thousand eight hundred and eighty, George T. McWhorter, one of the Executors named in the Last Will and Testament of John McWhorter, late of the town of North Dansville, in the county of Livingston, deceased, appeared n open Court, before the Surrogate of the county of Livingston, 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 testator, and their respective residences, and said Surrogate did thereupon issue a citation in due form of law, directed to the said heirs-at-law and next-of-kin, by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the village of Dansville in said county, on the 24th day of April A.D., 1880, to attend the Probate of said Will. And afterward, to wit: on the 24th day of April A.D., 1880, 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 and proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 24th day of April A.D., 1880, 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 as follows, that is to say: I, John McWhorter of the town of North Dansville, Livingston County, New York, aged 74 years and upwards, being of sound mind and memory do make this my last Will and Testament as follows: First, I give and devise to my wife Catherine McWhorter, the use, rents, issues & profits of all the Real Estate of which I shall die seized, during her natural life or while she shall remain my widow. In case she shall remarry then my will is that she shall have such portion of my real estate as she would be entitled to if I should die intestate. Second, I give and bequeath to my said wife a certain note and mortgage deed I hold made by her father George Moomea of Lake County, Ohio: I also give and bequeath to her such household goods and furniture as she may choose and need to be selected by herself: I also give and bequeath to her a Government bond now owned by me for the sum of One thousand dollars. Third, I give and bequeath to my son George T. McWhorter: my bank stock in the Bank of Dansville, amounting to Eleven hundred dollars. Fourth, I give & bequeath all the rest, residue, and remainder of my personal property to my son George T. McWhorter and my step-son Charles Van Scoter & my step daughter, Mary Elizabeth Van Scoter to be equally divided between them share & share alike. Fifth, I give and devise to my son, George T. McWhorter all the rest, residue and remainder of the real estate of which I shall die seized, subject nevertheless to the following provisions: Viz., After the decease or remarriage of my said wife, I order, will and direct my said son George, to convey to my grand daughter, Nellie A. and my grand son John M. H. Vanderhoff on their several arrival at the age of twenty-one years each, ten acres of land, fronting on the highway leading from Cumminsville to George Hartman's corner, to each as near as may be the one half of the frontage on said street or highway & running far enough south to include twenty acres. In case either of said grand-children shall die during the lifetime or widowhood of my said wife without issue, then the said George shall retain that portion as his property. In case the father of my aid grand children shall remain alive, at the time when said grand children shall by the provisions of this will be entitled to a conveyance as above provided, then I direct my said son George to give my said grand children a deed conveying a life estate, only to each and at their respective deaths to the heirs of their respective bodies & for want of such heirs the same to revert on such failure of issue to the said George T. McWhorter, his heirs and assigns forever. Sixth, Should the father of my grand son John M. H. Vanderhoff fail to make proper provision for his clothing & care, it is my desire that my wife may while she has the full & entire use of my real estate, to take such oversight of those matters as she may be able & may be consistent with her means, and in case my son George should come into the possession of the remainder of my said Real Estate hereby given to him, I desire him to do in like manner as I have desired my said wife to do for said grand son in like circumstances as he may be able. Seventh, I do hereby appoint and nominate my wife Catharine & my son George T. Executors of this my last Will & Testament, hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto set my hand and seal this 13th day of May 1875. John McWhorter, L.S. The above instrument was at the date thereof signed, sealed, published and declared by John McWhorter, the testator as & for his last Will & Testament in presence of us who at his request & in his presence & in the presence of each other have subscribed our names as witnesses thereto: John Wilkinson, Dansville, N.Y. R.S. Faulkner, Dansville, N.Y. Livingston County Surrogate's Court In the Matter of Proving the Last Will and Testament of John McWhorter, Deceased Livingston County, SS. John Wilkinson and Robert S. Faulkner being first duly sworn, in open Court upon their several corporal oaths each for himself doth depose and say, that they are subscribing witnesses to the Last Will and Testament of John McWhorter late of the town of North Dansville in the county of Livingston and State of new York, deceased. And these deponents do further say, that the said 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 decease, and which bears date on the 13th day of May one thousand eight hundred and seventy five. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declared 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 same 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 State: 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 his name to said instrument in the presence of said deceased. R.S. Faulkner John Wilkinson Sworn this 24th day of April A.D. 1880, before me: E.A. Nash, Surrogate Livingston County, SS It appearing upon the proofs duly taken in respect to the Last Will and Testament of John McWhorter, late of the town of North-Dansville in the County of Livingston and State of New York, deceased, that the said Will was duly executed, and the said John McWhorter 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 Statues, this 24th day of April A.D., 1880 E.A. Nash, Surrogate