WILL: Mary R. Mitchell; Edwards, St Lawrence co., NY surname: Mitchell, Cole, Rushton submitted by Gail Meehan (gailmeehan at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 28,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.5 Kb ************************************************ Source: Sampubco.com St. Lawrence co NY Will Book Vol. 21 page 143 Written: December 28, 1885 Recorded: February 15, 1886 Probate of the Last Will and Testament of Mary R. Mitchell late of Edwards, deceased. Surrogate's Court, St. Lawrence County Be it Remembered, that heretofore, to wit, on the 21 day of January A.D. 1886 Ann Jane Rushton, Executrix named in the last Will and Testament of Mary R. Mitchell late of Edwards in the County of St. Lawrence, deceased, applied to the Surrogate of the County of St. Lawrence to have the said Last Will and Testament which relates to both real and personal estate proved and recorded and on such application the said Surrogate did ascertain by satisfactory evidence who were the husband heirs at law and next of kin of said deceased testator, and their respective residences viz James S. Cole, infant, of Dysart Iowa Asa J. Cole, infant, of Edwards, NY Ure Mitchell of Oxford, NY And said Surrogate did thereupon issue a citation in due form of law directed the husband heirs at law and next of kin by their respective names, stating their places of residence, requiring them to appear before the said Surrogate, at his office in the Village of Canton in said County, on the 15 day of February A.D. 1886 to attend the probate of said Will and afterwards to wit: on the 15 day of February A.D. 1886 at Canton aforesaid, satisfactory evidence having been presented to the said Surrogate of the service of the said citation in the mode prescribed by law on said husband heirs at law and next of kin and John G. McIntyre was appointed and appeared as the Special Guardian of infants. No one appearing to oppose the probate of said Will the said Surrogate took the proofs of said Will hereinafter set forth and did thereupon adjudge said Will to be a valid Will of real and personal estate, and the proofs thereof to be sufficient, and that the said Will and the proofs thereof be recorded, which said Last Will and Testament and the proofs taken thereon are as follows, that is to say: I, Mary Cole Rushton Mitchell of the Town of Edwards County of St. Lawrence and State of New York being of sound mind and memory do 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 devise and bequeath to my husband Ure Mitchell the sum of one thousand dollars. Second I give, devise and bequeath to my two brothers James and Jay Cole the lot of land which was devised to me by my mother Althea Cole deceased situated lying and being in the Town of Edwards County of St. Lawrence and State of New York and consisting of about four acres of land to have and to hold the same to them in equal shares their executors heirs assigns and administrators forever. Third I give and bequeath to my adopted father Henry Rushton my gold watch and chain. Fourth I give and bequeath to my adopted mother Ann Jane Rushton all of my wearing apparels of every description. Fifth I give devise and bequeath all the residue of my estate real personal or mixed of which I shall ? seized and possessed or to which I shall be entitled at the time of my decease provided I should leave no living children or child to my adopted mother Ann Jane Rushton to have and to hold the same to her and her executors heirs, assigns and administrators forever. But in case I should leave a living child or children then I give devise and bequeath one half of the said residue of my estate to my said adopted mother Ann Jane Rushton and the remaining half to such living child or children as I may leave to have and to hold the same to them their executors heirs assigns and administrators forever. Sixth Any person attempting to obstruct my wishes shall have nothing of my estate and I hereby ex? and authorize my executor and executrix hereinafter named or either of them to sell any or all of my real estate in such manner and on such terms as they or either of them may deem best and good? and sufficient conveyance to make, execute and deliver for the same. Likewise I make constitute and appoint Dr. Edwin R. Maxson and my adopted mother Ann Jane Rushton no bail or bonds to be required of them or either of them to be executor and executrix of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereinto subscribed my name and affixed my seal the twenty eighth day of December in the year of our Lord one thousand eight hundred and eighty five. Mary Cole Rushton Mitchell The above instrument consisting of one sheet was at the date thereof subscribed by Mary Cole Rushton Mitchell in the presence of us and each of us; she at the time of making such subscription acknowledged that she made the same and declared the said instrument so subscribed by her to be her last will and testament. Whereupon we then and there at her request and in her presence and the presence of each other subscribed our names as witnesses thereof: James Brown residing at Edwards St. Lawrence Co. NY William H. Noyes residing at Edwards St. Lawrence Co. NY Surrogates Court in the matter of proving the Last Will and Testament of Mary R. Mitchell deceased. St. Lawrence County, ss. James Brown and William H. Noyes being first duly sworn in open court upon their several corporal oaths, each for himself, doth depose and say that they as subscribing witnesses to the Last Will and Testament of Mary R. Mitchell late of Edwards in the County of the St. Lawrence and Sate 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 and which purports to be the Last Will and Testament of the said deceased, and which bears date the 28th day of December A.D. 1885. That the said deceased did at the time of so subscribing her name to said instrument declare the same to be her Last Will and Testament; and these deponents did thereupon subscribe their own respective names to 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 was at the time upwards of twenty-one years of age, and was a citizen of the United States, and a resident of the County of St. Lawrence. 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. Sworn to before me February 15, 1886, V.P. Abbott, Surrogate. W.H. Noyes James Brown. St. Lawrence County, ss It appearing from the proofs duly taken in respect to the Last Will and Testament of Mary R. Mitchell late of Edwards in the County of St. Lawrence and State of New York, deceased; that the said Will was duly executed and that the said Mary R. Mitchell 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 Statues, this 15th day of February A.D. 1886. V.P. Abbott, Surrogate Additional Comments: Research Notes: From the Edwards History Center website, Vital Statistics of 1865-1902,Marriages: Groom: Mitchell Rev. Ure (Oxford, NY, pastor of Universalist church/Canton Theological School class of '80 graduate) Date: September 3, 1884 By: Rev. J.S. Lee, D.D. Bride: Rushton, Mary L. of Edwards (adopted daughter of Henry Rushton) Riverside Cemetery, Church Street, Edwards: Rushton, Mary L., June 6, 1864, died January 10, 1885, Lot B 30, Natural daughter of Asa & Althea Webb Cole. Adopted daughter of Henry Rushton. On September 3, 1884 she married Ure Mitchell who is buried in Fairview Cemetery. Mary L. Cole was the daughter of Asa Cole and Altha (Webb) Cole. The other children were: William H., Hewitt D., Fremont, James S. and Asa Jay. Their father, Asa Cole died in 1870, and Altha (Webb) Cole died in 1875. They are both buried in Riverside Cemetery, along with their 1 year old daughter Elizabeth, and their 20 year old son, William, who died in 1875. [see Wills of Altha Cole and Freemont Cole] After the death of their parents, Mary L. Cole was adopted by Henry and Ann Jane Rushton. Her youngest brother, Asa J. Cole was adopted by Ashbel and Sally Earl of Edwards. Fremont Cole was living with James and Isabella Wilson of Edwards in the 1880 census. A James Cole, correct age was living with the Cyrenus Botsford family in Canton in the 1880 census. My connection to this family may be to Mary Cole's brother, James S. Cole. James Sheldon Cole, born about 1867, married Clara Starkey of Edwards. They were my great grandparents, and I'm trying to learn who James S. Cole's parents were. He may have been the same James S. Cole named in this Will. Please contact me if you have any information.