WILL: Francis Foy; Brasher, St Lawrence co., NY surname: Foy, Shean, Fieny, McCarthy, Lawyer, Ide submitted by Mary Cessna (familysleuth at earthlink.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 21, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9 Kb ************************************************ Source: sampubco.com Saint Lawrence Co, New York Will Book, Volume 33, Page 501 Written: June 23, 1898 Recorded: July 1, 1901 Probate of the Last Will and Testament of Francis Foy, late of Brasher, deceased Surrogate's Court, St Lawrence County Be it remembered, that heretofore to wit on the 4th day of February, AD 1901, Francis Foy Jr, Executor, named in the Last Will and Testament of Francis Foy, late of Brasher 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 widow, heirs at law and next of kin of said deceased testator, and their respective residences, viz: Eliza Foy, widow, Kate Shean, Jennie Foy, Francis Foy Jr of Brasher, NY. Hugh Foy of Bombay, NY. Mary McCarthy of Constable, NY. James Foy of Ogdensburg, NY. Eliza "Fieny" of Utica, NY. George Foy of St Regis Falls, NY. Maggie Lawyer of Morristown, NY. "Etta" (or Ella) Shean of Watertown, NY. And said Surrogate did thereupon issue a citation in due form of law, directed to the widow, heirs at law and next of kin by their respective names, stating their places of residence, requiring them to appear before said Surrogate at his office in the Village of Potsdam in said County, on the 4th of March AD 1901 to attend the probate of said Will and said matter _________________________. And afterwards to wit: on the 1st day of July A.D. 1901 at Ogdensburg, satisfactory evidence having been presented to the said Surrogate of the service of the said citation in the mode prescribed by law on the said above named persons, except James Foy, who appeared in person. No one appearing to oppose the probate of said Will, the said Surrogate took the proofs of said Will herein 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 therein are as follows, that is to say: Will I, Francis Foy, residing at Brasher, St Lawrence County, New York, being of sound mind, and memory, and acting under no restraint or undue influence whatever do make, ordain, publish and declare this my last will and testament, that is to say: First. After all my just debts and funeral expenses are paid and satisfied, I give and devise unto my beloved wife, Eliza Foy, her support, maintenance, including food, fuel, clothing and medical aid and medicine in sickness and care such as may be necessary for comfort in her station of life at my home in Brasher, aforesaid during her natural life, all of which I make a lien upon my real and personal estate, all of which is given and bequeathed to my said wife in lieu of all dower and statutory allowances which she might be otherwise entitled to. Second. I give and bequeath to my son, James Foy, his maintenance and support at my home in Brasher, NY, but not elsewhere, provided he is ever in need of the same. Third. I give and devise to my sons, Hugh Foy and George Foy, each the sum of Five Hundred Dollars to be paid to them by my executor hereinafter named within ten years from the date of my death. Fourth. I give and bequeath to my daughters, Ella Foy, Jennie Foy and Maggie Lawyer, each the sum of Fifty Dollars to be paid to them by my executor hereinafter named within six years from the date of my death. Fifth. I give and bequeath to my daughter, Mary McCarty, the sum of One Hundred Dollars to be paid to her by my executor hereinafter named within six years from the date of my death. Sixth. All of the foregoing bequests I make a lien and charge upon my real and personal estate. Seventh. I give and bequeath to my son, Francis Foy Jr, all the rest, residue and remainder of my property, both real and personal estate and wheresoever situate belonging to me at my decease, to have and to hold the same to his own use and benefit forever. Lastly. I make and nominate and appoint my said son Francis Foy Jr to be executor of this my last testament, hereby revoking all former wills by me made. In witness Whereof, I have hereunto subscribed my name and affixed my seal This 23d day of June 1898. his Francis Foy Mark The foregoing instrument was at the date thereof subscribed by Francis Foy. The testator, therein named in the presence of us and each of us, He at the time of making such subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his last will and testament whereupon we, at his request and in his presence and in the presence of each other do hereby subscribe our names as witnesses thereto. Josiah Ide, residing at Fort Covington, N.Y. Lucy E. Ide, residing at Fort Covington, N.Y. Surrogate's Court In the matter of proving the Last Will and Testament of Francis Foy, Deceased St Lawrence County, ss. Lucy E. Ide, being first duly sworn in open court, doth deposes and says that she and Josiah Ide are subscribing witnesses to the Last Will and Testament of Francis Foy, late of Brasher in the County of St Lawrence and State of New York, deceased. And deponents do further say that the said Francis Foy, deceased, did in the presence of deponent and Josiah Ide subscribe her 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 the date 23d day of June A.D. 1898. That the said deceased did at the time of so subscribing his name to said instrument declare the same to be his Last Will and Testament: and said Josiah Ide and deponent did thereupon subscribe their own respective names to said instrument as attesting witnesses to the execution thereof, each at the request of said deceased and in his 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 he appeared to be and deponent believes he was of sound mind, memory and understanding, and not under any restrain; and as deponent verily believes in all respects competent to devise real estate. That said Josiah Ide left his home in Fort Covington, NY upon the 26th day of February 1901 to go to Norwood, NY and to return on the afternoon train of that day; that said Josiah Ide was seen at Norwood on that day as deponent is informed and believes and has not yet returned to his home. That deponent is the wife of said Josiah Ide and she and his family have made diligent search and inquiry to learn the whereabouts of said Josiah Ide without success and deponent verily believes that said Josiah Ide is either dead or "abandoned" the State of New York. Subscribed and sworn to before me this 1st day of July 1901 Alice R "Hennisan" Lucy E Ide Surrogate St Lawrence County, ss. It appearing from the proofs duly taken in respect to the Last Will and Testament of Francis Foy, late of Brasher in the County of St Lawrence and State of New York, deceased; that the said Will was duly executed and that the said Francis Foy, he executed the same, was in all respects competent to devise real estate and not under restraint, the said Last Will and Testament proofs and examinations are hereby Recorded, Signed and Certified by me, pursuant to the provisions of the Code of Civil Procedure this 1st day of July A.D. 1901. Alice R "Hennisan", Surrogate Additional Comments: *Note: Parts marked with ____________ were undecipherable; words in quotation marks are my best interpretation.