WILL: Phineas G. Austin; Queensbury, Warren Co., NY submitted by Donavan Henderson (Donovanhenderson@msn.com) ************************************************************************ 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 Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Transcribed by Donavan Henderson from SAMPUBCO copy. Warren Co NY Will book Vol. D. page 158 Austin, Phineas G.; Queensbury, Warren, New York; 57-D-158 Record of the Last Will and Testament of Phineas G. Austin together with the proofs touching the genuiness and validity of the same. The Last Will and Testament of Phineas G. Austin In the name of God, Amen. I Phineas G. Austin of Queensbury Warren County and state of New York being of sound mind and memory, and considering the uncertaintity 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 wife Ethelinda Austin the use, occupation, rents and profits of all my Estate both real and personal during her natural life. After her decease I direct that my said Estate both real and personal be divided equally between my children William H. Austin, Jane M. Sweet, Charles Austin, Germain Austin, Cynthia Crandall and Belvy Ann Stewart. Excepting that the share of Belvy Ann Stewart (she having my note for $200 payable after my death) shall be $200 less than the share of my other children. Excepting also that in case my Estate becomes chargeable with the payment of certain note for $200 made by myself and my son Charles Austin and given to Jacob Sweet then and and in that case his share shall be the amount required for the payment of said note less than that of my other children. Likewise I make, constitute and appoint George W. Cherry of Glens Falls N.Y. to be Executor and my wife Ethelinda Austin to be Executrix of this my last Will and Testament, hereby revoking all former Wills by me made. In witness whereof I have hereunto Subscribed my name and affixed my seal the Nineteenth day of June in the Year of our Lord One thousand Eight hundred and Seventy five. P.G. Austin (S.S.) The above written Instrument was subscribed by the said Phineas G. Austin in our presence, and acknowleged 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, and written opposite our names, our respective places of residence. L.P. Juvet Glens Falls N.Y. Chal. H. Scheffer Glens Falls N.Y. Surrogate's Court State of New York} County of Warren} In the matter of Proving the} Last Will and Testament} of Phineas G. Austin deceased} County of Warren s.s. Louis P. Juvet of Glens Falls in the County of Warren and Charles H. Sheffer of Glens Falls in the County of Warren bring first severally duly sworn in open court, do depose and say, and each for himself deposeth and saith that he is a Subscribing witness to the Instrument now shown to him purporting to be the last Will and Testament of Phineas G. Austin of the town of Queensbury in the County of Warren. That the said Phineas G. Ausitn did in the presence of this deponent, Subscribe his name at the end of the instrument which is now shown and exhibited to this deponent as aforesaid, and which purports to be the Last Will and Testament of the said Phineas G. Austin and which bears date on the 19" day of June in the Year of our Lord One thousand Eight hundred and Seventy five, and this deponent further saith that the said Phineas G. Austin the said Testator, did at the said time of subscribing his name as aforesaid at the end of the said Will declare the said instrument so subscribed and now exhibited to be his Last Will and Testament; and this deponent did thereupon subscribe his name at the end of the said Will, as an attesting witness thereto, in the presence of and at the request of the said Testator, and this deponent further saith that at the said time when the said Testator subscribed his name to the said Last Will as aforesaid, and at the time of the deponent subscribing his name thereto, as an attesting witness thereto as aforesaid, the said Phineas G. Austin was a citizen of the United States, above the age of Twenty-one years, of sound mind and memory, and was not under any restraint to the knowledge, information or belief of this deponent. Sworn and Subscribed this 8"day} of August 1881 before me} Louis P. Juvet Chal. H. Scheffer I.J. Davis, Surrogate County of Warren s.s. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Phineas G. Austin late of the town of Queensbury in the County of Warren deceased. That the said Last Will was duly executed, that the said Phineas G. Austin was at the time of executing the same competant to devise Real Estate, and not under any restraint. The said last Will and Testament and the said proofs and examinations are hereby recorded signed and certified by me according to the provisions of the Revised Statutes this Eighth day of August in the Year One thousand Eight Hundred and Eighty one. I.J Davis,Surrogate