WILL: Matilda Dautremont; Allegany co., NY 
surname: Dautremont, Farman, Rice, Blodget, Bander, Tibbets, Taylor

submitted by Marcia Ernst (ernstm at direcway.com) 
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Submitted Date: August 8, 2004
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Source: sampubco.com
Allegany Co., Ny, Vol 11- Pgs 76-82
Written: November 1870
Recorded: June 8 1883

Transcribed from SAMPUBCO copy by Marcia ERNST
Allegany Co., New York Wills Hume Book 11 pgs 76-82

Record of the Will of Matilda DAUTREMONT, deceased.
In the name of God, Amen.  I Matilda DAUTREMONT of the town of Hume n the county 
of Allegany and State of New York, aged fifty years 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 sisters Evalina E. DAUTREMONT and Sarah A. FARMAN all my personal property 
to share and to share alike.  
Second:  I give and devise to my sisters Evalina E. DAUTREMONT and Sarah A. 
FARMAN my farm existing of thirty acres of land Situate in the town of Hume in 
the County of Allegany and State of New York, next west of Parley SHORTS farm to 
share and to share alike.
Third: I give and devise to my sister Evalina E. DAUTREMONT al my right, title 
and interest in and to the house and lot owned and occupied by us situate in the 
Village of Hume in the County of Allegany and State of New York and consisting 
of about one acre of land.
Likewise I make, constitute and appoint Evalina E. DAUTREMONT my Executrix and 
Samuel A. FARMAN to by Executor 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 
____ day of November in the year of our Lord one thousand eight hundred and 
Seventy. 
Matilda DAUTREMONT (S.S)

The above written instrument was subscribed by the said Matilda DAUTREMONT on 
our presence and acknowledged by her to each of us and she at the same time 
declared the above instrument so subscribed to be her last Will and Testament; 
and we at her request have signed our names as witnesses hereto and written 
opposite our names our respective places of residence. 
J. A. RICE – Hermitage, Wyoming Co., NY
James L. BLODGET ---  “      “           “       “

State of New York
Allegany County Surrogates Office }  S.S.
Be it remembered that on the day of the date hereof the last Will and Testament 
of Matilda DAUTREMONT late of the town of Hume in the County of Allegany and 
State of New York deceased being the within and forgoing written instrument was 
duly proved before Clarence A. FARMAN Esq.  Surrogate of the said County 
according to law as and for the Last Will and Testament of the real and personal 
estate of the said deceased which said Last Will and Testament and proofs and 
examinations taken therein are recorded in this office.
In Testimony whereof the Surrogate of the said County hath hereunto set his hand 
and affixed his seal of office this 8th day of June A. D. 1883.
Clarence A. FARMAN
Surrogate of Allegany County
Surrogate Court, County of Allegany
In the Matter of Proving the Last Will and Testament of Matilda DAUTREMONT late 
of the town of Hume.  Deceased vs. Allegany County, as…
James L. BLODGET being first duly sworn in open court doth depose and say, that 
he is a subscribing witness to the last Will and Testament of Matilda DAUTREMONT 
late of the town of Hume in the County of Allegany and State of New York 
deceased.  And this deponent does further say that the said Matilda DAUTREMONT 
deceased, did in the presence of Deponent and James A. RICE the other 
subscribing witness of said last Will and Testament subscribe her name at the 
end of the instrument in writing which is now here shown to this deponent and 
which purports to be the last Will and Testament of the said deceased and which 
bears date on the ________ day of November one thousand eight hundred and 
seventy.  That said deceased died on or about the 31st day of December 1884 at 
Hume, Allegany County, N. Y. That the said deceased did, at the time of 
subscribing her name to the said instruments as aforesaid declare the same to be 
her last Will and Testament: and this deponent did subscribe his name at the end 
of said instrument and the said James RICE did subscribe his name at the end of 
said instrument as attesting witnesses to the execution thereof, each at the 
request of said deceased, and in her presence, and in the presence of each 
other.  That the said deceased, at the time of so subscribing her name to said 
instrument as aforesaid, and publishing said instrument as aforesaid was of full 
age that she appeared to be and deponent believes she was of sound mind, memory, 
and understanding and not under any restraint and as deponent verily believes in 
all respects competent to devise real estate that deponent saw the said James A. 
RICE sign his name to the said instrument in the presence of the said deceased.  
That said James A. RICE the other subscribing witness to said last Will and 
Testament resides at Cleveland in the state of Ohio as deponent is informed and 
believes.  Subscribed and sworn to before me this 19th day of March 1885.  James 
L. BLODGET
Clarence A. FARMAN Surrogate of Allegany County

The People of the State of New York
To E. B. BANDER, Attorney at Law doing business at 23 Public Square in the City 
of Cleveland, State of Ohio.  
Know ye, that we with full faith in your prudence and competency have appointed 
you Commissioner and by these present do authorize you as such Commissioner to 
examine James A. RICE of Cleveland, Ohio, as a witness in a proceeding now 
pending before the Surrogate of the County of Allegany and entitled in the 
matter of proving the Last Will and Testament of Matilda DAUTREMONT deceased on 
the part of the proponent under oath, upon the interrogations annexed to this 
Commission and take and certify the deposition of each witness so examined, and 
return the same with this Commission immediately thereafter according to law and 
the directions herewith given.  Witness, Honorable Clarence A. FARMAN, Surrogate 
of Allegany Co at Willsville, N. Y.  the 18th day of May 1885
Clarence A. FARMAN, Surrogate

Caption
Deposition taken before me, E. B. BANDER, a Notary Public within and for the 
county of Cuyahoga in the State of Ohio pursuant to the annexed Commission from 
Hon. Clarence A. FARMAN, Surrogate of Allegany county at Willsville, New York, 
at the time and place therein specified to be read in evidence on behalf of the 
proponent in an action pending in the Surrogates Court in and for Allegany 
County in the State of New York in the matter of proving the last Will and 
Testament of Matilda DAUTREMONT Deceased.  The Interrogations is administered to 
James A. RICE, Esq of Cleveland, Ohio examined as a witness in support of 
aforesaid Will and as presented in the annexed commission as aforesaid are as 
follows to wit:
First Interrog.  What is your name, age and occupation, and where do you reside?
Answer:  James A RICE.  I am 37 years of age by occupation, Salesman and reside 
at No. 205 Orange Street in the City of Cleveland, Ohio.
2nd Interrogatory.  Were you acquainted with Matilda DAUTREMONT late of the town 
of Hume, Allegany County, Deceased. State for how long a time prior to her 
decease you had known the above named Matilda DAUTREMONT now deceased.
Answer:  I was acquainted with Matilda DAUTREMONT of Hume, NY.  I knew her 
several years prior to the time I signed her will as a witness.
3rd Interrogatory.  Look at the instrument in writing bearing date the ____ day 
of November in the year of our Lord one thousand eight hundred and seventy 
purporting to be and offered for Probate as the last Will and testament of the 
said Matilda DAUTREMONT deceased, and say whether or not you were present as a 
witness a the time of the execution of the same.
Answer:  I have examined the aforesaid instrument purporting to be the last Will 
of said Matilda Dautrement and I was present.
(Half Sheet) (“Commissioner E. B. BANDER Notary Public”  “J. A. RICE”)
when the same was executed and signed the same as a witness.  It is 
marked “Exhibit A and is hereto annexed.
Interrogatory.  Did you see the said Matilda DAUTREMONT subscribe her name to 
the said instrument or did she make such subscription in your presence or did 
she acknowledge or declare to you that the signature Matilda Dautrement at the 
foot of said instrument was her signature.
Answer: Yes
Interrogatory.  Did the said Matilda DAUTREMONT at any time declare the said 
instrument so subscribed by her to be her last Will and Testament.  If so state 
when she so declared it to be her last Will and Testament and to the best of 
your recollection what words were used by her in making such declaration, also 
state at what place said instrument was executed.
Answer:  It was executed at Hermitage, Wyoming County, New York, according to my 
best recollection, she said it was her last will at the time I signed it.
Interrogatory.  State if you were requested by said Matilda Dautrement to sign 
said instrument as subscribing witness and if you did thereupon sign as such 
witness and if either of the signatures of the witnesses to said instrument is 
your signature, and, if so specify which one.
Answer:  Yes and the signature at the bottom of the page on which said last Will 
is written Just above that of James L. BLODGET is my signature and was written 
by me at the time said testament was executed.
Interrogatory.  Who was present when the said instrument was declared by said 
Matilda Dautemont to be her last Will and Testament and …(half sheet signed “E. 
B. BANDER Commissioner”   “J. A. RICE”)
…to whom was such declaration made in whose presence was it signed by her and in 
whose presence were you requested to sign and in whose presence did you sign as 
witness.
Answer:  Mr. Samuel A. FARMAN, James L. BLODGET, Matilda DAUTREMONT and myself, 
think there was other persons present, my father and my brother Ed were there to 
the best of my recollection.
Interrogatory.  Did you see the other subscribing witness to the said instrument 
sign his name and if so state his name and if he signed the same in the presence 
of said Matilda DAUTREMONT and yourself and if he signed same as witness at the 
request of the said Matilda DAUTREMONT and if she declared to him that said 
instrument was her last Will and Testament.
Answer: Yes, his name is James L. BLODGET, yes, yes, yes.
Interrogatory.  Was the said Matilda DAUTREMONT over twenty one years of age at 
the tine of executing such instrument?  Was the said Matilda DAUTREMONT of sound 
mind, memory and understanding at the time of executing such instrument? Was she 
at such time under any restraint whatever and was she n any respect incompetent 
to depose real estate.
Answer:  Yes, she was over 21 years old.  Yes, she was under no restraint at all 
and she was in no respect incompetent to depose real estate.
Interrogatory.  Do you know of any other matter or thing relative to the 
execution of the said instrument by the said Matilda DAUTREMONT or to the 
condition of the mind of the said Matilda DAUTREMONT at the time of such 
execution?  Answer fully and particularly.
Answer:  I have already answered fully.
E. B. BANDER, Commissioner				J. A. RICE

State of Ohio
Cuyahoga County
I, E. B. BANDER, duly Commissioned in the premises do certify that James A. RICE 
the witness personally appeared before me on the 25th day of May A.D. 1885, 2 
o’clock in the afternoon at the law office of E. B. BANDER, No. 23 Public 
Square, in the City of Cleveland in the State of Ohio and after being sworn to 
testify the truth the whole truth and nothing but the truth did depose to the 
matter contained in the forgoing deposition, and did in my presence subscribe 
the same and endorse the exhibits annexed thereto.  And I further certify that I 
have subscribed my name to each half sheet thereof and to each exhibit and I 
further certify that no one appeared in behalf of the plaintiff and that no one 
appeared in behalf of the defendant.
E. B. BANDER, Atty
Commissioner Notary Public
23 Public Square, Cleveland, Ohio
 
At a Surrogate Court held at the village of Willsville, NY in and for the County 
of Allegany on the 8th day of June 1885
Present Clarence A. FARMAN, Surrogate
In the matter of Proving the Will of Matilda DAUTREMONT, Deceased
Satisfactory proof having been made and filed of the due service of the citation 
heretofore issued in this matter requiring the proper persons to appear in this 
court on the 1st day of March A.D. 1885 and attend the probate of the last Will 
and testament of Matilda DAUTREMONT late of the town of Hume in the county of 
Allegany and State of New York, deceased, and said proceeding being adjourned to 
this day G. W. Harding counsel for the proponent and James L. BLODGET, one of 
the subscribing witnesses, James A. RICE, the other being a non-resident of this 
state, having appeared in support of the proof of the said last Will and 
Testament and the testimony of James A. RICE having been duly taken by 
commission and returned to this office and G. W. TIBBETS having  been duly 
appointed the special guardian of Allie R. TAYLOR, a minor, and no one opposing 
said Probate, and after hearing the proofs and allegations of the said witnesses 
and said counsel duly deliberating therein, it is adjudged and decreed that the 
said last Will and Testament was duly executed that the same is genuine and 
valid and that the said Matilda DAUTREMONT, deceased, at the time of executing 
the same was in all respects competent to make a last Will and testament and to 
devise real estate and was not under any restraint.  And this court doth further 
Order and Decree that th said last Will and Testament, and the proofs and 
examinations taken in respect to the same be recorded and that the said last 
Will and Testament be admitted to Probate and that the same be and hereby is 
established as a will of real and personal estate.
Clarence A.FARMAN
Surrogate

Additional Comments:
This will was apparently contested by her nephew Allie R. Taylor, a minor, and 
who was represented by G. W. Tibbets, appointed special guardian.  Of special 
interest to me as Allie (Alfred) R. Taylor was my great-great grandfather.