WILL: James F. Thomas; Lisle, Broome co., NY surname: Thomas, submitted by Barbara Luce Walker (mrjwwj @ bellsouth.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** Transcribed from SAMPUBCO copy by Barbara L. Walker James F. Thomas of Lisle, Broome, NY 1892 Will Book Vol. 20 Page 25 In the Name of God Amen. I James F. Thomas of Lisle Broome County & State of New York, being of sound mind and memory and considering the uncertainty of this fife, 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 Mary A. Thomas all of my personal property. Second. I give & bequeath to my wife Mary the use of all my real estate during her natural life & at her demise to be equally divided among my children who shall survive her. If any of my children shall die previous to the death of my wife Mary & leave children, the share that would have gone to that child shall go to the children of said child. Further I make, constitute and appoint my wife Mary A. Thomas to be my Executrix of this my last Will and Testament hereby revoking all former wills by me made. In Witness thereof I have hereunto subscribed my name and affixed my seal the twenty eighth day of January in the year one thousand eight hundred ninety two. James F. Thomas LS The above instrument, consisting of one sheet, was at the date thereof subscribed by James F. Thomas the Testator named in the foregoing Will, in the presence of himself and each of us and at the time of making such subscription the above instrument was acknowledged by said Testator to be his last Will and Testament and each of us at the request of said Testator and in his presence and in the presence of each other signed our names as witnesses at the end of the Will. C. M. Lusk residing at Center Lisle, NY Horace O. Howland residing at Center Lisle, NY And it appearing from such application that Lutilla, Olive (Oliver) and Walter Thomas heirs of said decedent are infants a notice was duly issued to them requiring them to appear by guardian if they had one and if they had none then they appear and apply for one to be appointed or show cause why one should not be appointed and that upon failure or neglect so to do the Court would appoint a guardian to represent and act for them in this proceeding And afterwards to wit on the 11th day of March A.D. 1892. satisfactory proof in the manner prescribed by law for proof of service of a summons issued out of the Supreme Court, was produced and presented to said Surrogate of the due service of said Citation, in the mode prescribed by law, and on that day said infants failing to appear by guardian or apply for one to be appointed, and Jerome DeWitt having consented in writing to act for such infants as special guardian for the purpose of appearing for them and protecting their interests in this matter an order was duly made and inloco appointing him such guardian and he having duly appeared on behalf of said infants and Mary A. Thomas the said Executrix in said Will named by C.M. Lusk her attorney having appeared in support of the probate of said Will and no one appearing to oppose the probate of said Will .adjudged the said Will to be a valid Will. T. L. Arms Surrogate (note: Both witnesses; C. M. Lusk and Horace O. Howland testified they had known James F. Thomas for more than 20 years and that he was about 45 at the time of his death and that the Will shown to them, dated 28 January 1892 was that of James F. Thomas) (one side of the page was so faded that it was impossible to read, thus the words in Castellar type are guesses of the transcriber for ease in reading, however all the important names were clear.)