WILL: Christina Hubbell; Binghamton, Broome Co., NY submitted by Gayle Hendren (gr3808@aol.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.net *********************************************************************** Transcribed by Gayle Hendren from SAMPUBCO copy BROOME COUNTY, NY. Volume 29, Page 127 LAST WILL AND TESTAMENT OF CHRISTINA HUBBELL BE IT REMEMBERED, That heretofore, to wit: on the 3rd day of November in the year of our Lord one thousand eight hundred and ninety nine, Almerin W. Hubbell and Ella Humphrey the executors named in the Last Will and Testament of Christina Hubbell, late of the City of Binghamton in the County of Broome deceased, appeared in open Court, before the Surrogate of the County of Broome, and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said's Surrogate did ascertain by satisfactory evidence who were the executor and all the heirs at law and next of kin of the said testatrix and their respective residences, and said Surrogate did thereupon issue a Citation in due form of Law, directed to the said heirs at law and next of kin of said decedent, by their respective names, requiring them to appear before said Surrogate at his office in the Court House in the City of Binghamton, in said County, on the 18th day of December 1899, to attend the Probate of said Will. And it appearing from such application that Anna Nowlan, Judson Baker, May Baker, Blanch Curran, Gertrude M. Maginnis, William F. Warner, Edward D. Warner, Harrison Warner and Harriet Warner, necessary parties to this proceeding are infants. A notice was duly issued to them directing them to appear by guardian if they had one and if they had none that they appear and apply for one to be appointed or show cause why one should not be appointed, and that upon failure or neglect to do so, the Court would appoint a guardian to represent and act for them in this proceeding. It was further ordered that a copy of the citation be served upon A. Hotchkiss for Milton Warner, Phebe C. Curran and Charles F. Baker incompetent persons. And afterward, to wit: on the 18th day of December A.D., 1899, 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 Albert Hotchkiss Esq., having been duly appointed as special guardian for said minors for the purpose of appearing for them in this proceeding (he having first consented in writing so to do), and said Albert Hotchkiss Esq., having duly appeared in behalf of said infants and also in behalf of said alleged incompetent persons, and said executors by B.S. & B.S. Curran Jr. having appeared in support of the probate of the Will, and no one appearing to oppose the probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth upon this 18th day of December A.D., 1899, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs are as follows, that is to say; I, Christina Hubbell of the City of Binghamton, N.Y., 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 niece Mary Burdick, one large silver spoon. To Phebe Earle my white stuffed quilt and one large silver spoon. To Ella Humphrey my tete-a-tete three hair cloth chairs, one large spoon and three small tea spoons. To Mary Guion my watch and chain, and one large silver spoon. To Emeline Prentice my double cashmere shawl and one large silver spoon. To Rebecca Terwilliger my Paisley shawl and one large silver spoon. To May Hubbell my gilt frame mirror and cherry stand. To my niece Phebe Germond the sum of one thousand dollars and interest from my death and all my stoves, carpets and household goods that are left at my decease. This legacy to Phebe Germond to be in full of all claims against my estate. Second. - My debts and legacies given by this will, and all my funeral expenses and the monument and $100 to take care of my cemetery lot is to come out of avails of my real estate. Third. - I give to my grand daughter May E. Hubbell the sum of $1500.00. Fourth. - My executors are to cause to be erected as soon as convenient on my lot in Spring Forest Cemetery a family monument not to cost less than $400 and not more that $500. An also place a monument (marker - at my grave similar to the one at my husband's grave. I also direct my executors to place and keep at interest the sum of $100. and the interest thereon is to be used to keep my cemetery lot above in repair, and proper condition. Fifth. - The balance of my estate, if any, I give to my son Almiron W. Hubbell for his own use and benefit. Sixth. - I authorize and direct my executors to sell and convey my real estate at such times as they can sell, without sacrifice: the avails to be used as above stated. If there is not enough left of the avails of my real estate to pay my debts and funeral expenses and the legacies above given and to build said monument be built and said $100 set aside to care for said cemetery lot, and that said legacies to said Phebe Germond and May Hubbell are to be paid pro rata, out of the balance. Likewise, I make, constitute and appoint my son Almerin W. Hubbell and my niece Ella Humphrey to be executors 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 9th day of April in the year one thousand eight hundered and ninety six. Christina Hubbell (Seal) The above instrument, consisting of one sheet, was at the date thereof subscribed by Christina Hubbell 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 thereto. B.S. Curran, residing at Binghamton, N.Y. Mrs. H. Van Valkenburgh, residing at Binghamton, N.Y. Examination of Witnesses Sworn and Examined in the Above Entitled Matter. BROOME COUNTY, ss. B.S. Curran of the City of Binghamton in the County of Broome, being duly sworn as witness in the above entitled matter, and examined in open Court on behalf of the applicant to prove said will, deposes and says as follows: I was personally acquainted with Christina Hubbell in her lifetime, she is now deceased. I knew the above named decedent for more than 50 years previous to her death. The subscription of the name of Christina Hubbell the decedent , to the instrument in writing now shown to me, bearing date the 9th day of April on thousand eight hundred and ninety six and purporting to be her last will and testament, was made by her in the presence of myself and Mrs. H. Van Valkenburgh the other attesting witness. At the time of making said subscription the said decedent declared the said instrument so subscribed by her to be her last will and testament, and I thereupon, then and there signed my name, as an attesting witness, at the end of said instrument at the request of said decedent, and in her presence, and in the presence of the other attesting witness. I also saw said Mrs. H. Van Valkenburgh the other attesting witness sign her name as a witness at the end of said instrument, and to my knowledge she did so at the request of said decedent and in her presence. The said decedent, at the time of so executing the said instrument was upwards of twenty-one years of age, and of the age of 83 years or thereabouts, and was a citizen of the United States. She appeared to be, and it is my opinion and belief that she then was of sound mind, memory and understanding, and in all respects competent to make a will and not under restraint. Taken subscribed and sworn to before me December 18, 1899, B.S. Curran T. L. ...., Surrogate (Name not legible) BROOME COUNTY, ss. Mrs. H. Van Valkenburgh of the City of Binghamton in the County of Broome, being duly sworn as witness in the above entitled matter, and examined in open Court on behalf of the applicant to prove said will, deposes and says as follows: I was personally acquainted with Christina Hubbell in her lifetime, she is now deceased. I knew the above named decedent for more than 5 years previous to her death. The subscription of the name of Christina Hubbell the decedent , to the instrument in writing now shown to me, bearing date the 9th day of April on thousand eight hundred and ninety six and purporting to be her last will and testament, was made by her in the presence of myself and B.S. Curran the other attesting witness. At the time of making said subscription the said decedent declared the said instrument so subscribed by her to be her last will and testament, and I thereupon, then and there signed my name, as an attesting witness, at the end of said instrument at the request of said decedent, and in her presence, and in the presence of the other attesting witness. I also saw said B.S. Curran the other attesting witness sign his name as a witness at the end of said instrument, and to my knowledge she did so at the request of said decedent and in his presence. The said decedent, at the time of so executing the said instrument was upwards of twenty-one years of age, and of the age of 83 years or thereabouts, and was a citizen of the United States. She appeared to be, and it is my opinion and belief that she then was of sound mind, memory and understanding, and in all respects competent to make a will and not under restraint. Taken subscribed and sworn to before me December 18, 1899, Mrs. H. Van Valkenburgh T. L. ....., Surrogate (Name not legible) BROOME COUNTY, ss. It appearing upon the proofs duly taken in respect to the LAST WILL AND TESTAMENT, of Christina Hubbell late of the City of Binghamton in the County of Broome and State of New York, deceased, that the said Will was duly executed and that the said Christina Hubbell at the time she executed, was in all respects competent to make a will, and not under restraint, and the same having upon due proof been admitted to probate as a valid will to pass real and person property, the said last Will and Testament and the proofs and examinations taken upon the probate thereof are hereby recorded, signed and certified by me, pursuant to the provisions of the Statutes in such case made and proved, this 18th day of December A.D., 1899. T. L. ....... Surrogate (name not legible)