WILL: Norris Carnegie; Colesville, Broome co., NY surname: Carnegie, submitted by Peggy Dyar (pdyar @ core.com) ************************************************************************ 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. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO by Peggy E. Dyar. Broome County NY Will Book Vol 5 page 247 Last Will and Testament of Norris Carnegie, Deceased. Be it Remembered That heretofore, to wit on the 23rd day of December in the year of our Lord one thousand eight hundred and seventy four James B. Frasier sole executor named in the Last Will and Testament of Norris Carnegie late of the Town of Colesville 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 Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator and their respective residences. And said Surrogate did thereupon issue a citation in due form of law, directed to the heirs at law and next of kin by their respective names, stating their respective places of residence requiring them to appear before said Surrogate at his office in the City of Binghamton, in said County, on the 12 day of February A.D. 1875 to attend the probate of said Will. And afterwards, to-wit: on the 12th day of February A.D. 1875 satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, 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 12th day of February A.D. 1875 and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs are as follows, that is to say: I Norris Carnegie of Colesville County of Broome and State of New York aged 63 years on the 17th day of April 1874 and being of sound mind and memory and considering the uncertainty of this frail and transitory life do make publick and declare this my last will and testament in manner following that is to say: First. I give and devise to my youngest daughter Emma G. Carnegie my lot and premises consisting of an acre of land being the same land purchased of John Wylie, also one cottage bedstead bed and bedding 1 Bedstead lounge and fixings and small parlor stove and pipe 6 cottage cane seat chairs 1 wash cupboard and one (unreadable) 1 (unreadable) rocking wood seat char wash bowl and kitchen looking glass leaf table oil cloth used my large family Bible. (all without inventory or appraisal) Second. I give and devise to my youngest son (unreadable) Owen Carnegie ten acres of land; the same purchased of Lyman Watrous bounded on the South by the above described acre and (lured) of John Wylie on the East by lands of said John Wylie on the north by land of said Lyman Watrous and on the West by the highway; also all the neat residue and remainder of my personal effects of every name and kind upon condition that he pay or cause to be paid all my just debts funeral and testamentary expenses and expenses of tombstone be erected to my memory and provides all things necessary for my comfort during my natural life and case he fails to perform) on his (unreadable) then and in that case I require my executor hereinafter named to dispose of the property bequeathed to my son and pay said debts and amounts that my said son is required to pay to entitle him to the bequest and the balance to pay to him. Third. I give my grandson Norris Carnegie my watch and my cane. Lastly. I hereby nominate and appoint my friend James B. Frasier sole Executor of this my last will and testament, herby giving and granting him full (unreadable) and (unreadable) authority to sell and convey the said ten acres described if subsequent events should make it necessary to do so hereby revoking all former wills by me made. The words "bedstead lounge need fixing and small (unreadable) stove and pipe" (unreadable) and noted at time of execution. (initialed)J.B.F. Norris Carnegie (initialed by) [L.S.] The foregoing instrument consisting of one sheet of paper and at the date himself signed, sealed, published and declared by the said Norris Carnegie as (unreadable) his last will and testament, presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses (unreadable). J.B. Frasier Broome County N York Elisha Kasson Colesville Broome County N York. SURROGATE'S COURT In the matter of Proving the Last Will and Testament of Norris Carnegie Deceased. Broome County SS. James B. Frasier and Elisha Kassen both of Colesville in the county being first duly sworn, in open Court, upon their several (unreadable) oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of Norris Carnegie late of the Town of Colesville in the County of Broome and State of New York deceased. And these deponents do further say, that the said Norris Carnegie deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument in writing, which is now here shown to the deponent, and which purports to be the last Will and Testament of the said deceased, and which bears date on the ___ day of ____ one thousand eight hundred and ____. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid declare the same to be his last Will and Testament, and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States that he appeared to be, and deponents believe he was, of sound mind, memory and understanding, and not under any restraint, and, as deponents verify believe, in all respects competent to devise real estate that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased. (signed) J.B. Frasier (signed) Elisha Kassen Subscribed and sworn to before me, this 12th day of February A.D. 1875 W.B. Edwards Surrogate Broome County, SS. It appearing upon the proof duly taken in respect to the Last Will and Testament of Norris Carnegie late of the Town of Colesville in the County of Broome and State of New York, deceased, that the said Will was duly executed, and that the said Norris Carnegie at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provision of the Revised Statutes this 12th day of February A.D. 1875. (signed) W.B. Edwards Surrogate