WILL: Peter Low; Leon, Cattaraugus co. NY
surname: Low

submitted by Kristin Grip (kgrip29 @ aol.com)
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http://www.usgwarchives.org/ny/nyfiles.htm
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LOW, Peter

Cattaraugus County, NY, Volume 8, page 576
Transcribed from SAMPUBCO photocopy by Kristin Grip

At a Surrogate's Court, held in and for the County of Cattaraugus, at the
Surrogate’s Office in Little Valley on the second day of August A.D. 1883.
Present Alfred Spring, Surrogate.

IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT
Of
Peter Low, Deceased.

On the second day of July A.D., 1883 Harriet Low and James Low Executors named
in a certain instrument in writing, purporting to be the Last Will and
Testament of Peter Low late of Leon in said county, deceased, applied in this
Court to have the said instrument, which relates to real and personal estate,
proved as the Last Will and Testament of the said deceased; and thereupon the
Surrogate of said County did ascertain by satisfactory evidence the facts
required by law, and did issue a Citation in due form of law, directed to the
proper persons, by their respective names, and stating their places of
residence, requiring them to appear before him at his office in Little Valley
in said County, on the second day of August A.D. 1883 to attend the probate of
the said instrument.  And afterwards, to wit, on the day and at the place last
aforesaid, due proof by affidavit was produced and filed in said Court, of the
service of the said Citation in the mode prescribed by law, and the said
applicants appeared in person and Willian Spink and Anson Spink infants
appeared by E. N. Jalis (?) Atty at Law their special guardian duly appointed
for such purpose and no other parties or persons appearing, such proceedings
were thereupon afterwards had on the said second day of August that the said
Surrogate took the proof in support of the said instrument as follows:

SURROGATE COURT - COUNTY OF CATTARAUGUS - SS.
IN THE MATTER OF PROVING THE WILL
Of
Peter Low, Deceased.

Edwin C. Durfee of the Town of Leon and Robert E. Durfee of the Town of
Conewango in the County of Cattaraugus aforesaid, being duly sworn, do depose
and say, that they are the subscribing witnesses to the Last Will and
Testament of Peter Low late of the Town of Leon in the County of Cattaraugus
aforesaid, deased.  And these deponents further say that the said Peter Low
the said testator did, in the presence of these deponents subscribe his name
at the end of the instrument which is now shown and exhibited to these
deponents which purports to be the Last Will and Testament of the said Peter
Low and which bears date on the 26th day of February in the year of our Lord
one thousand eight hundred and sixty-nine.  And these deponents further say
that the said testator did, at the said time of subscribing his name as
aforesaid, at the end of said Will, declare the said instrument so subscribed
and now exhibited to be his Last Will and Testament; and these deponents did
thereupon subscribe their names at the end of the said Will, as attesting
witnesses thereto, in the presence and at the request of the said testator. 
And these deponents further say that at the said time when the said testator
subscribed his name to the said Last Will as aforesaid, and at the time of
these deponents subscribing their names as attesting witnesses thereto as
aforesaid, the said testator was of sound mind and memory, of full age to
execute a will, and was not under any restraint.  And that the said will now
appears in all respects as when so executed, without any alteration
whatsoever.

E. C. Durfee
Robert E. Durfee

Subscribed and sworn, this second day of August 1883, before me, Alfred
Spring, Surrogate of Cattaraugus County.

IN THE SAME MATTER:
On reading and filing due proof of the service of the citation issued in this
matter, and upon due proof of the execution of the paper propounded as the
last will and testament of Peter Low late of the Town of Leon in said county,
deceased, bearing date the 26th day of February 1869 and said petitioners
heirs at law and next of kin appearing in person, and William Spink and Orson
Spink infants, heirs at law and next of kin of said deceased, appearing by E.
N. Yalis (?) Atty at Law, their Special Guardian, duly appointed for such
purpose, and it appearing by such proof that the said will was duly executed,
that the testator at the time of executing the same, was of full age for
making a will, was of sound mind and memory, and not under restraint, and in
all respects competent to devise real estate, and the probate thereof not
having been contested.

It is ordered, adjudged and decreed that the said paper purporting to be the
last will and testament of the said Peter Low deceased, was duly executed to
pass real and personal estate, and that the same with the proofs thereof be
recorded and admitted to probate as a will of real and personal estate.

Witness, Alfred Spring, Surrogate and seal of the Court the day and year first
above written.
Alfred Spring, Surrogate.


I Peter Low of the town of Leon County of Cattaraugus and State of New York
being now of a sound dispusing mind and memory, do make publish and declare
the following to be my last will and testament in manner as follows

1st  In case of my death I hereby give and bequeath to my wife Harriet Low all
of my property both real and personal which may be left after paying all my
just debts & expenses, to have hold and enjoy the same during her life with
the privilege of expending so much thereof one and above the interest and
increase of the same as may be necessary for her comfortable support and
maintenance.
2nd  After the death of my said wife Harriet Low I direct the residue of my
property, that is so much as shall have been unexpended by my wife to be
equally divided share and share alike among our children nine in number
including Edward Low.
3rd  I hereby nominate and appoint my wife Harriet Low executrix and my son
James Low to be associated with her as executor of this my last will and
testament.

Witness my hand and seal this 26th day of February 1864.
Peter Low {L.S.}

The foregoing instrument written on our half sheet of legal paper was at the
date thereof subscribed, published and declared by Peter Low well known to us
to be his last will and testament and at his request in his presence and in
presence of each other we have hereunto subscribed our names as attesting
witnesses thereto.
Feb. 26th 1869
Edward C. Durfee
Robert E. Durfee
Residents of Leon, NY

State of New York
Cattaraugus County
Surrogate’s Office
Recorded the preceding last Will and Testament of Peter Low late of said
county deceased as a will of real and personal estate together with the proofs
taken in the Surrogates Court of Cattaraugus County of which record is hereby
signed and certified by me pursuant to the provisions of the Revised Statutes
this 2nd day of August A.D. 1883.
Alfred Spring, Surrogate