WILL: James T. Rhoades; Brutus, Cayuga co., NY surname: Rhoades, Daratt, Howard, Fowler, Titus, Kellogg submitted by Kerry Jackson (jacksonk1 at vzavenue.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: January 8, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.1 Kb ************************************************ Source: Sampubco.com Cayuga co NY Will Book Vol. 32D page 475 Written: April 21 1881 Recorded: December 26 1887 At a Surrogate's court, held at the Surrogate's Office, in the City of Auburn, in and for the County of Cayuga on the 24th day of December, 1889. Present, Hon. John D. Teller, Surrogate In the matter of the proof and probate of the last will and testament of James T. Rhoades, Deceased. Satisfactory proof having been made of the due waiver of the citation in this matter, the proof and probate of an instrument in writing, hereinafter set forth (Exhibit A) propounded as the Last Will and Testament of James. Th. Rhoades, late of the town of Brutus in said County of Cayuga, N.Y., deceased, bearing date the 21st day of April A.D. 1881, and James S. Rhoades and George Rhoades, the petitioner in this matter, having appeared in open Court, in person and by Frank M. Parsons, their proctor and counsel, in support of said instrument, and filed duly executed waivers of citation by Rachael A. Daratt, Arvilla Howard, Wealthy MM. Fowler, Mary Titus, Emily Titus, Julia Kellog, and Anna M. Rhoades and it appearing that there are no infants in testate, and no one having appeared to oppose; and the proofs of the subscribing witnesses to said will, and other witnesses produced and sworn, having been heard and taken as hereafter set forth, and it appearing therefore that the said instrument was duly executed as and for a Last Will and Testament, and to devise real estate, and not under restraint; the probate of said Will was not contested. It is hereby ordered, adjudged and decreed, that the said instrument in writing (Exhibit A,) was duly executed as a Last Will and Testament; that the testator, at the time of executing the same, was of sound and disposing mind and memory, in all respects competent to make and publish a Last Will and Testament, and to devise real estate, and not under restraint; and that the said Last Will and Testament be admitted to probate; and that the same be, and hereby is established as a valid Will of real and personal estate. And is further ordered, that Letters Testamentary of the said Last Will and Testament to be issued to James S. Rhoades and George Rhoades the Executors in the said Will named, they having first taken the oath prescribed by Law. John D. Teller, Surrogate. Will. I James T. Rhoades of the town of Brutus, County of Cayuga and State of New York, Being of sound and disposing mind do make publish and declare this to be my last well and testament in the manner following, that is to say - First - After the payment of all my just debts and expense of my funeral and last sickness, I give bequeath and devise unto my daughters Rachil A. Daratt, Arvilla Howard, Welathy M. Fowler, Mary Titus, Julia Kellogg, and Emily Titus, each One Thousand Dollars, subject to the provisions hereinafter mentioned. Second - Having advanced to my Son James S. Rhoades, about Six Hundred Dollars, I give, bequeath, and devise unto him the sum of Four Hundred Dollars in addition to the sum already given him, subject to the provisions hereinafter mentioned. Third - Having advanced to my son George Rhoades about Seventeen Hundred Dollars, One Thousand Dollars of it by my intended as a bequest or gift equal to that made to each of my other children above named and Sum Hundred Dollars as a full payment for materials and things furnished by him and for his kind care for and towards me, I do therefore give bequeath, and devise all the rest and residue of my estate for both real and personal to my said children a forenamed each to share and share alike, subject to the provisions hereinafter mentioned. Fourth - All the gifts bequests and devises herein fore made to my said children are made subject to an aute nuptial contract or agreement made by me with my beloved wife Anna, on the 16th day of May 1879, and witnessed by the Rev. William Reddy, which said agreement is paramount to and must be satisfied before the gifts bequests and devises a forenamed. Fifth - In the event of the decease of any of my said children, upon my decease, than and in that case the gift bequest or devise to such child shall become inoperation and of no force, but the same shall lapse, and be the same as if no such gift, bequest, or devise had been made to such child. Sixth - I do hereby authorize and empower my executors hereinafter named or other of them to sell, convey, and give title to any and all my real estate for the purpose of conveying out the provisions hereinbefore contained, provided a majority of my ligatris and devises hereinbefore named shall consent thereunto. Seventh - Likewise I make constitute and appoint my sons, George Rhoades an James S. Rhoades to be the Executors of this my last sill and testament. In witness whereof I have at my hand and seal this 21st day of April, 1881, James T. Rhoades (SS) The above instrument consisting of one legal cap sheet was at the date thereof subscribed by James T. Rhoades in the presence of us and each of us, be at the time of signing the same, declared it to be his last will and testament. Whereupon we did there and then at his request and in his presence and the presence of each other subscribed our names as witness thereunto. Frank M. Parsons, Weedsport, NY; A.E. Streeter In the matter of the proof and probate of the last will and testament of James T. Rhoades, Deceased. Cayuga County, SS Stephen D. Eldridge of the town of Brutus in Cayuga County, being duly sown says I was well acquainted with Arthur E. Streeter late of town of Brutus in the County of Cayuga aforesaid; and with his manner and style of handwriting, having frequently seen him write and I verily believe the signature A.E. Streeter affixed as a subscribing witness to the instrument in writing now here shown to me, bearing date the 21st day of April, 1881 (marked Exhibit A) and purporting to be the last will and testament of James T. Rhoades, late of the town of Brutus in said county, deceased, is the genuine handwriting and signature of said Albert E. Streeter. I know that said Albert E. Streeter is not in the State of New York, that he resides in Kansas. The grounds of my knowledge are letters recently received from him. He is my nephew. Subscribed and sworn to, this 26th day of December, A.D. 1889, before me. S.W. Eldridge. John W. Teller, Surrogate Frank M. Parsons of the town of Brutus in Cayuga County, being duly sworn says: I was well acquainted with James T. Rhoades late of the Town of Brutus in the County of Cayuga, aforesaid deceased, I was present when a certain instrument in writing, now here shown to me, bearing date the 21st day of April A.D. 1881(marked Exhibit A) and purporting to be the Last Will and Testament of said deceased, was executed. I saw the deceased execute the same by signing his name at the end thereof. I heard him publish and declare the same to be his Last Will and Testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so, and signed my name thereto as such witness in his presence. The said deceased was, in my opinion, at the time of the execution of said instrument, of a sound and disposing mind and memory, and in all respects competent to make and publish a Last Will and Testament, and to devise real estate; he was of full age, and under no restraint to my knowledge. Subscribed and sworn to, this 24th day of December A.D. 1887 before me, Frank M. Parsons. John D. Teller, Surrogate