WILL: Frances A. Weatherwax; Mentz, Cayuga co., NY surname: Weatherwax, Stillwell, Converse, Turner, Verplank, Weatherwax submitted by Wayne E. Weatherwax (n03369 at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: January 22, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.8 Kb ************************************************ Source: Sampubco.com Cayuga co NY Will Book Vol. 34A page 541 Written: December 7, 1878 Recorded: March 23, 1894 SAMPUBCO provided Will WEATHERWAX, Frances-Mentz She was Frances ROOT b: 5 Aug 1827, she married John F. Weatherwax c:1861 he was the son of Peter Weatherwax (1801-1876) & wife Remember Annable Ellis (1801-1884) At surrogates court, held at the surrogates office city of Auburn in and for the county of Cayuga on the 23rd day of March 1894 Present: Hon., surrogate In the matter of the proof and probate of the last Will and testament of Frances Weatherwax deceased Satifactory proof having been made of the due service of the citation heretofore issued in this matter, requireing the proper persons to appear in court on the 23rd day of March last, past and attend the proof and probate of an instrument in writing hereinafeter set forth (Exhibit A) propounded as the last Will and testament of Frances A. Weatherwax late of the town of Mentz in said county of Cayuga, N.Y. deceased bearing the date: 7th day of December a.d. 1878 and John F. Weatherwax the petitioner in this matter having appeared in open court in person and by H.B. Converse his proctor and counsel in support of said instrument and filed due proof of the personal service of citation upon Olivia P. Verplank anf the proofs of the subscribeing witnesses tp said will been heard and taken as hereafter set forth and it appearing therefrom that the said instrument was duly executed as and for a last will and testament; that the testator at the time of its execution was in all repspects competent to make and publisha last Will and testament and to devise real estate and not under restraint; the probate os said Will was not contested. It is hereby ordered, adjudged and decreed that the said instrument in writting (Exhibit A) was duly executed as a lat Will and testament; thaat the testator at the time of executing the same was of sound and disposing mindand memory, in all respects competent to make publish a last Will and testament and to devise real estate and not under restraint, and that said last Will and testament together with the proofs and exminations taken in respect to the same be recorded; 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 it is further ordered that letters of testamentary of the said last Will and testament be issue to: John F. Weatherwax the executor in the sai Will named, he having first taken the oath prescribed by law. George B. Turner surrogate In the name of God Amen I Frances A. Weatherwax of the town of Mentz in the county of Cayuga & state of New York being of sound mind and memory and considering the uncertainty of this frail and transitory life do therfore 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 husband John F. Weatherwax all of my estate and property real and personal absolutely. Likewise I make, constitute and appont my said husband John F. Weatherwax to be my executor 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 Seventh day of December in the year of our loard one thousand eight hundred and seventy eight. Frances A. Weatherwax (l.s.) The above written instrument was subscribed by the said Frances Weatherwax in our presence and acknowledged by her to each of us and she at the same time decleared the above instrument so subscriber to be her last will and testament; and we at her request have signed our names as witnesses hereunto in her presence and in the presence of each other and written opposite our names our respective places of residence. R.R. Stillwell residing at Point Byron N.Y. Howell B. Converse residing at Point Byron N.Y. Cayuga County R.R. Stillwell of the town of Mentz in Cayuga county being duly sworn says; I was well acquainted with Frances A. Weatherwax late of the town of Mentz in the county oy Cayuga aforesaid deceased. I was present when a certain instrument in writing now here shown to me bearing date the 7th day of December a.d. 1878 (marker exhibit A) and purporting to be the last will and testament of said deceased was executed. I sa the deceased execute the same by signing her name at the end thereof. I heard her publish and declare the same to be her 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 her presence. The said deceased was in my opinion ath the time of the execution of said instrument of a sound and disposing mind and memory and in all respects competent to make publish a last will and testament, and to devise real estate. She was of full age and under no restraint to my knowledge. subscribed and sworn to this 23rd day of march a.d. 1894 before me: R.R. Stillwell George B. Turner surrogate. Cayuga County Howell B. Converse of the town of Mentz in Cayuga county being duly sworn says: I was well acquainted with Frances A. Weatherwax late of the town of Mentz in the county of Cayuga aforesaid deceased. I was present when a certain instrument in writing now here shown to me bearing the date 7th day of December a.d.1878 (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 her name at the end thereof I heard her publish and declare the same to be her last Will and testament. The decease requested me to become a subscribinh withness to the execution thereof I did so and signed my name thereto as such witness in her presence. The said deceased was in my opinion at the timeof the execuion 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 deivse real estate she was of full age and under no restraint to my knowledge. I drew the Will od said deceased and it is now in the same condition as when executed. Subscriber and sworn to the 23rd day of March a.d. 1894 before me: Geo B. Turner surrogate Howell B. Converse Exhibit A was read in evidence