WILL: Cassius M. Dean; Moravia, Cayuga co., NY surname: Dean, Welton, Woolsey submitted by Francis Deane Gilbert (fdgilbert at suscom.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: March 9,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.4 Kb ************************************************ Source: sampubco.com Cayuga co NY Will Book Vol. 35B page 165 Written: January 16, 1896 Recorded: June 16, 1896 Last Will & Testament of Cassius M. Dean At Surrogates Court, Held at the surrogates Office, in the city of Auburn, In and for the County of Cayuga on the 16th day of June 1896. Present, Hon. George B. Turner Surrogate In The Matter of the Proof and Probate of the Last Will and Testament of Cassius M. Dean Deceased. Satisfactory proof of due service (by publication), of the citation heretofore issued in the matter upon Ada D. Welton and Ellen M. Woolsey Having been filed, requiring the above named persons to appear in this Court on the 16th day of June last past, and attend the proof and probate of an instrument in writing, hereafter set forth, propounded as the Last Will and Testament of Cassius M. Dean, Late of the Town of Moravia, in said County of Cayuga NY deceased , bearing date the 16th day of January AD 1896 and Eliza Dean the petitioner in this matter appearing in open court, in person and the proofs of the subscribing witness to said Will having 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 it's execution was in all respects competent to make and publish a Last will and testament and to devise real estate and not under restraint; the probate of said will was not contested. It is hear by ORDERED, ADJUDGED AND DECREED that the said instrument in writing 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, together with proofs and examinations taken in respect to the same be recorded ; and the 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 Testimony upon the said Last Will and Testament be issued to Eliza Dean the Executrix in the said Will named having taken the oath prescribed by law. Signed Geo. B.Turner Surrogate In the Name of Lord Amen I Cassius M. Dean of the Town of Scipio, County of Cayuga, State of New York being of sound mind and memory and considering the uncertainty of the frail and transitory life do here by 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 (devise) and bequeath to my wife Eliza Dean all my Real and personal property of what ever more (n) nature that I may die (apressed) of and to Hers absolutely & in fee & hold the same as I might when alive & with all my rights in regard to the same. Second If my policy in the Mutual Reserve Fund Life Association , No 11994 for $3,000 to be in force at the time of my death the same (thing) payable to the order of myself I hereby order and direct that the insurance referred to above be paid to my beloved wife Eliza Dean to be hers Absolutely. Likewise I make constitute and appoint Eliza Dean of Scipio N.Y. To be Executrix 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 16th day of January in the year of our Lord one thousand eight hundred and 96 Cassius M. Dean (seal) The above written instrument was subscribed by the said Cassius M. Dean in our presence and acknowledged the above instrument so subscribed to be his Last Will and Testament and we at his request have signed our names and written opposite our names and respective places of residence. Uri T Cox (sig.) Moravia NY Mary F. Heald (sig.) Moravia NY In the Matter of the Proof and Probate of The Last Will and Testament of Cassius M. Dean Deceased DEPOSITIONS OF WITNESSES SWORN AND EXAMINED IN THE ABOVE ENTITLED MATTER Cayuga County, ss William T Cox of the Village of Moravia in Cayuga County being duly sworn says: I was well acquainted with Cassius M. Dean late of the Village of Moravia in the County of Cayuga aforesaid deceased. I was present when a certain instrument in writing, now here shown to me, bearing the date 16th day of January AD 1896 (marked exhibit A, ) and pro porting to be the Last will and Testament of said deceased , was executed. I say 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. William T. Cox (sig) Subscribed and sworn to this 16th day of June AD Before me Walter E. Woodin (sig) Clerk of Surrogates Court CAYUGA COUNTY , ss Mary F Heald (sig) of the Village of Moravia in Cayuga County being duly sworn says: I was well acquainted with Cassius M. Dean, late of the Village of Moravia in the County of Cayuga, aforesaid deceased. I was present when a certain instrument in writing, now here shown to me, bearing the date 16th day of January AD 1896 (marked exhibit A, ) and pro porting to be the Last will and Testament of said deceased , was executed. I say 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. Mary F. Heald (sig) Subscribed and sworn to this 16th day of June AD Before me Walter E. Woodin (sig) Clerk of Surrogates Court The Will (Exhibit A ) was read in evidence