WILL: James Ramsay; Auburn, Cayuga co., NY surname: Ramsay submitted by Christine J. Spengler (Cspengl @ UTNet.UToledo.Edu ************************************************************************ 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 copy by Chris Spengler Cayuga County, New York Will Book 37a. p. 229 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 19th day of July 1899. Present, Hon. George B. Turner, Surrogate. In the Matter of the Proof and Probate of the Last Will and Testament of James Ramsay, Deceased. Satisfactory petition having been filed for the proof and probate of an instrument in writing, hereinafter set forth, propounded as the Last Will and Testament of James Ramsay late of the city of Auburn in the said County of Cayuga, N.Y., deceased, bearing date the 26th day of April A.D., 1899, and Agnes Ramsay the petitioner in this matter, having appeared in open Court in person in support of said instrument, and having filed waivers, duly executed, waiving the issuance and service of citation, by James W. Ramsay, William H. Ramsay, H.D. Ramsay, M.J. Ramsay, Agnes Ramsay and the proofs of the subscribing witnesses 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 its 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 hereby 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 the proofs and examinations 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 Testamentary upon the said Last Will and Testament be issued to Agnes Ramsay the Executrix of the said Will named, She having first taken the oath prescribed by law. Geo. B. Turner, Surrogate LAST WILL and TESTAMENT I, James Ramsay of the City of Auburn, County of Cayuga and State of New York, do make, ordain, publish and declare this to be my last Will and Testament in manner and form following, that is to say: First - . I direct the payment of my just debts, if any. Second-. I give devise and bequeath to my beloved wife, Agnes W. Ramsay all of my property both real and personal, of every kind and nature what-ever and wheresoever situate, for her sole use and benefit forever. Likewise, I make constitute and appoint my said wife Agnes W. Ramsay to be sole 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 26th day of April, in the year of our Lord one thousand eight hundred and ninety nine. James Ramsay, (seal) We, whose names are hereto subscribed, do certify that James Ramsay the testator subscribed his name to this instrument, in our presence and in the presence of each of us, and at the same time he declared in our presence and hearing that the same was his last Will and Testament, and requested us and each of us to sign our names thereto as witnesses to the execution thereof, and which we hereby do in the presence of the testator and of each other this 26th day of April, 1899, the day of the date of the said Will and write opposite our names our respective places of residence. L.A. Pierce residing at Auburn, Cayuga County, NY Mary Jean Ramsay residing at Auburn, Cayuga County, NY In the matter of the Proof and Probate of the Last Will and Testament of James Ramsay, Deceased DEPOSITIONS OF WITNESSES, SWORN AND EXAMINED IN THE ABOVE ENTITLED MATTER. Cayuga County, ss: Mary Jean Ramsay of the City of Auburn in Cayuga County being duly sworn says, I was well acquainted with James Ramsay late of the city of Auburn in the County of Cayuga, aforesaid, deceased. I was present when a certain instrument in writing, now here shown to me, bearing date the 26th day of April A.D. 1899 (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. Mary Jean Ramsay Subscribed and sworn to, this 17th day of July A.D. 1899, before me, Geo. B. Turner, Surrogate. Cayuga County, ss: L.A. Pierce of the city of Auburn in Cayuga County being duly sworn says, I was well acquainted with James Ramsay late of the city of Auburn in the County of Cayuga, aforesaid, deceased. I was present when a certain instrument in writing, now here shown to me, bearing date the 26th day of April A.D. 1899 (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. I drew said will and it is now in the same condition as when executed. L.A. Pierce Subscribed and sworn to, this 19th day of July A.D., 1899 before me, Geo. B. Turner, Surrogate. The Will (Exhibit A) was read in evidence.