WILL: Edward Baier; Auburn, Cayuga co., NY surname: Baier 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 Y p. 504 Edward Baier 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 25th day of September A.D. 1876. Present John F. M. Davie, Surrogate In the matter of the proof and probate of the Last Will and testament of Edward Baier, deceased. Be it remembered (?) that heretofore to ____ on the 16th day of September, Josepha Baier the sole executrix named in and by the last Will and Testament of Edward Baier, late of the city of Auburn, deceased, appeared in open court before the surrogate of the County of Cayuga and made application to have the said last Will and Testament which relates to both real and personal estate proved and on such application said surrogate did ascertain by satisfactory endeavor who were the heirs at law and next of kin of said testator and her respective places of residence and said surrogate did thereupon that 16th day of September A.D. 1876 issue a citation in due force of law _________ to said heir at law and next of kin by their respective _________ and places of residence requesting them to be and appear in the court on the 25th day of September 1876 at 10 o'clock in the forenoon of that day and attend the probate of said will and on said 25th day of September satisfactory evidence by affidavit was produced and presented to said surrogate of the service of said citation. In the ___________ by law prescribed on all the proper persons, did on said 25th day of September A.D. 1876 it appearing that some of the heirs at law and next of kin were desirous having no general Guardians residing in the State of New York. F.G. Day, Esq. was duly appointed Special Guardian of said minors for the sole purpose of appearing for and taking care of their interests during the further proceedings in the matter and on this day such proceedings were thereupon had that said Surrogate took the proof of said will herein after at ____ city. He adjudged the said will to be the _____ will of real and personal estate and the proofs thereof to be sufficient which said last Will and Testament and proofs are as follows, that is to say. WILL The last Will and Testament of Edward Baier of the city of Auburn, County of Cayuga, and State of New York. I, Edward Baier, of the of the city of Auburn aforesaid being of sound and disposing mind and memory and being desirous of making provisions for the disposition of my property after my death do hereby make, publish and declare this my last Will and Testament as follows. First, I direct my Executrix, hereinafter named and appointed, as same as may be convenient after my death to pay all my just debts and the expenses of my last sickness and of my funeral. Second, I hereby give, bequeath and devise to my wife, Josepha, all my real and personal estate of every manner, nature, kind; character and description in wheresoever situated for her own use and benefit and to be disposed of by her as she may think proper, subject to the payment of just debts and the expenses of my last sickness and of my funeral. Lastly, I hereby revoke former wills by me made and hereby nominate and appoint my said wife, Josepha, sole executrix of this my last Will and Testament. Witness my hand and seal this 8th day of April A.D. 1876. Edward Baier. (L.S.) The foregoing instrument consisting of one sheet was at the day of the date thereof signed, sealed, published and declared by the said Edward Baier, the testator therein issued as an for his last Will and Testament in the presence of us, who at his request and in his presence and in the presence of each other have signed our names hereto as witnesses thereto. Auton F. Vatter Gueburer Cay, leu N.Y. Fayette G. Day Auburie Cay leu. N.Y. Cayuga County; ss: Auton F. Vatter of the city of Auburn in Cayuga County. In the matter of the proof and probate of the last Will and Testament of Edward Baier, deceased, being duly sworn says: I was well acquainted with Edward Baier late of the city of Auburn in the county of Cayuga aforesaid, deceased: I was present where a certain instrument in writing was here shown to me bearing date the 8th day of April A.D. 1876 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 was in all respects competent to make and publish a last Will and Testament and to devise real estate that he was of full age and under no restraint that I know of. A.F. Vatter. Subscribed and sworn to this 25th day of September A.D. 1876 before me J.F.M. Davie, Surrogate. Cayuga County; ss: Fayette G. Day of the city of Auburn in Cayuga County being duly sworn. In the matter of the proof and probate of the last Will and Testament of Edward Bier, deceased, I say: I was present where a certain instrument in writing was here shown to me bearing date the 8th day of April A.D. 1876 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 was in all respects capable to make and publish a last Will and Testament and to devise real estate that he was of full age and under no restraint that I know of. I decree said will and the same is now in all respects in same condition as the time of the execution thereof by the deceased. F.G. Day, Subscribed and sworn o the 25th day of September A.D. 1876 before me J.F.M. Davie, Surrogate. Cayuga County; ss: Recorded the preceding last will and Testament of real and personal estate of Edward Bair, late of the City of Auburn, Deceased together with the proofs taken in the court of the Surrogate of the county of Cayuga relating to said last will and testament and proofs thereof, be adjudged to be a valid will of real and personal estate and the record is hereby signed and certified by __ ______ to the provisions of the Revised _______ the 25th day of September A.D. 1876. J.F.M. Davie, Surrogate