Chemung Co. New York Wills.....French, Horace C. April 18, 1904 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: David Hayt (dave at hayt.net) February 2006 Source: sampubco.com Chemung Co. Wills, Vol. 18, P.508-510 Written: January 4, 1890 Recorded: April 18, 1904 At a Surrogate's Court, Held in and for the County of Chemung, in the State of New York, at the office of the Surrogate in the City of Elmira, on he 18th day of April, 1904. In the Matter of Priving the Last Will and Testament of Horace C. French, deceased. Be it Remembered, That hereuntofore, to-wit; On the 18th day of April in the year of our Lord, one thousand nine hundred four, before the Surrogate of the County of Chemung, came Ernestine E., Sylvester B., Ernestine H. and Henry R. French, devisees in the Last Will and Testament of Horace C. French, late of the City of Elmira, in said County of Chemung, deceased, and by petition in due form, made application to have the said Last Will and Testament of Horace C. French, which relates to both real and personal property, admitted to Probate, and on such application being made, the said Surrogate duly ascertained who were widow, heirs at law and next of kin of the said Testator and entitled to notice of the time and place of proving said Last Will and Testament and found their names, relationships and respective places of residence to be as follows, to-wit: Ernestine E. French, his widow, Elmira, N. Y. Henry R. French, his son, Long Branch, N. J. Sylvester B. French, his son, Elmira, N. Y. Ernestine H. French, his daughter, Elmira, N. Y. All of whom were of full age. And it appearing that said petitioners, comprised the widow, heirs at law and next of kin of said testator, and there being no other persons entitled to a notice of said Surrogate made an order, that the witnesses in support of said will be examined forthwith. That on the 18th day of April, A. D., 1904, no one appearing to oppose the Probate of said Last Will and Testament, said Surrogate proceeded in open Court to take the proofs, of the due execution of said Will, and after taking such proofs, did thereupon adjudge the said Will to be the last Will and Testament of said Horace C. French, deceased, and as such a Will, valid to pass real and personal property, which said Last Will and Testament and proofs are as follows, to-wit: The Will Know all men by these presents that I Horace C. French of the City of Elmira, in the County of Chemung, and State of New York, being in good health, and of sound and disposing mind, and memory, do make, and publlish this my last Will & Testament, hereby revoking all former wills by me at any time heretofore made. First. I hereby constitute and appoint my wife Ernestine E. French to be sole executrix of this my last Will, directing my said executrix to pay all my just debts, and funeral expenses, and the legatees hereinafter given out of my estate. Second: After the payment of my said debts and funeral expenses, I give to my said wife, Ernestine E. French all my estate, of whatsoever kind or nature, of which I die possessed, so long as she shall remain unmarried, and my widow, with remainder thereof on her deccease, or marriage to my children, Henry Redfield French, Sylvester Beard French and Ernestine Hayt French, and their heirs, respectively, share and share alike. Third: And for the payment of the legacies aforesaid I give and devise to my said executrix all the estate owned by me at my decease. In testimony whereof I hereunto set my hand and Seal and publish and declare this to be my last Will and testament in the presence of the witnesses named below this Fourth day of January in the year A. D. Eighteen hundred and ninety. Horace C. French The above instrument, consisting of one Sheet was now here subscribed by Horace C. French, the testator in the presence of each of us; and was at the same time declated by him to be his last will and testament, And we at his request sign our names hereto as attesting witnesses. H. K. Tubbs residing at Elmira in Chemung County, New York W. E. Barber residing at Elmira inChemung County, New York. The Proofs In the Matter of Proving the Last Will and Testament of Horace C. French, deceased. Chemung County Harrison K. Tubbs of Elmira, N. Y. and Willard E. Barber of the same place being severally duly sworn in open Court, doth depose and say, that they are subscribing witnesses to the Last Will and Testament of Horace C. French, late of the City of Elmira, in the County of Chemung and State of New York, deceased. And these deponents do farther say that the said Horace C. French, deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument in writing which is now here shown to these deponents and which purports to be the Last Will and Testament of the said deceased and which bears date on the Fourth day of January, one thousand eight hundred and Ninety. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to be his Last Will and Testament, and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased at the time of so subscribing his name to said instrument as aforesaid and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and said deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased; that said deponents have now carefully examined and find that it has in no respect been changed or altered since its execution by deceased and further say not. Harrison K. Tubbs Willard E. Barber Sworn and subscribed before me, this 18th day of April, 1904. W. W. Seeley, Clerk of the Surrogate's Court. Additional Comments: Horace Chapin French (1841-1904), married Ernestine E. Redfield. Children (w. spouses): Henry R., m. Mary B.; Sylvester B., m. Cassie Sterling; Irene Estelle, died young; Ernestine H., never married.