Chenango County NyArchives Wills.....Collar, Frances E December 2, 1922 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jan Myers janmy3rs@yahoo.com and Andrew Myers amyers1966@gmail.com April 17, 2008, 7:26 pm Source: Chenango County Surrogate Court, Norwich, Chenango County, New York, Index To Wills And Proceedings 1798-1937, Page 69, File Number 8642 Written: December 2, 1922 Last Will and Testament I, Frances E. Collar of the village of New Berlin, in the County of Chenango and State of New York, being of sound mind and memory, do make, publish and declare this my last Will and Testament, in manner following, that is to say… First.-I direct that all my just debts and funeral expenses be paid. Second-I give, bequeath and devise all my property, real and personal, of every name and nature and wherever the same may be, to my husband, Leonard D. Collar, absolutely and forever. Lastly, I hereby appoint said Leonard D. Collar 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 the 2nd. Day of December in the year One thousand nine hundred and twenty-two. Frances E Collar We, whose names are hereto subscribed, Do Certify that on the 2nd day of December, 1922, Frances E. Collar, the testatrix, subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be her last Will and Testament, and requested us and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testatrix and of each other, on the said date, and write opposite our names our respective places of residence. Anna G Morse residing at New Berlin, NY Arthur W Morse residing at New Berlin, NY Petition for Probate of Will Surrogate’s Court—County of Chenango: In the Matter of the Petition of Leonard D. Collar For Probate of the Last Will and Testament of Frances E. Collar, Deceased To the Surrogate’s Court of the County of Chenango: The Petition of Leonard D. Collar of the village of New Berlin, County of Chenango and State of New York, respectfully shows: That Frances E. Collar, late of the village of New Berlin, County of Chenango, died on the 15th day of October, 1924, at the village of New Berlin in the County of Chenango, and State of New York, leaving a Last Will and Testament dated the 2nd day of December, 1922, which Will is signed at the end thereof, by the said Testatrix and also by Anna G. Morse and Arthur W. Morse, as subscribing witnesses thereto. That the said decedent was at the time of her death a resident of the village of New Berlin, County of Chenango and State of New York. That your petitioner is the sole, Executor named in said Will. That the said Will relates to both real and personal property and the value of the real property does not exceed the sum of Two Thousand Five Hundred dollars, and the value of the personal property does not exceed the sum of Two Hundred dollars as your petitioner is informed and believes. That said decedent left her, surviving said Leonard D. Collar her husband, who resides at New Berlin in the State of New York. That your petitioner is informed and believes the following named persons are the only heirs at law and next of kin of said decedent, and their degree of relationship to said decedent, and their respective places of residence and postoffice addresses are as set opposite their names respectively, as follows: Names Relationship residence and Postoffice Address Metta B. Barnes a Niece residing at Battle Creek, Michigan. Lois Gaskill a Niece residing at Kalamazoo, Michigan. Ray Lindsay a Nephew, if living and if not living, his descendants, if any, none of whose names, parts of names, places of residence or postoffice addresses are known to the petitioner and cannot with due diligence and after diligent inquiry for that purpose, be ascertained. The said Ray Lindsay disappeared several years ago and has not been heard from since. He is alleged to have committed several crimes shortly before he disappeared. The source of your petitioner’s information and grounds of his belief as the places of residence and post office addresses of said Metta B. Barnes and Lois Gaskill are a letter from said Metta B. Barnes written by her in response to an inquiry for such information stating the facts as above alleged, which letter is dated November 24, 1924. Your petitioner has inquired of Ella Lindsay of New Berlin, N. Y., the mother of said Lindsay concerning the said Ray Lindsay and she infomed him that she did not know whether or not he was living, that she had not heard from in several years and if dead, whether or not he left any widow or descendants. That he was never married to her knowledge. That the following named persons are the only persons named in said Will as legatees, devisees, or beneficiaries and are all the persons in being who take an interest in the real or personal property of said decedent under said Will, as your petitioner is informed and believes; and their relationship to said decedent and their respective places of residence and postoffice addresses are as set opposite their names respectively as follows: Names Relationship Residence and Postoffice Address Said Leonard D. Collar a legatee and devisee residing at New Berlin, N. Y. That the Exectutors, Trustees and Testamentary Guardians named or described in said Will, and their respective places of residence and postoffice addresses are as follows: Said Leonard D. Collar, Executor residing at New Berlin, N. Y. That as your petitioner is informed and believes, all of the foregoing named persons are of full age and sound mind. That no persons other than those above mentioned are interested in this application or proceeding. The said Metta B. Barnes and Lois Gaskill are the daughter of Elizabeth Lindsay Pope, a deceased sister of the testatrix. The said Ray Lindsay was the son of Alvin Lindsay, a deceased brother of the testatrix. The said persons of who inquiries were made concerning the said non-residents and unknown persons were the persons most likely to know about the matters in question and your petitioner believes the said statements made to him to be true. That no pervious petition or application for the probate of said Will, or for the granting of letters testamentary or of administration of personal property of said decedent has been filed with or presented to any Court, to the knowledge or belief of your petitioner….. Wherefore your petitioner prays that the said last Will and Testament may be proved, and letters testamentary granted thereon in accordance with law, and to that the above named heirs at law and next of kin may be cited to show cause why said last Will and Testament should not be admitted to probate. And your petitioner further prays for an order directing service of citation herein without the State of New York or by publication upon the person named herein as non-residents, or who, or whose residence, are unknown, and upon the persons named herein as residents who it is shown cannot be served within the State of New York. That your petitioner have such other or further order or decree as may be proper. Dated November 29, 1924 Leonard D Collar County of Chenango, ss; Leonard D. Collar, being duly sworn, say he is the petitioner named in the foregoing petition; that he has heard the same read, knows the contents thereof and the same is true to his own knowledge except as to those matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. Subscribed and sworn to before me, this Leonard D. Collar 29th day of November, 1924, Arthur W Morse Notary Public Chenango Co. N. Y. County of Chenango, ss; I, Leonard D. Collar, Executor, name in the last Will and Testament of Frances E. Collar, late of New Berlin, New York deceased, do solemnly swear that I am a resident of, New Berlin, in the State of New York, and over twenty-one years of age, and that I will well, faithfully and honestly discharge the duties of the offie of Executor of the said last Will and Testament, according to law. Subscribed and sworn to before me, this Leonard D. Collar 29th day of November, 1924, Arthur W Morse Notary Public Chenango Co. N. Y. File at: http://files.usgwarchives.org/ny/chenango/wills/collar683gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.1 Kb