Chenango County ,Norwich NyArchives Wills.....Simons, Elisha A July 16, 1883
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Gary Simons gsimons@bellsouth.net May 25, 2012, 4:07 pm

Source: Sampubco
Written: July 16, 1883
Recorded: July 16, 1883

At a Surrogate’s Court, held at the village of Norwich, in and for the County of 
Chenango, on the 16 day of July 1883
					Present, Hon. W. F. Jenks, Surrogate
In the matter of Proving the Last Will and Testament of Elisha A. Simons.
On the day, and at the place aforesaid, J Burdette Simons Executor named in the 
last will and testament of the said Elishia A Simons, deceased, appeared before 
the said Count Judge, acting as Surrogate, and offered the said last Will and 
Testament for proof and probate as a Will of real and personal estate; and no 
one appeared to oppose such proof and probate, thereupon, the Executor produced 
satisfactory proof of the due service of Citation heretofore issued in this 
matter, requiring the Widow and heirs at law and next of kin to the said 
deceased, to attend such proof and probate on the day as follows:  Ann Mary A. 
Curtis daughter and on Abigail D. Simons widow at New Berlin, Chenango Co, NY, 
June 6th 1883 which appears by their admission of **** in  ***** ***** 
acknowledged.
And thereupon, the said Executor offered the following proof of the execution of 
the said last Will and Testament, by the subscribing witnesses thereto, to wit:
Chenango County SS.  Wm. Henry Jacox of the town of New Berlin, in said Count, 
being duly sworn and examined before W. F. Jenks, County Judge of said County, 
acting as Surrogate thereof, doth depose and say that he was well acquainted 
with Elisha A. Simons, now deceased; that he was present as a witness, and did 
see the said Elisha A. Simons scribe his name at the end of the instrument in 
writing, now produced and shown to this deponent, paring the date 7th day of 
April in the year one thousand eight hundred and eighty three purporting to be 
the last Will and Testament of the said Elisha A. Simons, deceased; that the 
said Elisha A. Simons at the time of making such subscription, declared the said 
instrument to be his last Will and Testament, and requested this deponent to 
sign his name as a witness thereto that thereupon this deponent accordingly did 
sign his name, as a witness at the end of the said instrument.  This deponent 
further says, that the said Elisha A. Simons at the time he so executed the said 
instrument was a citizen of the United States of full age, of sound mind and 
memory, in all respects competent to devise real estate, and not under any 
restraint, and that this deponent saw Etlie(???) Simons, the other subscribing 
witness to said instrument, sign the said instrument at the end thereof, as a 
witness, in the presence of the said Elisha A. Simons and at his request.

Subscribed and sworn to before me, the 16 day of Juen (sic) 1883	Wm Henry 
Jacox (sig)
	W. F. Jenks Surrogate
Chenango County SS.  Ettie of the town of New Berlin, in said Count, being duly 
sworn and examined before W. F. Jenks, County Judge of said County, acting as 
Surrogate thereof, doth depose and say that she was well acquainted with Elisha 
A. Simons, now deceased; that she was present as a witness, and did see the said 
Elisha A. Simons scribe his name at the end of the instrument in writing, now 
produced and shown to this deponent, paring the date 7th day of April in the 
year one thousand eight hundred and eighty three purporting to be the last Will 
and Testament of the said Elisha A. Simons, deceased; that the said Elisha A. 
Simons at the time of making such subscription, declared the said instrument to 
be his last Will and Testament, and requested this deponent to sign his name as 
a witness thereto that thereupon this deponent accordingly did sign his name, as 
a witness at the end of the said instrument.  This deponent further says, that 
the said Elisha A. Simons at the time he so executed the said instrument was a 
citizen of the United States of full age, of sound mind and memory, in all 
respects competent to devise real estate, and not under any restraint, and that 
this deponent saw Wm Henry Jacox, the other subscribing witness to said 
instrument, sign the said instrument at the end thereof, as a witness, in the 
presence of the said Elisha A. Simons and at his request.

Subscribed and sworn to before me, the 16 day of July 1883	Ettie Simons 
(sig)
	W. F. Jenks Surrogate
The Forgoing Proofs and Examinations were taken by and before me, the said 
county Judge, acting as Surrogate aforesaid, at my office in the town of 
Norwich, in the County of Chenango aforesaid, on the 16 day of July A. D., 1883 
and the depositions of Wm Henry Jacox and Ettie Simons the only subscribing 
witnesses to the said instrument, were by them respectively subscribed, after 
having read over to them; and I, the said County Judge, acting as Surrogate as 
aforesaid, being satisfied upon the proof taken before me, as aforesaid, that 
lawful services of the Citation heretofore issued in this matter to attend the 
proving of the last Will and Testament, before me on this day, has been made on 
the widow and the heirs at law and next of kin to the said Elisha A. Simons, 
deceased; that the said Will was duly executed; that the said testator at the 
time of executing the same, was in all respects competent to devise real estate 
and personal estate, and not under restraint.  And the proof and probate of said 
will not having been contested, I the said County Judge acting as Surrogate, as 
aforesaid, being satisfied of the genuineness and validity of such Will, do 
adjudge and decree, by virtue of the power and authority in me vested by law, 
that the said last Will and Testament was duly executed, and is a valid Will; 
and do further order and decree, that the said last Will and Testament and the 
proofs and examinations taken in respect to the same, be recorded; and that the 
said last Will and Testament be, and the same hereby is to probate and 
established as a Will of personal estate.
W. F. Jenks Surrogate
In the name of God Amen I Elisha A. Simons of the town of New Berlin, County of 
Chenango and State of New York of the age of sixty eight years and upwards and 
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.  As all of my real estate has been heretofore disposed of and also my 
life insurance policy as therein directed to be paid, my mind is that what 
little personal property I may have left at my decease and after the payment of 
all my just debts including care and board fill at my son J. Burdette Simons at 
his residence in South New Berlin or otherwise and also of funeral Charges and 
burial expenses of providing a suitable monument but my mind and advice is that 
no extravagance or foolish expense be made in my funeral services of anything 
pertaining thereto and the remainder of my personal estate if any remain after 
the above is fulfilled my mind and will is and I hereby give in three shares as 
follows to my daughter Mary Andella Curtis one third thereof, to my grandchild 
Edwin Earl Simons one third and to my grandson Arthur B. Simons one third the 
same to be equally divided between the three last above named within one year 
after my deceased.
And I move further say that as the most of my personal estate is in a flock of 
dairy cows thirty four in number.  Which said stock belong to me and the 
necessary charges necessary to be made to keep them good are expected to remain 
on the premise now occupied by John Pomderln in the town of Norwich during my 
life time together with good hay on the premises sufficient to keep the 34 cows 
and a span of horses out in grass in the spring of any and every year during my 
natural life and in case of my decease occur at any time before the lease of 
time expires that the tenant is to remain until the spring of the year when his 
lease expires and then my mind is as to the thirty four cows and the hay of a 
sufficient quantity to keep them and a span of horses to grass should remain on 
the farm and in case my son J Burdette Simons chooses to purchase the said 
property he can have that privilege by paying the sum of one thousand and five 
hundred dollars into the estate but must decide in a reasonable time and in case 
he decides and does take said cows and hay he must pay to Anibella  Whatever way 
be caring to her if any within one year after such sale.  
And lastly I do herein appoint my son J Burdett Simons and Jesse Hunt Executors 
of this my last will and Testament hereby revoking all former Wills by me made.
In witness whereof I ***** hereunto let my hand and seal this seventh day of 
April in the year 1883.
				Elisha A. Simons (S. S.)

In the presence of the undersigned the within ** statement was at the date 
thereof signed sealed published and declared by the said Elisha A. Simons as and 
for his last Will and Testament  Who at his request and in his presence and in 
the presence of each other have subscribed our names as witnesses hereunto.
Wm. Henry Jacox, New Berlin, Chenango Co N.Y.
Ettie Simons   New Berlin Chenango Co N.Y. 
Chenango County ss:  I hereby certify that the forgoing is a correct record of 
the last will and Testament of Elisha A. Simons deceased and of the proofs 
thereof and that said will and proofs have been duly recorded this 16th day of 
July 1883
W. F Jenks Surrogate

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