WILL: Betsey Hurlburt; Oxford, Chenango co., NY surname: Hurlburt, Hackett submitted by Anthony D'Agostino (dagosti @ attglobal.net) ************************************************************************ 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 photocopy by Anthony D'Agostino Chenango Co NY Will Book Vol. W page 195 At a Surrogate's Court, held at the village of Norwich, in and for the County of Chenango, on the 13 day of February 1882 Present, Hon. W. F. Jenks, surrogate. ------------------------------------------------------------------ In the matter of Proving the Last Will and Testament OF Betsey Hurlburt Deceased, ------------------------------------------------------------------ On the Day, and at the place aforesaid, Daniel Marshman Executor named in the last Will and Testament of the said Betsey Hurlburt deceased, appeared before the said County 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 said Executor produced satisfactory proof, by affidavit, of the due service of the Citation heretofore issued in this matter, requiring the [?] heirs at law and next of kin to the said deceased, to attend such proof and probate on this day, as follows: personally on Sylvester Hurlburt and Lucia Hackett Dec 5, 1881 on Lucius Hurlburt Dec 12, 1881 and by publication in the Chenango American and the Oxford Times for six weeks once each successive week and by duly mailing a copy thereof to all [uou?] residents of this state. And thereupon the said Executor offered the following proof of the said last Will and Testament, by the subscribing witnesses thereto, to wit: Chenanto County, ss. Solomon Bundy of the town of Oxford, in the said County, 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 acquanted with Betsey Hurlburt, now deceased; that he was present as a witness and did see the said Betsey Hurlburt subscribe her name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 17th day of June in the year one thousand eight hundred and seventy six purporting to be the last Will and Testament of the said Betsey Hurlburt, deceased; that the said Betsey Hurlburt, at the time of making such subscription, declared the said instrument to be her 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 Betsey Hurlburt at the time she so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competant to devise real estate, and not under any restraint, and that this deponent saw S. S. Stafford, the other subscribing witness to said instrument, sign the said instrument at the end thereof, as a witness, in the presence of the said Betsey Hurlburt and at her request. SUBSCRIBED AND SWORN TO BEFORE ME, THE 13 DAY OF FEBRY 1882 } Solomon Bundy W. F. Jenks Surrogat. CHENANGO COUNTY, SS. S. S. Stafford of the town of Oxford, in the said County, 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 Betsey Hurlburt, now deceased; that he was present as a witness and did see the said Betsey Hurlburt subscribe her name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 17 day of June in the year one thousand eight hundred and seventy six purporting to be the last Will and Testament of the said Betsey Hurlburt, deceased; that the said Betsey Hurlburt, at the time of making such subscription, declared the said instrument to be her 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 Betsey Hurlburt at the time she so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competant to devise real estate, and not under any restraint, and that this deponent saw Solomon Bundy, the other subscribing witness to said instrument, sign the said instrument at the end thereof, as a witness, in the presence of the said Betsey Hurlburt and at her request. SUBSCRIBED AND SWORN TO BEFORE ME, THE } 13 DAY OF FEBRUARY 1882 S. S. Stafford W. F. Jenks Surrogat. Chenanto County, ss. J. H. Hackett of the town of Oxford in the said County, 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 acquanted with Betsey Hurlburt, now deceased; that he was present as a witness, and did see the said Betsey Hurlburt subscribe her name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 17day of October, in the year one thousand eight hundred and eighty one purporting to be a codicil to the last Will and Testament of the said Betsey Hurlburt deceased; that the said Betsey Hurlburt, at the time of making such subscription, declared the said instrument to be a codicil to her 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 Betsey Hurlburt at the time she so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competant to devise real estate, and not under any restraint, and that this deponent saw William Lawton, the other subscribing witness to said instrument, sign the said instrument at the end thereof, as a witness, in the presence of the said Betsey Hurlburt, and at her request. SUBSCRIBED AND SWORN TO BEFORE ME, THE } 13 DAY OF FEBRUARY 1882 } J. H. Hackett W. F. Jenks Surrogat. The Foregoing 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 13 day of February A. D., 1882 and the depositions of Solomon Bundy S. S. Stafford J. H. Hackett and William Lawton the only subscribing witnesses to the said instruments were by them respectively subscribed, after having been carefully 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 service of the Citation heretofore issued in this matter, to attend the proving of the last Will and Testament + Codicil before me, on this day, has been made on all the heirs at law and next of kin to the said Betsey Hurlburt, deceased; that the said Will + Codicil were duly executed; that the said testatrix at the time of executing the same, was in all respects cometent to devise real estate and personal estate, and not under restraint. And 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 + Codicil was duly executed, and is a valid Will; and do further order and decree, that the said last Will and Testament + Codicil and the proofs and examinations taken in respect to the same, be recorded; and that the said last Will and Testament + Codicil be, and the same hereby is admitted to probate and established as a Will of real and personal estate. W. F. Jenks Surrogate. And, thereupon, the said Execut offered the following proof of the execution of the said last Will and Testament, by the subscribing witnesses thereto, to wit: Chenango County, ss: William Lawton of the town of Oxford in the said County, 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 Betsey Hurlburt, now deceased; that he was present as a witness, and did see the said Betsey Hurlburt subscribe her name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 17 day of October in the year one thousand eight hundred and eighty one purporting to be a Codicil to the last Will and Testament of the said Betsey Hurlburt deceased; that the said Betsey Hurlburt, at the time of making such subscription, declared the said instrument to be a Codicil to her 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 Betsey Hurlburt at the time she so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competant to devise real estate, and not under any restraint, and that this deponent saw J. H. Hackett, the other subscribing witness to said instrument, sign the said instrument at the end thereof, as a witness, in the presence of the said Betsey Hurlburt , and at her request. SUBSCRIBED AND SWORN TO BEFORE ME, THE } 13 DAY OF FEBRUARY 1882 } William Lawton The Foregoing 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 13 day of February A. D., 1882 and the depositions of Solomon Bundy S. S. Stafford J. H. Hackett and William Lawton the only subscribing witnesses to the said instruments were by them respectively subscribed, after having been carefully 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 service of the Citation heretofore issued in this matter, to attend the proving of the last Will and Testament + Codicil before me, on this day, has been made on all the heirs at law and next of kin to the said Betsey Hurlburt, deceased; that the said Will + Codicil were duly executed; that the said testatrix at the time of executing the same, was in all respects cometent to devise real estate and personal estate, and not under restraint. And 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 + Codicil was duly executed, and is a valid Will; and do further order and decree, that the said last Will and Testament + Codicil and the proofs and examinations taken in respect to the same, be recorded; and that the said last Will and Testament + Codicil be, and the same hereby is admitted to probate and established as a Will of real and personal estate. W. F. Jenks Surrogate. I Betsey Hurlburt of Oxford, N.Y. being of sound mind and memory and considering the uncertainty of life do therefore make ordain publish and declare this to be my last Will and Testament; First. After all my lawful debts and funeral expenses are paid and suitable grave stones to cost not less than seventy five dollars shall be erected at my grave. I give devise and bequeath to my daughter Lucia Hackett my house and about one acre of land where I now live to be used and enjoyed by her during her natural life and at her death I give devise and bequeath the same to the lawful heirs of the said Lucia Hackett. Second. All the rest of my property after satisfying the above provisions of my Will I give devise and bequeath to my said daughter Lucia Hackett and to her heirs. Likewise I make constitute and appoint my friend and good neighbor William Haight to be the executor of this Will hereby revoking all former Wills by me made In witness whereof I have hereunto set my hand and seal the 17th day of June 1876 Betsey her x Hurlburt [LS] In presence of Solomon Bundy of Oxford NY{ S.S. Stafford of Oxford N.Y. { The above written instrument was subscribed by the said Betsey Hurlburt in our presence and acknowledged by her to each of us and she at the same time declared the above instrument so subscribed to be her last Will and Testament and we at her request have signed our names as witnesses hereto and written opposite our names our respective places of residence. Salomon Budy of Oxford N.Y. { S. S. Stafford of Oxford N.Y. { I Betsey Hurlburt of Oxford N.Y. being desirous of making a change in my fore going Will and in consideration of the fact that William Haight is dead do therefore make declare and publish this as a codicil to the fore going Will.First. My Executor herein after named shall not be at liberty to pay to exceed thirty to thirty five dollars for grave stones at my grave. Likewise I make constitute and appoint Daniel Marshman of Oxford N.Y. to be Executor of my Will hereby ratifying and confirming my Will in all respects except as changed by this codicil In witness whereof I have hereunto set my hand and seal October 17, 1881 Betsey her x mark Hurlburt [LS] witnesses to mark J.H. Hackett { W. Lawton { The fore going codicil was subscribed by the said Betsey Hurlburt in our presence and acknowledged by her to each of us and she at the same time declared the same to be a codicil to her last Will and declared and affirmed said Will and codicil to be her last Will and Testament and we at her request in her presence and in the presence of each other have signed our names hereto as witnesses and written opposite our names our respective places of residence J.H. Hackett of OxfordWilliam Lawton of Oxford Chenango County SS: I hereby certify that the foregoing is a correct record of the last Will and Testament of Betsey Hurlburt and of the Codicil thereto and of the proofs thereof and that said Will and proofs have been duly recorded this 13th day of February 1882 W.F. Jenks Surrogate