WILL: James Wilson; Peru, Franklin, New York

submitted by Kelly Kahlau (kel.kahlau at gmail.com)
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Source: SAMPUBCO.com
Clinton co NY Will Book Vol. F page 312
Written: 4 Aug 1857
Probated: 4 Oct 1865

Transcribed from SAMPUBCO photocopy by Kelly Kahlau
Surnames: Wilson, Adgate, Holland, Stratton, Bridges, Bragg, Hoag, Keenan,
Annis, Hinds, Foy


Will of James Wilson

     Be it remembered that on the 4th day of October one thousand eight
hundred and sixty five George Adgate one of the Executors named in the last
will and testament of James Wilson late of Peru deceased appeared in open
court before the surrogate of the County of Clinton and made application than
the said will, which relates to both real and personal estate, proved, and on
such application the surrogate did ascertain by satisfactory evidences who
were the heirs and next of kin of the said deceased and their respective
places of residence. 

And that the said deceased left no widow heir surviving, and the said
surrogate did therefore issue a citation in due form of law directed to the
said heirs and next of kin stating their names and their respective places of
residence requiring them to appear before the said surrogate at his office in
the courthouse in the village of Plattsburgh on the 27th day of November then
next to attend the probate of said will, and afterwards wait on the said 27th
day of November satisfactory evidence was produced and presented to the said
surrogate of the due service of the said citation in the mode prescribed by
law, and on the same day the said Executor having appeared in support of the
said will, and no one appearing to oppose such proceedings were then open had
that upon said last mentioned day and upon the Eleventh day of January one
thousand eight hundred and sixty six to which day the proceedings in the
matter of proving said will were duly adjourned, the said surrogate took the
proof of the said will herein after set forth and upon the said last mentioned
day, to wit the Eleventh day of January one thousand eight hundred and sixty
six he did adjudge the said will to be a valid 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
I James Wilson of the Town of Peru in the County of Clinton and State of New
York Former do hereby make and publish this my last Will and Testament.

I bequeath to my daughter Elizabeth Holland wife of Francis Holland of the
town of Peru in the County of Clinton and Ann Stratton wife of John Stratton
of the town of Chazy in the County of Clinton and State of New York aforesaid
share & share alike of all my Household Furniture which I may be possessed of
at the time of my death. 

I give and bequeath to my daughter Sarah Bridges wife of Lyman Bridges of the
town of Plattsburgh  County of Clinton and State of New York one sixth part of
all the real estate and personal property which I may be possessed of at the
time of my death except the Household furniture aforesaid. 

I give and bequeath to my daughter Mary Bragg wife of Alvin Bragg of the town
of Peru in the County of Clinton one sixth part of all the real estate and
personal property which I may be possessed of at the time of my death except
the Household furniture above specified.

I give devise and bequeath to my daughter Elizabeth Holland wife of Francis
Holland of the town of Peru in the County of Clinton and State aforesaid one
sixth of all my real estate and personal property which I may own and be
possessed of at my decease in addition in to the one half of the Household
furniture aforesaid.     

I give devise and bequeath to my daughter Anna Stratton wife of John Stratton
of the town of Chazy in the County of Clinton and state aforesaid one sixth
part of all the real estate and personal property which I may own and be
possessed of at the time of my death in addition to the one half of the
Household furniture as aforesaid. 

I give devise and bequeath to my son John B. Wilson of the town of Peru in the
County of Clinton and State of New York one sixth of all my real estate and
personal property which I may have and acquire up to the time of my death
except the Household furniture aforesaid. 

I give devise & bequeath to my son William Wilson of the town of Peru in the
County of Clinton and State of New York one sixth part of all my real estate
and personal property which I may have at the time of my decease except the
Household property of furniture aforesaid.  

I hearby nominate and appoint George Adgate of the town of Ausable in the
County of Clinton and State of New York my sole executor of this my last will
and testament. 

I hearby revoke and annul any written wills here before executed by me. 

I hearby direct and desire that the above mentioned one sixth part of all my
real estate and personal property which I may have at the time of my death and
which I have disposed of as aforesaid to the said Sarah Bridges, Mary Bragg,
Elizabeth Holland, Anna Stratton, John B. Wilson and William Wilson shall go
them and their heirs forever. 

In witness where of I have hereunto set my hand and affixed my seal this 4th
day of August A.D. 1857
                                   James Wilson  (seal)
Witness Richard Hoag Keeseville Essex Co. N.Y.
     John Keenan  Keeseville Essex County N.Y.

Subscribed by James Wilson the testator named in the foregoing will in our
presence and at the time of making such subscription declared by the testator
to be his last will and testament and each of us signs his name as a witness
at the end of the will at the request of the testator and in his presence and
that the foregoing instrument or will consisted of one sheet and one fourth of
a sheet of paper and that the same was executed at the date it purports to be
Richard Hoag Keeseville Essex Co. NY
John Keenan   Keeseville Essex County NY

Whereas I James Wilson of the town of Peru in the County of Clinton and State
of New York have made my last will and testament in writing bearing date of
the Fourth day of August in the year of our Lord One Thousand Eight hundred
and Fifty Seven in and by which I have given and bequeathed to my son John B.
Wilson and Sarah Bridges as follows to wit.

To my son John B. Wilson of the town of Peru County of Clinton and State of
New York one sixth part of all my real estate and personal property which I
may be possessed of at the time of my death except the Household furniture
aforesaid. 

To my daughter Sarah Bridges of the town of Plattsburgh County of Clinton and
State of New York one sixth part of all my real estate and personal property
for which I may be possessed of at the time of my death except the household
furniture aforesaid. 

Now therefore I do by this my writing which I hereby declare to be a codicil
to my said last will and testament and to be taken as a part thereof order and
declare that my will is that out of the devise I bequeath which I have made to
my said son John B. Wilson and which is above set forth that my Executors or
the Executor of this my last will and testament and this my Codicil thereto
pay to Mary Jane Annis and George Annis children of my daughter Martha Annis
now deceased the sum of One Hundred Dollars each and out of the devise and
bequest which I have heretofore made to my daughter Sarah Bridges that the
Executors of my last will and testament and this my Codicil thereto pay to
Elizabeth Hinds wife of Robert Hinds now of the town of Plattsburgh County of
Clinton and State of New York One Hundred Dollars and that said devise and
bequest to my son John B. Wilson and Sarah Bridges less the sum of aforesaid
which I have by this my Codicil bequeathed to the said Mary Jane Annis George
Annis and Elizabeth Hinds shall be in full of the aforesaid devise and
bequest. 

I also hereby nominate and appoint George Adgate of the town of Ausable and
Francis Holland of the town of Peru both of the County of Clinton and State of
New York the Executors of my last will and testament and this my Codicil
thereto. 

And lastly it is my desire that this Codicil be annexed to and made a part of
my last will and testament as aforesaid to all intents and purposed. 

In witness whereof I have hereunto set my hand and seal this seventh (7) day
of October One Thousand Eight Hundred and Sixty One    
                                        James Wilson
                                        (seal)


The above instrument consisting of two leave and one twelfth of a leaf of
paper was at the date thereof signed sealed published and declared by the said
James Wilson as and for a codicil to his last will and testament in presence
of us who at his request and in his presence and in the presence of each other
have subscribed our names as witnesses thereto and we and each of us do
certify that the words "a codicil to" in the fifth line from the commencement
of this attestation clause was inserted before signing and witnessing this
codicil. 
     Patrick Foy Keeseville Clinton County
     John Keenan Chesterfield Essex County

Proofs

Surrogates Court County of Clinton NY   
In the matter of Proving the            
last Will and Testament  
Examination of Witnesses sworn and 
examined before Peter S. Palmer
Surrogate of Clinton County   
James Wilson   deceased            
Clinton County ss John Keenan of Keeseville in Essex County being first sworn
in open Court his oath doth depose and say that he is one of the subscribing
witnesses to the last Will and Testament of James Wilson late of the town of
Peru in the County of Clinton deceased. And the deponent further says that the
said deceased did in the presence of the deponent and in the presence of
Richard Hoag the other attesting witness subscribe his name at the end of the
instrument which is now here shown to deponent and offered for probate and
purporting to be his last will and testament and which bears date the 4th day
of August One Thousand Eight Hundred and Fifty Seven. That the said deceased
at the time of subscribing his name to the said instrument did declare the
same to be his last Will and Testament that this deponent did thereon
subscribe his name at the end of said instrument as attesting witness to the
execution thereof at the request of said deceased in his presence & in the
presence of Richard Hoag the other attesting witness. That the said deceased
at the time of so subscribing his name was a Citizen of the United States
upwards of twenty one years of age. That he appeared to be of sound mind
memory and understanding and was not under restraint to the knowledge of
belief of this deponent.           John Keenan
Sworn subscribed & taken this 27 day of November 1865
Before me
Peter S. Palmer  Surrogate

Clinton County ss Richard Hoag of Keeseville in said County being first sworn
in open Court on his oath doth depose and say that he is one of the
subscribing witnesses to the last Will and Testament of James Wilson late of
the town of Peru in the County of Clinton deceased. And the deponent further
says that the said deceased did in the presence of the deponent and in the
presence of John Keenan the other attesting witness subscribe his name at the
end of the instrument which is now here shown to the deponent and offered for
probate and purporting to be his last Will and Testament and which bears date
on the 4th day of August one thousand eight hundred and fifty seven. That the
said deceased at the time of so subscribing his name to the said instrument
did declare the same to be his last will and testament that this deponent did
thereon subscribe his name at the end of said instrument as attesting witness
to the execution thereof at the request of said deceased in his presence and
in the presence of John Keenan the other attesting witness. That the said
deceased at the time of so subscribing his name was a citizen of the United
States upwards of the age of twenty one years. That he appeared to be of sound
mind memory and understanding and was not under restraint to the knowledge or
belief of this deponent.
Richard Hoag
Sworn subscribed and taken
this 11th day of January 1866
Before me
Peter S. Palmer  Surrogate

Clinton County ss John Keenan of Essex County and Patrick Foy of Keeseville in
said County being first sworn in open Court on their oath do depose and say
that they are subscribing witnesses to the codicil annexed to the last will
and testament of James Wilson late of the town of Peru in the County of
Clinton deceased. And these deponents further say that the said deceased did
in the presence of these deponents subscribe his name at the end of the
instrument which is now shown to these deponents and offered for probate and
purporting to be the codicil to the last will and Testament of said deceased
and which bears date on the 7th day of October one thousand eight hundred and
sixty one. That the said deceased at the time of subscribing his name to the
said instrument did declare the same to be a Codicil to his last will and
testament, that these deponents did thereon subscribe their names at the end
of said instrument as attesting witnesses to the execution thereof at the
request of 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 was a
citizen of the United States upwards of the age of twenty one years; that he
appeared to be of sound mind memory and understanding and was not under
restraint to the knowledge and beliefs of these deponents.
John Keenan
Patrick Foy
Sworn subscribed & taken this 27
day of November 1865 Before me
in Open Court
Peter S. Palmer  Surrogate

Clinton County ss: In appearing upon the proofs duly taken in respect to the
last will and testament of James Wilson late of Peru deceased that the said
will was duly executed and that the said James Wilson at the time he executed
the same was in all respects competent to devise real estate and not under
restraint, the said last will and testament and the said proofs and
examinations are hereby recorded signed and certified by me this Eleventh day
of January one thousand Eight Hundred and Sixty Six pursuant to the provisions
of the Revised Statutes. 
Peter S. Palmer
Surrogate