WILL: John B. L. Bailey; Plattsburgh, Clinton co., NY surname: Bailey submitted by Richard Couch (beaucouc @ up.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: September 13, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.7 Kb ************************************************ Source: Transcribed from SAMPUBCO by Richard Allen Couch Clinton County Ny Wills Vol. G, Pg. 103 Written: July 23 1867 Probated: 18 Sep 1867 WILL OF JOHN B. L. BAILEY WILL BOOK Be it remembered that on the nineteenth day of August in the Year of Our Lord One Thousand Eight Hundred and sixty seven personally appeared in Open Court before the Surrogate of the County of Clinton Damien Laforce and Lawrence Chabot the Executors named in the last will and testament of John B.L. Bailey late of Plattsburg deceased and made application to have the said last will & testament which relates to both real and personal Estate proved and on such application the surrogate did ascertain by satisfactory evidence who were the widow heirs & next of kin of the said deceased and their respective places of residence and he did then __?__ issue a Citation in due form of law directed to the said widow heirs & next of kin by their respective names stating their respective places of residence and requiring them personally to appear before the said surrogate on the ninth day of September then next to attend the probate of said will and afterwards to wit on the said ninth day of September satisfactory evidence was presented of the due __?__ of said Citation in the mode presented by Statute and the said Executors as well as the widow and all of the next of kin and heirs after said testator having in person appeared before the said surrogate and also the special guardian of such of the said Heirs & next of kin as are minors duly appointed to take care of the interests of said minors in the matter of proving said will, the surrogate proceeded to take the proof of the will here after set forth and on the Eighteenth day of September One Thousand and Eight Hundred and Sixty seven he adjudged the same to be a valid will of real and personal Estate and other proofs thereof to be sufficient which said last will and testament and proofs are as follows that is to say: WILL In the name of God. Amen. I John B.L. Bailey of Plattsburg in the County of Clinton and State of New York being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last will and testament, That is to say: First after all my lawful debts are paid and discharged I give and bequeath to my beloved wife Esther Bailey absolutely all my property real and personal of whatever kind or nature whatsoever to be by her used or disposed of for the support of herself and my children in such manner as to her may seem best, hereby investing her with absolute control thereof likewise I make constitute and appoint Lawrence Chabot and Damien Laforce to be executors of this my last will and testament, hereby revoking all former wills by me made. In witness whereof I have hereunto subscribe my name and affixed my seal the 23d day of July in the year of Our Lord One Thousand Eight Hundred and Sixty seven /s/ J.B.L. BAILEY (LS) The above written instrument was subscribed by the said John B.L. Bailey in our presence and acknowledged by him to each of us: and he at the same time declared the above instrument so subscribed to be his last will and testament; and we at his request have signed our names as witnesses hereto, and written opposite our name our respective places of residence D. A. Dickinson of Plattsburg Clinton Co. New York C.F.M. Sallaz(?) of Plattsburg Clinton Co. New York Damien Laforce of Plattsburg Clinton Co. New York PROOFS Surrogates' Court, Clinton County NY. In the Matter of proving ) the last will and testament ) John B.L. Bailey deceased ) Examination of witnesses sworn & examined before Peter S. Palmer Surrogate of Clinton County Daniel A. Dickinson and Claud F.M. Sallaz(?) of Plattsburg in Said County being first sworn in Open Court on their Oath do depose and say that they are subscribing witnesses to the last will and testament of John B.L. Bailey late of the Town of Plattsburgh 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 last will and testament of said deceased and which bears date on the 23d day of July One Thousand Eight Hundred and sixty 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 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 belief of these deponents. D.A. Dickinson C.F.M. Sallaz(?) Sworn Subscribed and taken 9th day of September 1867 Before me in open court by D.A. Dickinson & the 18th day of September by C.F.M. Sallaz (?) Peter Palmer Surrogate Clinton County ss: It appearing upon the proofs duly taken in respect to the last will and testament of John B.L. Bailey late of Plattsburgh deceased that the said will was duly executed and that the said John B.L. Bailey at the time he executed the same was in all respects competent to devise real estate and not under restraints, The said last will and testament and the said proofs and examinations are hereby recorded signed and certified by me pursuant to the provisions of the Revised Statutes this Eighteenth day Of September, One Thousand Eight Hundred and sixty seven. Peter Palmer Surrogate Additional Comments: Transcriber relation to Testator unknown 1870 US Census, Plattsburgh, Clinton Co. NY shows: Esther Bailey, age 44 b. Canada (may be widow of Testator) Didemont Bailey, age 21 b. NY Napoleon Bailey, age 14 b. Canada Henry Bailey, age 10, b. NY Samuel Bailey, age 08, b. NY