WILL: Ezra S. Loomis; Champlain, Clinton Co., NY Submitted by Janette Ramos, October 1997. ****************************************************************** USGENWEB NOTICE: These electronic pages may not be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ****************************************************************** transcribed from the original Surrogate Court document, preserving all punctuation, spelling, & syntax by Janette Wilson Ramos, 8/23/97 Ezra S. Loomis Deceased Be it remembered that such proceedings have heretofore been had on the matter of proving the last will and testament of Ezra S. Loomis late of Champlain in the county of Clinton deceased in the Surrogate's Court of the said county of Clinton before the Surrogate of said county on the return of a citation in that matter duly served and returnable & set unto on the 28th day of April 1873, that the said Surrogate hearing obtained ________ of said matter disposed on that day to take the proofs & examination of the attesting witnesses to the said will on oath in open court & this affidavit __________ in the same day adjudge that the said Ezra S. Loomis was on the day he executed the said will competent to devise real Estate & was not under any restraint & that the said proofs _______________ were sufficient and the said will _________ will of both real & personal Estate, the said will and the said proofs are herein ________ hereby ______________ as follows - that is to say: Will In the name of God Amen: I Ezra S. Loomis of the Town of Champlain, 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 unto my beloved wife Harriet A. Loomis all my property, both real and personal of which I may be possessed at the time of my decease, to have and to hold the same to her and to hold the same to her and to her heirs forever. Likewise, I make, constitute and appoint my said wife Harriet A. Loomis to be executrix of this my last will and testament, hereby revoking all former wills by me made. In Witness Whereof I have hereunto subscribed my name and affixed my seal the nineteenth day of September in the year of our Lord one thousand eight hundred and seventy-two. Ezra S. Loomis, Ss. (signed) The above written instrument was subscribed by the said Ezra S. Loomis 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 in his presence and in the presence of each other, and written opposite our names our respective places of residence. H. E. Hitchcock Champlain, NY (signed) Angeline M. Hitchcock, Champlain, NY (signed) (page 2) Surrogates Court, Clinton County, New York In the matter of proving } Examination of Witnesses the last will and testament } taken in open Court before of } G. M. Beckwith, Surrogate Ezra S. Loomis, deceased } of Clinton County, NY State of New York, } Clinton County } p: Horatio E. Hitchcock & Angeline M. Hitchcock of Champlain in the County of Clinton, NY, being each first duly sworn and examined in open Court, on their oaths, do depose and say that they were personally acquainted with Ezra S. Loomis, late of Champlain in the County of Clinton & State of New York, deceased; that they are the subscribing witnesses to the last will and testament of Ezra S. Loomis, late of Champlain in said county of Clinton deceased, and these deponents further way that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument, which is now here shown to these deponents and offered for probate and purporting to be his last will and testament and bearing date on the 19th day of September 1892; that the said at the time of so subscribing his name to the said instrument did declare the same to be his last will and testament; that these deponents did thereon subscribed their names at the end of the said instrument as attesting witnesses to the execution thereof at the request of the said deceased in his presence and in presence of each other; that the said deceased at the time of so subscribing his name thereto was a citizen of the United States upwards of twenty-one years of age and that he appeared to be of sound mind, memory and understanding and was not under any restraint to the knowledge or belief of these deponents. Taken, subscribed and sworn to this 28 } Horatio E. Hitchcock day of April, 1873 before me in open court } Angeline M. Hitchcock G. M. Beckwith, Surrogate } In appearing from the proofs heretofore taken is certified to be the last will and testament of Ezra S. Loomis late of Champlain in the county of Clinton, deceased, that the said will was duly executed & that the said Ezra S. Loomis deceased was at the time he executed the same competent to devise real estate & not under any restraint, that said will is a valid will of both real & personal Estate, the said will & the proofs & examinations of the attesting witnesses thereto are herein & hereby seconded, signed, & certified pursuant to the Revised Statutes of this State this 28th day of April in the year of our Lord one thousand Eight hundred & seventy three. G. M. Beckwith (signed) Surrogate