WILL: Thomas Wilson; Plattsburgh, Clinton Co., NY submitted by Jan Wilson Ramos ****************************************************************** 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 court document, preserving spelling, punctuation, & syntax, by Jan Wilson Ramos, 10/22/98 (RamosGang@Worldnet.att.net) THOMAS WILSON Clinton County SS Be it Remembered, that heretofore, to wit, on the 28th day of March 1881, the Last Will & Testament, and the Codicil thereto of Thomas Wilson, late of Plattsburgh in the County of Clinton, declared, was in due form of law, duly admitted to probate by the Surrogate of Said County, and duly established as a Will and Codicil of both real and personal estate, and by him ordered to be recorded with the proofs and Examinations taken in respect thereto. The said Last Will & Testament & Codicil thereto, and the said proofs & examinations taken in respect thereto and on proof thereof are herein and hereby recorded as follows, that is to say: WILL I, Thomas Wilson of Plattsburgh Clinton County New York, being of sound mind and mindful of the uncertainties of this life, do hereby make publish and declare the following to be my last will and testament, to wit, First: I direct my executors hereinafter named to pay all my just debts and to erect at my grave suitable tombstones and to pay the expenses of my funeral. Second: I give and bequeath to James Wilson my late wifes nephew, three hundred dollars. Third: I give and bequeath to Thomas Wilson my late wife's nephew (a helpless young man) two hundred dollars; to be held by my Executors and used for his benefit in the discretion of my said executors, as said Thomas may need. Fourth: I give and bequeath to Elizabeth Wilson, my late wife's niece, one hundred dollars to be paid to her if living, and to her living children if she be dead at the time of the distribution of my estate. Fifth: I give and bequeath to John Wilson my late wifes nephew, twenty five dollars. Sixth: I give and bequeath to Arthur Wilson, my late wifes nephew, twenty five dollars. In case of the death of any of the Legatees above mentioned the payment of the above legacies shall be made to their children then living, share and share alike. Seventh: I give and bequeath to the Trustees of the First Presbyterian Church of Plattsburgh NY one hundred dollars and I direct that the same be expended in the purchase of Books for the Sabbath School of said Church. Eight: I give and bequeath to Rebecca Wilson, daughter of Charles Wilson one bed and suitable bedding therefore, to be delivered when called for. Ninth: I give and bequeath all the rest and residue of my property including the proceeds of sales of real estate herein after mentioned to James Wilson, William Wilson, Charles Wilson, Margaret Whiteside and their mother, the widow of my own brother John Wilson, late of Tyrone County Ireland deceased, share and share alike. In case the said widow of my said Brother John shall not survive me then it is my will and I hereby give and bequeath her share in the said rest and residue above mentioned to the said Charles Wilson in this item mentioned. In case of the death of my said niece or any or all of my said nephews leaving children surviving them these I direct that the share of such deceased parent shall be paid to such surviving children share and share alike. Tenth: I hereby authorize and direct my Executors hereinafter named and appointed to sell and convey all the real estate of which I may be seized as soon after my death as may be practicable upon such terms and for such prices as to them shall seem best, and convert the same into money for the purpose of carrying out the intention of this my last will and testament and in closing ___ and settling my estate & deed I direct that the legacies above named be paid in the order as above named until they are all paid of my estate shall be sufficient therefore. Lastly: I hereby revoke all former wills by me made and declare the same to be null and void, and I hereby nominate and appoint my friends John Henry Meyers and David F. Dobie of Plattsburgh Clinton County New York as and to be Executors of this my last will and testament. In Witness whereof I have hereunto subscribed my name and affixed my seal at Plattsburgh aforesaid this 6th day of April 1878. Thomas Wilson (LS) The foregoing written instrument was at the date thereof; to wit April 6, 1878, signed and sealed by the said Thomas Wilson in our presence and in the presence of each of us and he at the same time acknowledged to each of us that he had signed the same and affixed his seal thereto, and he, the said Thomas Wilson in the presence of each of us then declared the said instrument to be his last will and testament and at the same time requested each of us to be subscribing witnesses thereto and we in presence of such request have signed our names hereto as subscribing witnesses in the presence of said Wilson & in the presence of each other, & have stated our respective places of residence opposite our respective names. David F. Dobie Plattsburgh, NY William G. Storrs Plattsburgh, NY Royal Corbin Plattsburgh, NY CODICIL I Thomas Wilson of Plattsburgh, Clinton County, New York having made my last will and testament bearing date the sixth day of April 1878 and hereto a__________, do make this Codicil to be taken as a part of the same: First: I hereby ratify and confirm said will in every respect save so far as any part of it is inconsistent with this Codicil. Second: I give and bequeath to Mary Ann Wilson all the sheep cows and cattle and all the farming utensils of every kind and sort which I may own at my Death and also all my household furniture, books, pictures, dishes, house keeping stores and effects of every kind which I may have at the time of my death: except however one bed and suitable bedding therefore bequeathed by my said will to Rebecca Wilson. I have heretofore conveyed my farm to said Mary Ann Wilson and I make the above bequest to her with a view of providing her means to keep house if she should desire to do so. In Witness whereof I have hereunto set my hand and seal the 24th day of June 1879. Thomas Wilson (LS) The foregoing instrument was subscribed by the testator, Thomas Wilson, in the presence of each of us, and the said testator at the same time acknowledged that he had subscribed the same and at the same time he declared the same to be a Codicil to his last will and testament, and he thereupon requested us & each of us to become subscribing witnesses thereto, and we therefore at such request have hereto set our names and places of residence as such witnesses. Royal Corbin Plattsburgh NY David F. Dobie Plattsburgh NY PROOFS Surrogate Court, Clinton County, New York In the Matter of the Probate of the Last Will and Testament of Thomas Wilson late of Plattsburgh in said County of Clinton deceased Examination of Witnesses taken in open Court before Winslow C. Watson Jr. Surrogate of Clinton County, NY State of New York, Clinton County} SS David F. Dobie, Royal Corbin and William G. Storrs all of Plattsburgh aforesaid being each first duly sworn and examined in open Court on their oaths do depose and say that they were personally acquainted with Thomas Wilson late of Plattsburgh aforesaid, deceased, that they are the subscribing witnesses to the last will and testament of said Thomas Wilson 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 here shown to these deponents and offered for probate and purporting to be his last will and testament and bearing date on the 6th day of April 1878, 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 these deponents did thereon subscribe 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 28th day of March 1881 before me in open Court. W. C. Watson Jr. David F. Dobie Surrogate Royal Corbin Wm G. Storrs Surrogates Court, Clinton County New York In the matter of the Probate of the Codicil to the Last Will and Testament of Thomas Wilson late of Plattsburgh in said County of Clinton deceased. Examination of Witnesses taken in open Court before Winslow C. Watson Jr. Surrogate of Clinton County, NY State of New York, Clinton County} SS David F. Dobie & Royal Corbin of Plattsburgh aforesaid being each first duly sworn and examined in open Court on their oaths, do depose and say that they were personally acquainted with Thomas Wilson aforesaid, deceased, that they are the subscribing witnesses to the Codicil to the last will and testament of said Thomas Wilson 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 here shown to these deponents and offered for probate and purporting to be a codicil to his last will and testament and bearing date on the 24th day of June 1879, that the said deceased at the time of so 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 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 28th day of March 1881 before me in open Court W. C. Watson Jr. David F. Dobie Surrogate Royal Corbin Clinton County ss In appearing from the proofs and examinations heretofore taken in respect to the Last Will & Testament and the Codicil thereto of Thomas Wilson late of Plattsburgh in the County of Clinton deceased, that the said will and Codicil thereto was duly and in due form of law executed by the said deceased and that at the time the said Thomas Wilson Executed the same he was in all respects competent to devise real estate & not under any restraint & that the proofs & Examinations taken in respect thereto & on probate thereof are sufficient & that the said Last Will & Testament & the Codicil thereto is a valid will & Codicil of both real & personal Estate & the same having been so adjudged and established by the Surrogate of the County of Clinton the said Last Will and Testament & the Codicil thereto and the said proofs and Examinations taken in respect thereto, are herein and hereby recorded, signed and certified pursuant to the provisions of the Revised Statutes and Statutes amendatory thereof & of the Code of Civil Procedure this 28th day of March 1881. W. C. Watson Jr. Surrogate