WILL: Charles E. Babcock; Walton, Delaware Co., NY Transcribed Jul 2002 by W. David Samuelsen ************************************************************************ USGENWEB ARCHIVES 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb.com/~usgenweb *********************************************************************** Delaware Co. NY Will Book Vol. 27 page 41 Charles E. Babcock, of Walton, Delaware Co., NY 1912 Record of the Last Will and Testament of Charles E. Babcock, Deceased Be it Remebered, That heretofore, to wit: on the 22d day of April, in the year of our Lord one thousand nine hundred and twelve, James Munn, the Executor named in the Last Will and Testament of Charles E. Babcock, late of the Town of Walton in the County of Delaware, deceased, appeared in open court, before the Surrogate of the County of Delaware, and made application to have the said Last Will and Testament which relates to both Real and Personal Estate, proved and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin by their respective names, requiring them to appear before said Surrogate at his office in the Village of Walton in said County, on the 14th day of May, A.D. 1912, to attend the probate of said Will. And afterwards, to wit: on the 14th day of May, A.D. 1912, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due services of said Citation in the mode prescribed by law, and on that day the proponent having appeared in support of the probate of said Will, and Geo. M. Babcock, Mrs. W. D. Scott, F. G. Babcock, Bert Babcock & Mabel A. Barber appearing to oppose the probate of the same in person and by William & Coulon, their attorneys, such proceedings were thereupon had in said Court that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 24th day of June, A.D. 1912 and he thereupon adjudged 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: I, Charles E. Babcock, of the village of Walton, Delaware County, New York, aged fifty four years, being of sound and disposing mind and memory, do make, publish and declare this, my last will and testament in manner following: that is to say: First. After all my just debts and funeral expenses are paid, I give, devise and bequeath unto my beloved wife Ella M. Babcock, all the property of which I shall die seized and possessed, both real and personal, to her and her heirs forever. Second. I hereby nominate and appoint my friend James Munn, of the Village of Walton, New York, sole executor of this my last will and testament, hereby revoking all former wills by me made. In Witness whereof, I have hereunto set my hand and seal this 29th day of December, in the year of our Lord one thousand nine hundred and eleven. Charles E. Babcock (L.S.) The above typewritten instrument, was subscribed by Charles E. Babcock, the testator therein named on the day of the date thereof, in our presence and in the presence of each of us, and he, at the same time, declared the said instrument so subscribed by him, to be his last will and testament, and we, at his request, and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto. Hugh White, residence Walton New York M. W. Marvin, residence Walton New York Delaware County Surrogate's Court, In the matter of the Probate of the Last Will and Testament of Charle sE. Babcock, late of said County, deceased. Delaware County ss: Harry Marvin of the town of Walton in the County of Delaware, being duly sworn and examined before John P. Grant, Surrogate of the said County, doth before and say, that he was well acquainted with M. W. Marvin, late of the town of Walton County of Delaware, and State of New York, but now deceased and with his manner and style of hand-writing, having often seen him wrote, and that he verily believes that the signature "M. W. Marvin" signed as a witness to the instrument now produced and shown to this deponent, bearing date the 27th day of December 1911, and purporting to be the Last Will and Testament of Charles E. Babcock, late of Walton N.Y. in said County, deceased, is the true and genuine hand-writing and signature of the said M. W. Marvin and that the said M. W. Marvin is now dead. Harry Marvin. Sworn and subscribed before me this 11th day of June 1912. John P. Grant, Surrogate County of Delaware, ss: Hugh White of the town of Walton, in the County of Delaware, being duly sworn as a witness in the above entitled matter, and examined in open Court in behalf of the proponent to prove said Will, deposes and says: I was well acquainted with Charles E. Babcock the said testator, and had known him for more than 10 years before his death. The subscription of the decedent's name to the instrument now shown to me, and offered for probate as his last Will and Testament, andbearing date the 27 day of Dec., in the year of our Lord one thousand nine hundred and eleven, was made by the decedent at the residence of said testator in the village of Walton, N.Y in the County of Delaware, in the presence of myself and M. W. Marvin, the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, so subscribed by him, to be his last Will and Testament; and I thereupon signed my name as a witness, at the end of the said instrument, at the request of said decedent, and in his presence, and in the presence of said M. W. Marvin. I also saw said M. W. Marvin the other subscribing witness sign his name as a witness at the end of said Will, and know that he did so at the request of said decedent and in his presence. The said decendent, at the time of so executing said instrument, was upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint, or in any respect incompetent to devise real estate. That the said M. W. Marvin, the other subscribing witness is dead. Hugh White Taken, subscribed and sworn to before me, this 11th day of June, 1912. John P. Grant, Surrogate At a Surrogate's Court, held at the Surrogate's Office in Delhi, in and for the County of Delaware, on the 24th day of June, 1912. Present, Hon. John P. Grant, Surrogate. In the Matter of Proving the Last Will and Testament of Charles E. Babcock, Deceased. Satisfactory proof having been made of the due service of the Citation heretofore issued in this matter, requiring the proper persons to appear in this Court on the 14th day of May, 1912, and attend the probate of the Last Will and Testament of Charles E. babcock, late of the Town of Walton, County of Delaware, deceased, bearing date the 27th day of Decmeber, 1912; and James Munn, the Executor named in the will, having appeared in person and by Sam'l H. Fancher, his attorney, in support of the probate of the same, and E. E. Coulon having been appointed and appeared as Special Guardian for Fay Babcock, Eva Babcock and Carl Babcock, and objections to the probate of said Will having been filed by williams & Coulon as attorneys for Geo. W. Babcock et al, and the matter having been adjourned from time to time until this day, and said objections having been withdrawn; and no other parties or pesons having appeared, and the several witnesses having been examined before the Surrogate and the proofs reduced to writing, and the said Surrogate having inquired particularly into all the facts and circumstances, and it appearing that the Will was duly executed, that the testator at the time of executing it was in all respects competent to make a Willa nd not under restraint; and the said Surrogate being satisfied of the genuineness of the Will and the validity of its execution, the probate not being contested: It is Ordered, Adjudged and Decreed, that the said instrument is the Last Will and Testament of the said Charles E. Babcock, deceased; that the same be and hereby is admitted to probate as a Will valid to pass real and personal property, and that Letters Testamentary issue to James Munn, the Executor named therein, upon his taking the oath prescribed by law. John P. Grant, Surrogate. Surrogate's Office } Delaware County, } ss: The Last Will and Testament of Charles E. Babcock, deceased, having been admitted to probate as a Will valid to pass real and personal property, I have recorded the same, with the decree admitting it to probate and the proof taken thereupon, as required by law. E. A. Manson, Clerk of Surrogate's Court.