CATHERINE BACKES WILL, ERIE COUNTY, NEW YORK

Copyright (c) 2002 by Johnna St. Clair (gjclair@optonline.net).

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Last Will and Testament

In the Name of God, Amen

I Katharina Backes of the City of Buffalo, County of Erie 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
daughter Kathrine Baschmann all my personal property and wearing apparel whereof I may die
seized or possessed, excepting therefrom any Cash Money.

Second - I direct my executor hereinafter named to cause to have names read in a German
Catholic Church in the City of Buffalo, NY for myself and my deceased husband for any balance
of cash money which might be left after the payment of my just debts, doctor bills and funeral
expenses have been paid.

Third - May it be known that prior to the execution hereof I paid each of my children $171.40
as their respective shares in my estate and they thereby waived any further claim against my
estate after my decease and that if any claim is made for part of my property after my death it
will me unjust excepting the above bequeath to my daughter Kathrine.

Like wise, I make, constitute and appoint my son-in-law Nicholas G. Baschmann to be the
executor without binds of this my last Will and Testament, hereby revoking all former Wills by
me made.

I witness whereof, I have hereunto subscribed my name and affixed my seal, the twenty-ninth day
of August, in the year of our Lord one thousand eight hundred and ninety-one.

(signature of)  Katharine Backes

The above written instrument was subscribed by the said Katharina Backes in our presence, and
acknowledged by her to each of us; and she at the same time declared the above instrument, sub
subscribed, to be her last Will and Testament:  and we, at her request, have signed our names
as witnesses hereto, in her presence and in the presence of each other, and written opposite
our names our respective places of residence.

Ginny Schwendler  571 Broadway Buffalo, NY Anthony Schwendler 571 Broadway Buffalo, NY

================================================================================

Surrogate's Court, Erie County, New York

In the matter of proving the Last Will and Testament of Katharina Backes, deceased

To the Surrogate's Court of the said County of Erie

The petition of Nicholas G. Baschmann residing at the City of Buffalo in the said County of
Erie, respectfully shows:

Your petitioner alleges that Katharina Backes late of the City of Buffalo in said County of
Erie died in said City of Buffalo on or about the 2nd day of January 1894 and that the said
decedent was at the time of her death  a resident of the County of Erie.

Your petitioner further Alleges upon information and belief that the said decedent died seized
of no real property valued at --- and possessed of  personal property valued at $950.

Your petitioner further alleges that the said decedent left a Last Will and Testament bearing
date the 29th day of August 1891, relating to the real and personal property, and nominating
and appointing your petitioner Nicholas G. Baschmann Executor thereof and that no previous
application has been made for the probate of said will.

And your petitioner further alleges upon information and belief, that the only heirs and next
of kin of said decedent her surviving, and all the persons in being who would take an interest
in any portion of said real and personal property under the provisions of said Last Will and
Testament, and the Executors and Trustees named or described therein, and their respective
ages, relationship, places of residence and post-office addresses are as follows:

Name   Age Relationship Residence and Post-Office Address

Peter Backes  52 son  484 Monroe Street, Buffalo, NY Joseph Backes  36 son  48 Sweeney Street,
Buffalo, NY Nicholas Backes  45 son  17 Sandal Alley, Buffalo, NY Jacob Backes  50 son  117
Coal Street, Pittston, PA Barbara Neuner  32 daughter  484 Monroe Street, Buffalo, NY Maggie
Beyer  30 daughter  516 Sherman Street, Buffalo, NY Katharina Baschmann 34 daughter  324 Monroe
Street, Buffalo, NY

And your petitioner further alleges upon information and belief, that all the above named
persons are of sound mine.

Wherefore, your petitioner prays that the said Last Will and Testament be admitted to probate,
and established as and for the Last Will an Testament of said testator valid to pass real and
personal property, that said heirs And next of kin of said decedent her surviving, and all the
persons in being who would take an interest in any portion of said real and personal property
under the provisions of said Last Will and Testament and the Executors and Trustees named and
described therein, be cited to attend the probate thereof;  that Letters Testamentary issue to
the executor in said Will named Nicholas G. Baschmann and that all such process and proceedings
may be had and taken in this proceeding, for that purpose, as the law may require.

Dated this 5th day of January 1894

(signature of)  Nicholas G. Baschmann

============================================================================ State of New York,
Erie County, City of Buffalo

I, Nicholas G. Baschmann, being duly sworn say that he has read the foregoing petition by her
subscribed, and knows the contents thereof, and that the same is true to the knowledge of
deponent, except as to matters therein stated to be alleged on information and belief, and that
as to those matters he believes it to be true.

Subscribed and sworn to before me, this 5th day of January 1894

(signature of)  Nicholas G. Baschmann (signature of) Genny Schwendler, Notary Public

============================================================================= State of New
York, Erie County, City of Buffalo

I, Nicholas G. Baschmann do swear that I am the only Executor named in the Last Will and
Testament of Katharina Backes late of the City of Buffalo, in said County of Erie, deceased;
that I am a citizen of the United States, a resident of the City of Buffalo, in said County of
Erie, upwards of the age of twenty-one years, and that I will well, faithfully and honestly
discharge the duties of Executor of and under the said Last Will and Testament.

Subscribed and sworn to be before me, this 5th day of January 1894 (signature of)  Nicholas G.
Baschmann, 324 Monroe Street, Buffalo, NY