JOSEPH BACKES WILL, ERIE COUNTY, NEW YORK

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

************************************************************************
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.  The submittor has given 
permission to the USGenWeb Archives to store the file permanently
for free access.
************************************************************************

Last Will and Testament

I Joseph Backes of the Town of West Seneca in the County of Erie and State of New York, being
of sound mind and memory, do make, publish and declare this my last Will and Testament, in
manner following, that is to say:

First - I direct that all my just debts and funeral expenses be paid

Second - I give ______ and bequeath to my beloved wife Mary Backes all my real personal and
mixed property of which I shall____, seized and possessed on to which I shall be entitled at my
decease to have and to hold for herself heirs and assigns forever with all rights to sell and
dispose of same as she may deem meet with.

Lastly, I hereby appoint Mary Backes, my beloved wife 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 the 27th day of July in the year One
thousand nine hundred and eighteen.

(signature of)  Joseph Backes

We, whose names are hereunto subscribed, Do Certify, that on the 27 day of July 1918 Joseph
Backes the testator subscribed his name to this instrument in our presence and in the presence
of each of us, and at the same time, in our presence and hearing, declared the same to be his
last Will and Testament, and requested us, and each of us, to sign our names thereto as
witnesses to the execution thereof, which we hereby do in the presence of the testator and of
each other, on the said date, and write opposite our names of our respective places of
residence.

Rev. John J. Lehmann residing at Gardenville Erie Co., NY Elizabeth H. Lehmann residing at
Gardenville Erie Co., NY

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

Surrogate's Court, Erie County, New York

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

To the Surrogate's Court of the County of Erie The petition of Mary Backes, residing in the
Town of West Seneca in the said County of Erie respectfully shows:

That Joseph Backes late of the Town of West Seneca in said County of Erie, died in said Town of
West Seneca on or about the 30th day of March , 1922 and that the said decedent was at the time
of his death a resident of the said County of Erie.

That the said decedent died seized of no real property, and possessed of personal property, the
estimated value of which is $1,300.00

That the said decedent left a Last Will and Testament, which bears date the 27th day of July
1918, witnessed by Rev. John J. Lehmann and Elizabeth H. Lehmann relates to real and personal
property, and nominates and appoints your petitioner Mary Backes executor thereof;  That your
petitioner does not know of any codicil to said Last Will and Testament except as above set
fourth, nor any other Will of the said decedent, and no other Will has been filed in the
Surrogate's Office.

That the decedent left him surviving Mary Backes his widow, who is of full age, and resides at
Gardenville, New York. That all the heirs at law and next of kin of the said decedent, together
with their names, ages, relationship, places of residence and Post-Office addresses set
opposite their names respectively are as follows:

Name   Age Relationship Residence and Post-Office Address Mary Backes  full widow  Gardenville,
New York Nicholas Backes  full brother  62 Grape Street, Buffalo, NY Katherina Baschmann full
sister  57 Moeller Avenue, Buffalo, NY Barbara Neuner  full sister  321 Monroe Street, Buffalo,
NY

That the names and Post-Office Addresses of all the devisees, legatees and beneficiaries named
in the said last Will and Testament are as follows:

Name   Age Relationship Residence and Post-Office Address Mary Backes  full widow  Gardenville,
New York

That all of the above named persons are of sound mind  that there are no persons, other than
those herein mentioned, interested in this proceeding, and that no previous application has
been made to any Surrogate's Court for the probate of the Will of the decedent, or for Letters
of Administration upon the estate of said decedent.

Wherefore you petitioner prays that said Last Will and Testament be admitted to probate, an
established as and for the Last Will and Testament of said testator valid to pass real and
personal property thereof;

That letters Testamentary issue to the executor in said Will named Mary Backes.

That a citation issue herein and that all such process and proceedings may be had and take in
this proceeding, for that purpose, as the law may require.

Dated this 10th day of April 1922.

(signature of) Mary Backes