MARY 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, Mary Backes, of the Town of West Seneca, County of Erie and State of New York, being of sound mind, memory and understanding, and being desirous of making a disposition of my property, to take effect at my death, do make, publish and declare this to be my Last Will and Testament, in manner and form following, that is to say: - First: I direct the payment of all my just debts and funeral expenses out of the proceeds of my estate. Second: I give and bequeath to Martin Neuner of Buffalo, New York, the sum of Two Hundred Dollars ($200.00). Third: I give and bequeath to Nich Baschmann, Jr. of Buffalo, New York, the sum of Two Hundred Dollars ($200.00). Fourth: I give and bequeath to Mathilda Nolan, of Buffalo, New York, the sum of of Two Hundred Dollars ($200.00). Fifth: I give and bequeath to Joseph Geis of Buffalo, New York, the sum of Two Hundred Dollars ($200.00). Sixth: I give and bequeath to the Fourteen Holy Helpers Church of Gardenville, New York, the sum of Five Hundred Dollars ($500.00) Seventh: All the rest, residue and remainder of my property, both real, personal and mixed, of every name, nature , kind and description, and wheresoever the same may be situate, of which I may died seized or possessed, or to which I may be entitled at the time of my decease, I give, devise and bequeath to the German Roman Catholic Orphan Asylum, now located at Number 564 Dodge Street, Buffalo, New York, absolutely and forever. Eighth: I hereby give my Executor hereinafter named, power and authority to sell, convey, transfer, mortgage and lease any and all of my real and personal property, and I further empower my said Executor to execute all Deeds of conveyance, Assignments, Bills of Sale and other papers necessary to carry out the provisions of this my Last Will and Testament. Lastly: I hereby nominate, constitute and appoint George Heusinger of the Town of West Seneca, New York, sole Executor of this, my last Will and Testament, hereby revoking any and all former or other Wills by me made. In witness whereof, I have hereunto set my hand and seal this 2nd day of July, in the year One Thousand Nine Hundred and Thiry-Seven. (signature of) Mary Backes We, whose names are hereto subscribed, do certify, that on the 2nd day of July, 1937, Mary Backes, the Testatrix above named, subscribed her 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 to same to be her 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 Testatrix and each other, on the said date and write opposite our names our respective places of residence. (signature of) W.J. Daetsch residing at 490 McKinley Pkwy, Buffalo, NY (signature of) Florence L. Dupin residing at 313 Longnecker St., Buffalo, NY ==================================================================================== Surrogate's Court, County of Erie, New York In the matter of proving the Last Will and Testament of Mary Backes, deceased To the Surrogate's Court of the County of Erie: The petition of The German Roman Catholic Orphan Asylum a corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal office at #564 Dodge Street, in the City of Buffalo in the said County of Erie, respectfully shows: That Mary Backes late of the Town of West Seneca in said County of Erie, died in said City of Buffalo on or about the 6th day of September 1941, and that the said decedent was at the time of her 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 $3000.00. That the said decedent left a Last Will and Testament, which bears date the 2nd day of July 1937, witnessed by William J. Daetsch and Florence L. Dupin and relates to real and personal property, and nominates and appoints George Heusinger, now deceased, executor thereof; That your petitioner does not know of any codicil to said Last Will and Testament, except as above set forth, nor of any other Will of the said decedent, and no other Will has been filed in the Surrogate's, Office. That the decedent left her surviving no husband. That all the distributes 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 Kernig full niece 14 Gerhardt Street, Bflo, NY Matilda Nolan full niece 57 Seymour St., Bflo, NY Josph Geis full nephew 116 Highgate Ave., Bflo, NY Carrie Schmitt full niece 116 Highgate Ave., Bflo, 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 Martin Neuner full none 380 Madison St., Buffalo, NY Nick Baschmann Jr. full none 57 Moeller St., Buffalo, NY Matilda Nolan full niece 57 Seymour St., Buffalo, NY Joseph Geis full nephew 116 Highgate Ave., Buffalo, NY Fourteen Holy Helpers none Gardenville, New York Church German Roman Catholic none 564 Dodge St., Bflo., N.Y. Orphan Asylum That the said petitioner is the sole residuary legatee named in said Last Will and Testament; that all of the funeral expenses and debts of said decedent have heretofore been paid. That all of the above named persons are of sound mind that there are no persons, other than those herein before 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 your petitioner prays that said Last Will and Testament be admitted to probate, and established as and for the Last Will and Testament of said testator valid to pass real and personal property thereof: That Letters of Administration with Will annexed issue to your petitioner German Roman Catholic Orphan Asylum, without bond. That a citation issue herein 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 24th day of September, 1941. German Roman Catholic Orphan Asylum (signature of) Ludwin E. Winter, Pres (President) State of New York County of Erie City of Buffalo Rev. Ludwin E. Winter, being duly sworn deposes and says that he resides in the City of Buffalo, New York. That he is the President of the German Roman Catholic Orphan Asylum, the corporation described in said instrument and which executed the above petition. That he knows the seal of said corporation. That the seal so affixed to said instrument is such corporate seal. That it was so affixed by an order of the Board of Directors of said corporation and that he signed his name thereto by like order; that he has read the foregoing Petition, and it is true, to the best of his knowledge, information and belief. Subscribed and sworn to before me this 24 day of September, 1941. (signature of) Joseph A. Benninger, Notary Public, Erie Co., NY State of New York County of Erie, City of Buffalo. I, Rev. Ludwin E. Winter do swear that I am the President of the German Roman Catholic Orphan Asylum, residuary/ devisee and legatee named in the Last Will and Testament of Mary Backes late of the Town of West Seneca 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 Administrator with Will annexed of an under the said Last Will and Testament. Subscribed and sworn to before me, this 24th day of September, 1941 (signature of) Joseph A. Beninger, Notary Public, Erie County, NY (signature of) Ludwin E. Winter, Pres. As Pres. of German Roman Catholic Orphan Asylum ================================================================================== Surrogate's Court, County of Erie, State of New York In that Matter of Proving the Last Will and Testament of Mary Backes, deceased I, Rev. Ludwin E. Winter, as President of the German Roman Catholic Orphan Asylum the corporation named in the Will of said decedent, residing at No. 564 Dodge Street, in the City of Buffalo, County of Erie, and State of New York, on behalf of said Corporation do hereby designate the Clerk of the Surrogate's Curt of the County of Erie, and his successor in office, as a person on whom service of any process issuing from said Court in this proceeding, or in any Other proceeding Wich shall affect the estate of the said decedent, may be made in like manner and with like effect as if it were served personally upon said corporation; whenever I or an officer thereof cannot be found and served with the State of New York, after due diligence used. Date at the City of Buffalo, State of New York, the 24 day of September, 1941. State of New York, County of Erie, City of Buffalo On this 24 day of September 1941, personally appeared before me Rev. Ludwin E. Winter to me well known to be the same person described in and who executed the foregoing instrument and who duly acknowledged the execution of the same for the purposes therein mentioned. Commissioner of Deeds in and for the City of Buffalo, NY Notary Public, Erie County, NY