PETER 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 In the name of God, amen, I Peter Backes, of the City of Buffalo, County of Erie and State of New York, now aged sixty five years and being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make, publish and declare this to be my Last Will and Testament in manner following that is to say: First: I will and ordain that the executrix of this my Last Will and Testament hereinafter nominated and appointed shall with all convenient speed after my decease pay and discharge all my just and lawful debts and funeral expenses and after such payment being made: Second: The residue and remainder of all my Real Estate and personal property of what nature or kind soever and wherever the name may be at the time of my decease, I give, devise and bequeath unto my beloved wife, Catharine Backes, her heirs and assigns forever and Lastly: I do hereby nominate and appoint my said wife Catharine to be the sole executrix of this my Last Will and Testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand an seal this eighteenth day of February in the year of Our Lord Eighteen hundred and seventy eight. (signature of) Peter Backes The above instrument was on the date thereof signed, sealed, declared and published by the said Peter Backes as and for his Last Will and Testament in presence of us, who at this request and in his presence and in the presence of each other have signed our names as witnesses thereto. (signature of) A. _______ of Buffalo, NY (signature of) Anthony Schillo of Buffalo, NY ========================================================================== Surrogate's Court, Erie County, New York In the Matter of Proving the Last Will and Testament of Peter Backes, Deceased To the Surrogate's Court of the said County of Erie: The petition of Catharine Backes residing at the City of Buffalo in the said County of Erie respectfully shows: That Peter Backes late of the City of Buffalo in said County of Erie died in said City of Buffalo on or about the 15th day of February 1889. The said decedent was at the time of his death, a resident of the said County of Eire, and died possessed of real and personal property, in the aid County of Erie. That the said decedent left a Last Will and Testament bearing date the 18th day of February, 1878 and the same purport to relate to both real and personal property. The in and by said Last Will and Testament, the said decedent nominated and appointed Catharina sole executrix thereof. Your petitioner further allege upon information and belief, that the following named persons are all heirs at law and next of kin, and the widow of the said decedent him surviving and their respective ages, relationship and places of residence are as follows: Name Age Relationship Residence Catharine Backes full widow Buffalo, NY Peter Backes full son Scranton, PA Jacob Backes full son Pittston, PA Nicholas Backes full son Buffalo, NY Joseph Backes full son Buffalo, NY Catharina Baschmann full daughter Buffalo, NY Barbara Neuner full daughter Buffalo, NY Margaret Beyer full daughter Buffalo, NY Your petitioner further allege upon information and belief, that all of the above named persons are of sound mind. Wherefore, your petitioner prays that said Last Will and Testament be admitted to probate and record as and for the Last Will and Testament of said decedent, valid to pass real and personal property. That said widow heirs at law and next of kin be cited to attend the probate thereof; that Letters Testamentary issue to the executrix in said Will named, 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 19th day of February 1889 (signature of) Catharina Backes (mark) ======================================================================= State of New York, County of Erie Catharine Backes being duly sworn, say that she has heard the foregoing petition by her subscribed, and know 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 she believes it to be true. Subscribed and sworn to, before me, this 19th day of February, 1889 (mark of) Catharine Backes State of New York, County of Erie I Catharine Backes do swear that I am the Executrix named in the Last Will and Testament of Peter Backes late of the City of Buffalo in said County of Erie, deceased, that I am a citizen of the United States; that I am a resident of the City of Buffalo in said County of Erie, that I am upwards of that age of twenty-one years, and that I will well, faithfully and honestly discharge the duties of the Executrix of and under the said Last Will and Testament. Subscribed and sworn to, before me, this 19th day of February, 1889 (mark of) Catharine Backes