WILL: Rhoena C. Emmes; Essex co., NY surname: Emmes, Deming, Potter, submitted by Laraine Wessels (lwessels at yahoo.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 29, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.8 Kb ************************************************ Source: sampubco.com Essex co. NY Will Book Vol. F page 433 Written: December 2, 1867 Recorded: January 17, 1876 Transcribed from SAMPUBCO copy by Laraine Wessels The Last Will and Testament of Rhoena C. Emmes late of Elizabethtown in the County of Essex & State of New York deceased proved and admitted to probate January 17th, 1876— Last Will & testament of Rhoena C. Emmes In the name of God amen. I, Rhoena C. Emmes of Hammond in the County of St. Lawrence & State of New York, being of Sound mind and memory, but being mindful of the uncertainty of life do therefore make ordain publish and declare this my last will and testament: That is to say. – First. I order & direct my executor herein after named to pay all my just debts as soon as conveniently may be after my decease, and also to erect at my grave suitable & becoming tombstones. Second – All the rest residue & remainder of my Estate of what nature soever, both real and personal, of which I may die Seized or possessed & where ever situated I give devise & bequeath to my brother Willard F. Deming of Elizabethtown in the County of Essex & State aforesaid – Third – In case the said Willard F. Deming shall not survive me, then & in that case it is my will & I order & direct, that the property & Estate which otherwise would have gone to the said Willard be converted into money (if not already so) & invested on real estate or other safe security & kept so during the life time of my sister Sophia G. Potter now of North Hudson in said County of Essex & that the use & income thereof be paid to my said Sister to be applied to & for her support & Maintenance during her said life, & should the said use & income there of be insufficient for her said support & maintenance, then & in that case enough of the principal sum so invested may be used from time to time as may be necessary so long as the sum may last or continue. It is not from any lack of feeling or affection for my said Sister that I have made no direct bequest in her favor in this my will, but I have given all to my brother Willard having full confidence that he will be kind to her & help her as may be necessary & proper. Fourth – I hereby nominate & appoint Willard F. Deming my said brother of Elizabethtown aforesaid sole executor of this my said last will & testament and I hereby revoke any and all wills heretofore made by me, if any --- In Testimony where of I have here unto set my hand & seal this 2nd day of December A.D. 1867 – Rhoen C. Emmes L.S. The above instrument was Subscribed by the testatrix Rhoena C. Emmes in our presence, and in the presence of each of us, and was at the same time acknowledged by her to each of us: And she at the same time declared the said instrument to be her last will and testament And we at her request and in her presence, and in the presence of each other have signed our names as witnesses hereto. – Byron Pond, Elizabethtown Essex Co. N.Y. A.C.H. Livingston Elizabethtown Essex Co N.Y. Depositions Surrogates Court – County of Essex – In the Matter of proving the last Will and Testament of Rhoena C. Emmes deceased County of Essex fs: Byron Pond & A.C.Hand Livingston being duly sworn and examined before Arod K. Dudley Esquire District Attorney acting as Surrogate of the County of Essex, depose and say, and first the said Byron Pond for himself says, that he resides in the town of Elizabethtown in said County of Essex and State of New York, and is a Lawyer & is County Judge & Surrogate of said County, and is aged fifty two years and the said Augustus C. Hand Livingston for himself says that he resides in the town of Elizabethtown in said county and State and is aged thirty-five years: and each for himself further says, that he was acquainted with Rhoena C. Emmes now deceased in her life time, that he was present as a witness, and did see the said Rhoena C. Emmes subscribe her name at the end of the instrument in writing now produced and shown to these deponents bearing date the second day of December in the year one thousand eight hundred and sixty seven, purporting to be the last will and testament of the said Rhoena C. Emmes. That the said Rhoena C. Emmes at the time of making the said subscription, declared the said instrument to be her last Will and Testament, and requested these deponents to sign their names as witnesses thereto. There upon these deponents accordingly signed their names as witnesses at the end of the said instrument in the presence of the said testatrix and of each other. These deponents further say, and each for himself further says, that the said Rhoena C. Emmes at the time she so executed the said instrument, was as deponent believes a citizen of the United States, of full age, of sound mind and memory, in all respects competent to bequeath personal estate and free from restraint And the said Byron Pond for himself further says that he drew the said Will at the request of the said Rhoena C. Emmes, and according to her instructions & the same was left in deponents custody by said testatrix at the time of the execution hereof & deponent has had the custody & possession thereof from that time to this date, & the same has in no way been changed or altered since its said execution Taken Subscribed & Sworn to Byron Pond this 17th day of January A.D. 1876 A.C.Hand Livingston before me A. K. Dudley District Attorney acting as Surrogate State of New York County of Essex fs I Arod K. Dudley District Attorney of said County of Essex acting as Surrogate do hereby certify the foregoing to be a true copy and record of the last Will and Testament of Rhoena C. Emmes late of the town of Elizabethtown County of Essex in said State of New York deceased propounded for probate and this day proved before me as a will relating to personal Estate, together with the proofs and Examinations taken before me in relation to the execution thereof. Recorded this 17th day of January 1876 Arod K. Dudley, District Attorney acting as Surrogate. Additional Comments: I'm looking for information about her husbands. I believe she was married more than once, the last husband probably Joel J. Emmes (1799-1879) of Hammond, NY, but I have no definitive proof except Rhoena Emmes is listed as living with him in 1860 & 1870 Hammond census. Joel's first wife was Rhoda B. Osgood (1806-1857)