WILL: Mary (Carr?) Stone; St. Regis Falls, Franklin co., NY surname: Stone, Carr, Clark, Dougall, Mitchell, Webb, Mayo, Ploof submitted by Gail Meehan (gailmeehan @ aol.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Gail Meehan Franklin County, New York Vol. 10 page 269 Probate of the Last Will and Testament of Mary Stone, late of St. Regis Falls, deceased. Surrogate's Court, Franklin County Be it remembered that heretofore, to wit, on the 3d day of October 1888, Eli Stone, named in the Last Will and Testament of Mary Stone, late of St. Regis Falls, in the County of Franklin, deceased, applied to the Surrogate of the County of Franklin to have the said Last Will and Testament, which relates to both real and personal estate, proved and recorded and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of said deceased testator and their respective residences, viz: Alexander Carr, A____Melvin, of B____, P.Q., Hezekiah Carr of St. Regis Falls, Jerry Carr, Polly_____, Rial Carr, and Hollis Clark of Dickinson, NY and said Surrogate did thereupon issue a citation in due form of law directed to the said heirs at law and next of kin by their respective names, stating their places of residence, requiring them to appear before the said Surrogate at his office in Malone Village in said County on the 10th day of December, A.D. 1888, to attend the probate of said Will and afterward to wit on the 10th day of December 1888 at Malone Village aforesaid, satisfactory evidence having been presented to the said surrogate of the service of the said citation in the mode prescribed by law on all of said above name persons, and a ____having issued and been duly returned and said matter having been held open indefinitely until July 11th, 1892, when no one appearing to oppose the probate of said Will the said Surrogate took the further proofs of said Will hereinafter set forth and did thereupon adjudge said will to be a valid Will of real and personal estate, and the proofs thereof to be sufficient and that the said Will and the proofs thereof be recorded when said Last Will and Testament and the proofs taken thereon are as follows, that is to say: WILL In the name of God, Amen I, May Stone being of sound mind and memory and considering the uncertainty of this life, do therefore name, 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 all of my real estate and personal property of every kind and nature to Eli L. Stone, my husband. Likewise I make, constitute and appoint David Mitchell to be Executor of this my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof, I have herewith subscribed my name and affixed my seal, the fifth day of October in the year of our Lord one thousand eight hundred and eighty seven. May Stone (L S.) Witnesses: David Mitchell, Alma Dougall The above instrument consisting of one sheet was at the date thereof subscribed by May Stone, the testatrix named in the foregoing Will, in the presence of us and each of us, and at the time of making such subscription the above instrument was declared by the said testatrix to be her Last Will and Testament, and each of us, at the request of said testatrix and in her presence, and in the presence of each other, sign our names as witnesses thereto, at the end of the Will. David Mitchell, Residing at St. Regis Falls, NY Alma Dougall, Residing at Dickinson Surrogate's Court, Franklin County In the matter of the Probate of the Last Will and Testament of Mary Stone, late of the town of Waverly, NY, deceased. Franklin County, ss: J.W. Webb being duly sworn deposes and says that he is a resident of the town of Waverly, County of Franklin, State of New York, and has been for the past six years, that deponent was acquainted with May Stone of said Town in her lifetime, and deponent was acquainted with her hand writing, that the said May Stone is now dead, and she died on or about the 14th day of December, 1887. That said May Stone made a Will in her lifetime which was dated October 5th, 1887. That the signature attached to said Will is the signature of said May Stone. Deponent further says that he is acquainted with David Mitchell a witness to said Will and is also acquainted with the handwriting of said David Mitchell and that the name attached to said Will David Mitchell as a witness to the said is the writing of said Mitchell and is his signature, that the said David Mitchell has removed from the State of New York, into the Dominion of Canada, and is now a resident of ______Province of Quebec, Canada, and has been a resident of said place ever since on or about July first, 1888, and is not within the jurisdiction of the Surrogate of the said county of Franklin, and cannot be obtained as a witness to the last Will and Testament of said May Stone, deceased. Subscribed and sworn before me this 11th day of July 1892. A. Berman, Surrogate J.W. Webb Surrogate's Court, County of Franklin, New York In the matter of last Will and Testament Mary Stone, Deceased Examination of witnesses produced, sworn and examined in the above entitled matter, County of Franklin, ss: Alma Dougal being duly sworn and examined before Horace A. Taylor, Surrogate of the County of Franklin, on behalf of the applicant to prove said Will does depose and say as follows: I was well acquainted with Mary Stone, deceased. The subscription of the name of the said decendent to the instrument now shown to me and offered for probate as her last Will and Testament, and bearing date the 5th day of October in the year of our Lord one thousand eight hundred and eight seven was made by decedent at the residence of Mary Stone in Waverly in the presence of myself, subscribing witness to said instrument. At the time of his [sic] making such subscription the said decedent declared, the said instrument so subscribed by him to be his Last Will and Testament, and we, the undersigned, thereupon subscribed our names as witnesses at the end of said instrument at the request of said decedent, and in her presence, and in the presence of each other. The said decedent at the time of so executing said instrument was upwards of the age of twenty-one years, and a citizen of the United States, and of sound mind, memory and understanding, and not under restraint, or in any way incompetent to devise real estate. Alma Dougall Subscribed and sworn this 10th day of December, 1888, before. Horace A. Taylor, Surrogate Franklin County, ss: It appearing from the proofs duly taken, in respect to the Last Will and Testament of Mary Stone, late of St. Regis Falls, in the County of Franklin and State of New York, deceased, that the said Will was duly executed and that the said Mary Stone at the time she executed the same was in all respects competent to devise real estate, and not under restraint, the said Last Will and Testament, as a valid Will of real and personal estate, and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the Revised Statute this 11the day of July, AD, 1892, Charles F. Fury Clerk of the Surrogate's Court Transcriber's Note: The documents vary between the first name of testator as Mary or May. I believe that Mary Stone (maiden name Carr?) was the wife of Eli L. Stone, who was the son of Joseph Stone and Mary A. Mayo, also of Dickinson. Eli Stone's sister was Elsie Stone, who married Louis Ploof. Anyone with more information please contact me. Forest Cemetery, Waverly/St. Regis Falls: Stone, Mary died December 14, 1887, age 25 years, wife of ______ Stone.