WILL: James Gilchrist; Bombay, Franklin co., New York surname: Gilchrist, Harvey, Russell, Webb submitted by: Robin Gilebarto (rogerene at snet.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm http://ftp.rootsweb.com/pub/usgenweb/ny/franklin/wills/v6/gilchrist-james.txt *********************************************************************** Source: sampubco.com Franklin co NY Will Book Vol. 6 page 334 Written: 28 Jun 1877 Probated: 30 Jul 1877 Surrogate Court Franklin County In the matter of proving the Last Will and Testament of James Gilchrist deceased Be it remembered that on the 30th day of July 1877, Calvin B. Gilchrist the executor named in the last will and testament of James Gilchrist late of the town of Bombay deceased appeared in open court before the surrogate of Franklin County and made application to have the said last will and testament which relates to both real and personal estate proved and on such application the surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said deceased and all of them appearing in open court before the surrogate the 30th day of July 1877 and consenting in writing to the immediate proof of the said will such proceedings were thereupon had, afterward that the Surrogate took the proof of the will herein after set forth on the 30th day of July 1877, and he adjudged the said will to be a valid will of real & personal estate and the proofs thereof to be sufficient which said last will & testament and the proofs thereof are as follows that is to say Will In the name of God Amen I James Gilchrist of Bombay, Franklin County State of New York being of sound mid and memory and considering the uncertainty of this frail and [ ] life do therefore make ordain publish and declare this to be my last will and testament that is to say First After my lawful debts are paid and discharged. I give and bequeath and diverse my estate and property real and personal as follows that is to say, to my grandchildren namely Mary J. Gilchrist, Charles Gilchrist, Cynthia Gilchrist and Zadie Harvey I give one hundred dollars each and to George Gilchrist and Horace Gilchrist I give one hundred dollars each on the condition they do live to the age of twenty one years, and the remainder of my estate and property I give desire and bequeath to my son Calvin B. Gilchrist on the express condition that he Calvin B. Gilchrist shall support my son Edwin Gilchrist so long as he (Edwin Gilchrist) shall live and also cause a tomb stone to be erected at my grave. Likewise I make a [ itute] and appoint Calvin B. Gilchrist to be executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the 28th day of June in the year of our Lord one thousand eight hundred and seventy seven. His James X Gilchrist L S Mark The above written instrument was subscribed by the said James Gilchrist in our presence and acknowledged by him to each of us and he at the said time declared the above instrument so subscribed to be his last will and testament and we at his request have signed our names as witness hereto and written opposite our names our respective places of residence, Alvin Russell residing in Bombay NY Hardin S. Webb " " " Surrogate Court County of Franklin New York In the matter of proving the last will and testament of James Gilchrist deceased Examination of witnesses produced [ ] in the above entitled matter County of Franklin SS Alvin Russell and Hardin S. Webb being severally and duly [ ] and [ ] before Albert Hobbs Surrogate of the County of Franklin on behalf of the applicant to prove said will do depose and say as follows We were each well acquainted with James Gilchrist deceased, the subscription of the name of said decedent to the instrument now shown to us and offered for probate as his last will and testament and bearing date the 28th day of June in the year of our Lord one thousand eight hundred and seventy seven was made by the decedent at the resident of the decedent in Bombay in the presence of us and each of us subscribing witnesses to said instrument at the time of his 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 his presence and in the presence of each other, The said decedent at the time of executing said instrument was upward of the age of twenty one years and of sound mind memory and understanding and not under restraint or in any way incompetent to devise real estate. Signed the 30th day Alvin Russell (his signature) Of July 1877 before me Hardin S. Webb (his signature) Albert A. Hobbs Surrogate (his signature) Franklin County SS Recorded the preceding Last Will and Testament of James Gilchrist late of Bombay deceased as a valid will of real and personal estate together with the proof taken in the Court of the Surrogate of Franklin County which record is hereby signed and certified by me pursuant to the provisions of the revised statute this 24th day of August 1877 Albert Hobbs (his signature) Surrogate