WILL: Joseph Marshall; Fort Covington, Franklin co., NY surname: Marshall submitted by Robin Weinhold (robinw @ bealenet.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Robin Weinhold Franklin Co., NY Will Book vol. 8 page 622 The following is a transcription of the Will of Joseph Marshall of Fort Covington, Franklin Co. NY. Surrogates Court In the Matter of the Will of Joseph Marshall dec'd Be it remembired that heretofore and on the 9th day of August 1886 George Higgins Executor named in the will of said deceased appeared in open Court before the Surrogate of said County and made application to hear said will which relates to both real and personal estate proved and on said application said Surrogate did as certain who were the heirs at law and next of kin and widow of said deceased and their respective residences. Said Surrogate did thereupon issue a citation directed to said widow heirs at law and next of kin by their respective names stating their respective places of residence requiring them to be and appear before said Surrogate on the 30th day of August 1886. to attend the probate of said will & on said 30th day of Aug.1886 satisfactory proof was made & presented to said Surrogate of the personal service of said citation on all the persons therein married in the mode prescribed by law, said matter was then adjourned from time to time by consent of parties in order obtain the attendance of the witnesses to said will. to the 2nd day of Oct. 1886 at which time no one appearing to oppose the probate of said will such proceedings were thereupon had that the Surrogate took the proof of said will hereinafter set forth upon the 2nd day of Oct.1886 and he adjudged said will to be a valid will of real and personal Estate and the proof thereof to be sufficient which said last will and Testament and proof are as follows. that is to say: Will In the name of God Amen. I Joseph Marshall of the town of Fort Covington in the County of Franklin and State of New York of the age of seventy two years and being of sound mind and memory do make publish and declair this my last Will and Testament in manner following that is to say first my wife Calista Marshall hold her third instead of dower. 2nd I give and bequeath to my son Antoine my real estate consisting of ten acres of land in the town of Fort Covington bounded as follows. On the east by Hector Buel. On the south by Duilt Hutchins. On the west by Patrick Keefe. On the north by the highway together with hereditaments or in any wise appertaining to have and to hold the premises above described to the said Antoine Marshall his heirs and assigns for ever Also all of my personal property of all and every kind. In witness whereof I have hereunto set my hand and seal this 13th day of December 1883. Likewise I make Constutute and appoint George Higgins 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 thirteenth day of December in the year of our Lord one thousand eight hundred and eighty three. Joseph (his X mark) Marshall The above instrument consisting of one sheet was at the date thereof subscribed by Joseph Marshall in the presence of us and each of us he at the time of making such subscription acknowledged that he made the same and declared the said instrument so subscribed by him to be his last Will and Testament Where upon we then and there at his request and in his presence and the presence of each other subscribed our names as witnesses there to. George Higgins residing at Fort Covington N. Y. Geo W. Hutchins residing at Fort Covington N.Y. Surrogates Court County of Franklin 'N.Y. In the matter of the last Will and Testament of Joseph Marshall Dec'd Examination of Witnesses produced sworn and examined in the above entitled matter. County of Franklin SS: George Higgins and George W. Hutchins being severally and duly sworn and examined before Horace A. Taylor, Surrogate of the County of Franklin on behalf of the applicant to prove said will do each depose and say as follows. We were each well acquainted with Joseph Marshall 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 13th day of December in the year of our Lord one thousand eight hundred and eighty three was made by decedent at the residence of decedent in Fort Covington 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 so executing said instrument was upward 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 incompetint to devise real estate. Subscriped and Sworn this 2nd day of October George Higgins 1886 before me Geo W. Hutchens Horace A. Taylor Surrogate Franklin County Recorded the preceding last Will and Testament of Joseph Marshall as a will of Real and Personal estate together with the proofs taken in the Court of the Surrogate of said County which record is hereby signed and certified by one pursuant to the provisions of the Revised Statutes this 2nd day of Oct. 1886 Horace A . Taylor Surrogate