WILL: James M. Sabin; Fort Covington, Franklin co., NY surname: Sabin, Grant, Tibbits, Ploof submitted by Gail Meehan (gailmeehan at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: October 1, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.8 Kb ************************************************ Source: Sampubco Franklin co NY Will Book Vol 9 page 678 Written: July 1 1890 Recorded: November 24 1890 SABIN, JAMES M. Last Will and Testament of James M. Sabin, Cooks Corners, Franklin County, New York, dated July 1, 1890 In the name of God, Amen, I, James M. Sabin, residing at Cooks Corners, Franklin County, New York, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, 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 unto my executrix herein after named all my property of every name and nature in trust however to be used and the rents and profits thereof in the support, maintenance and education of my children, Lena, Adella and Hattie, until each shall arrive at the age of eighteen years, that is to say whenever anyone of such children shall arrive at eighteen years of age, such child shall cease to be entitled to support, maintenance or education out of my said property, neither shall any of said children if married before such child so married, arrives at eighteen years of age be entitled after marriage to support, maintenance or education out of my said property. In case however the disability now afflicting my daughter Lena does not recover therefrom or she does not recover therefrom before she arrives at eighteen years of age, then she shall be entitled to her support and maintenance out of and from my property during the period of her disability or during her natural life, if her disability continues during her lifetime. After all the foregoing provisions of my will have been carried out, if any of my property remains, I give and devise such remainder unto my said children, Lena, Adella and Hattie, share and share alike. Likewise, I make, constitute and appoint my daughter Margaret A. Grant to be executrix of this my Last Will and Testament, giving and granting unto her full power to sell and convey any or all of my real estate, for the purpose of carrying out the provisions of this my will or for the payment of my debts and I hereby make constitute and appoint her guardian of my said children during their minority, hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name and afixed my seal the first day of July in the year of our Lord one thousand eight hundred and ninety. James M. Sabin. (L.S.) (The words "does not" in the eighteenth line from the top were inserted or underlined before signing) The above written instrument was subscribed by the said James M. Sabin in our presence and acknowledged yes by him to each of us, and he at the same time declared the above instrument, so subscribed, to be his Last Will and Testament, and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other, and written opposite our names our respective places of residence; Hubert D. Avery, residing at Cook's Corners, NY Fred Racine?, Residing at Malone, Franklin Co., NY Surrogate's Court in the matter of the Proof of the Will of James M. Sabin, deceased. State of New York, County of Franklin, ss Edwin D? Bean?, being duly sworn says that he resides in the town of Fort Covington, that on the 1st day of July 1890, deponent was at said decedents house on said day, and saw decedent sign a paper writing which he declared to be his Last Will and Testament and deponent says that the paper shown him is the same paper writing and that the signature of said James M. Sabin to said writing is genuine and was subscribed in his presence and in the presence of Hubert D. Avery and Fred Racine. Deponent further says that the witnesses whose signatures appear to said will were present at the time of the execution of said will and that decedent declared to them and to each of them that said paper writing was his last will and testament and that he requested both of them to sign as witnesses and that said witnesses affixed their names in deponents presence and in the presence of each other and in the presence of deponent and said decedent. That said decedant was of sound mind and memory and capable of disposing of property and that his acts were free and voluntary and not influenced in any way. Sworn to before me Edwin D? Bean this 24th day of November, 1890. David A. Beman?, Surrogate Franklin County ss: Moses Dean? being duly sworn says that he is a clerk in the office of Kellas? and Winnsill? that deponent is well acquainted with one Fred Racine who signed as one of the witnesses to the last will and testament of James M. Sabin, that after due diligence and inquiry deponent says that it is impossible to produce said Racine into Court as such witness as the said Racine is out of the State and resides in the Province of Ontario and Dominion of Canada as deponent is informed and that deponent has not seen said Racine in this State for the past 3 months. Sworn to before me, Moses Dean, this 24th day of November, 1890. David A. Beman?, Surrogate Surrogates Court, County of Franklin, New York In the Matter of the Last Will and Testament of James M. Sabin, Deceased Examination of witnesses produced, sworn and examined in the above matter, County of Franklin, ss: Hubert D. Avery, being duly sworn and examined before Hon. D. A. Beman, 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 James M. Sabin, deceased. That on or about the 1st day of July, 1890, deponent was at the residence of said deceased and that then and there said decedent exhibited to deponent a paper which is the same as shown to me by said surrogate and declared the said instrument to be his Last Will and Testament, and I the undersigned thereupon subscribed my name as witness at the end of said instrument at the request of said decedent, and in his presence and in the presence of each other. That one Fred Racine was also present and that said decedent also requested him to sign as witness and declared to him that said instrument was his Last Will and Testament and that in accordance with the request of said decendent the said Racine signed at the end of said instrument as a witness to said Will and Testament and that deponent saw said Racine write his name as such witness and that the signature of said Racine is genuine. That 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 incompetent to devise real estate. That deponent also signed in the presence of said Racine and in the presence of said testator. Hubert D. Avery Subscribed and sworn this 17th day of November 1890 before me, David A. Beman, Surrogate Franlin County, ss: It appearing from the proofs duly taken in respect to the Last Will and Testament of James M. Sabin, late of Fort Covington in the County of Franklin and State of New York, deceased: that the said will was duly executed and that the said James M. Sabin at the time he 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 Statutes, this 24th day of November, A.D. 1890. Charles F. Fury?? Clerk of the Surrogates Court Additional Comments: Transcriber's Note: James M. Sabin, son of Charles and Esther Sabin, was born about 1829 in Fort Covington, Franklin County, NY. He was married to Dorinda Tibbitts, who was born in Bombay, Franklin County about 1834. Dorinda died June 17, 1890 in Fort Covington. I'm descended from their daughter, Hattie Sabin and her husband, Joseph Ploof. Other children of James M. and Dorinda Sabin: Margaret, Millard F., Lovica/Louisa?, Elsie May, Henry, Lena and Adella. James and Dorinda Sabin are buried in Maple Hill Cemetery, Bangor, Franklin County, NY.