WILL: Mary A Thompson;  Bergen, Genesee co., NY
surname: Thompson

submitted by Carol Baker (bakeflem @ hotmail.com)
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Source: Record of Wills, New York Surrogate's Court, Genesee County Vol. 20,
page 179-182.  LDS Microfilm No. 810759
Written: August 31 1885
Recorded: July 16 1888

Mary A. Thompson Testatrix
At a Surrogate's Court, held in and for the County of Genesee, at the 
Surrogate's Office in the Town of Batavia, in said county, on the 16th day of 
July in the year of our Lord one thousand eight hundred and eighty eight
Present, Myron H. Peck Surrogate.
Genesee County }ss.

     Be it remembered, that heretofore, to wit: on the 2d day of April in 
the year of our Lord one thousand eight hundred and eighty eight Frank N 
Thompson, one of the Executors named in the Last Will and Testament of Mary A 
Thompson late of the town of Bergen, in the county of Genesee, deceased, 
appeared in open court before the Surrogate of said county, and made 
application to have said Last Will and Testament, which relates to real and 
personal estate, proved; and on such application the Surrogate did ascertain, 
by satisfactory evidence, who were the husband heirs and next of kin of the 
said Testatrix and their respective residences.

....... , and said Frank N Thompson one of the Executors as aforesaid, 
appearing for the purpose of proving said Will and the husband, heirs and next 
of kin being of full age having severally duly in writing waived the issue and 
service upon them of a citation to attend the probate of said Will

and no one appearing to contest the probate of such Will, such proceedings
were thereupon had, that the Surrogate took the proof of said Will hereinafter
set forth, upon this 16th day of July A. D. 1888, and adjudges the same to be
a valid Will of real and personal estate, and the proofs thereof to be 
sufficient, which said last Will and Testament and proofs are as follows, that 
is to say:

The Last Will and Testament of Mrs Mary A Thompson of the town of Bergen
County of Genesee and State of New York.

     I Mary A Thompson, aware of the uncertainty of life, do make, ordain, 
publish and declare this my last Will and Testament, in manner and form 
following, that is to say:

     After the payment of my funeral charges the expense of administering my 
estate, and my lawful debts, I give, devise and bequeath my property as
follows:

     First: To each of my sons Orville Thompson, Orin Thompson, William H 
Thompson and Edwin Thompson or their heirs, the sum of Fifty (50.00) Dollars - 
To each of my two sons Frank N Thompson and Daniel S Thompson or their heirs 
the sum of Three Hundred Dollars ($300.00) - To my daughter Mrs. F. N. 
Thompson, one set of silver spoons, the same that are marked "Ruth", - I also 
instruct my Executors to purchase and cause the same to be set, a Tombstone 
suitably inscribed to my memory, the same not to cost less than Twenty five 
Dollars (25.00) - My wearing apperal, Beds. Bedding, and Household Furniture 
may be sold, or divided between my children, as they (My Executors) may decree 
best - I give, bequeath, and devise all the rest, residue and remainder of my 
Real and Personal Estate, to wit, to my son Frank N Thompson one (1/3) 

Third, - and to my son Daniel S Thompson two (2/3) Thirds of the same, my
executors to act without for, only actual expenses.

     Likewise, I make, constitute and appoint my two sons Frank N. Thompson 
and Daniel S Thompson to be executors 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 Thirty first day of August in the year of our Lord one thousand eight 
hundred and eighty five.
Mary A Thompson          (L.S.)         

The above written instrument was subscribed by the said Mary A Thompson in our 
presence, and acknowledged by her to each of us and did at the same time 
declared the above instrument, so subscribed, to be her last Will and 
Testament; and we, at her request have signed our names as witnesses hereto,
in her presence, and in the presence of each other, and written opposite our
names our respective places of residence.
Frank M Merrill, Bergen, Genesee Co., NY
John W Davy, Bergen, Genesee Co., NY

Genesee County - Surrogate's Court.
In the matter of Proving the Last Will and Testament of Mary A. Thompson 
Deceased.} Genesee County - ss.

John W. Davy
of the town of Bergen in said County, being first duly sworn and examined 
before the Surrogate of said County, in open Court does depose and say that he 
was well acquainted with Mary A Thompson late of the town of Bergen in said 
County, deceased, that he is a subscribing witness to the instrument
purporting to be the last Will and Testament of the said decedent, now shown
and exhibited to him.

     And this deponent further says, that the said decedent did in her 
presence subscribe his name at the end of the instrument which is now shown
and exhibited to him and offered for probate, and which purports to be the
last Will and Testament of the said decedent, and which bears date 31st day of 
August in the year of our Lord one thousand eight hundred and eighty five;
that the said decedent, at the time of subscribing her name to the said
instrument as aforesaid, did declare the said instrument so subscribed, to be
her last Will and Testament; and this deponent and Frank M Merrill did
thereupon severally subscribe their own names at the end of said instrument as
attesting witnesses to the execution thereof, at the request and in the
presence of the said decedent, and in the presence of each other; that the
said decedent, at the time of subscribing her name to the said instrument as
aforesaid, was upwards of twenty-one years of age; that she appeared to be of
sound mind and memory, and in all respects competent to devise real and to
bequeath personal estate and that she was not under any restraint to the
knowledge or belief of this deponent; and that said last Will and Testament
was so executed and published on or about the 31st day of August in the year
of our Lord one thousand eight hundred and eighty five

     That Frank M Merrill the other attesting witness is now absent from the 
state of New York and now is at the city of Chicago in the State of Illinois.
Subscribed, sworn and examined this 16th Day of July A. D. 1888. before me.
     M. H. Peck Surrogate          John W. Davy

State of New York, County of Genesee} ss
     Lawrence L Crosby of Batavia in said county being duly sworn and 
examined in open court before the Surrogate of said county deposes and says 
that he is personally well acquainted with the handwriting and signature of 
Mary A Thompson, the Testatrix named in the foregoing deposites and that the 
signature "Mary A Thompson" at the end of the instrument in said deposition 
mentioned and described and now shown to deponent is the genuine signature and 
handwriting of said testatrix Mary A Thompson

     Deponent further says that he is also well acquainted with the 
handwriting and signature of Frank M Merrill one of the attesting witnesses to 
the execution of said instrument and that the signature "Frank M Merrill" at 
the end of the attestation clause to said instrument is the genuine signature 
and handwriting of said Frank M Merrill who was at the time of the execution 
thereof a resident of Bergen in said County of Genesee.
Given and Subscribed before me this 16th day of July 1888
W H Peck Surrogate                      Lawrence L Crosby


Genesee County.  Surrogate's Court. }ss.
     It appearing on the proofs duly taken in respect to the Last Will and 
Testament of Mary A Thompson late of the Town of Bergen, in the County of 
Genesee, deceased, that the said Will was duly executed, and that the said
Mary A Thompson at the time he executed the same was in all respects competent
to devise real and to bequeath personal estate, and not under restraint; the
said Will and Testament and the said proofs and examinations now here
recorded, are signed and certified by me pursuant to the provisions of the
laws of this State, on this 16th day of July in the year of our Lord one
thousand eight hundred and eighty eight
Myron H. Peck Surrogate