WILL: Ebenezer Hart Sr.; Batavia, Genesee co., NY
surname: Hart, Jesseph, Hartt

submitted by Jennifer Anklesaria (jennifer @ anklesaria.com)
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Transcribed from SAMPUBCO copy by Jennifer Anklesaria 
Genesee County, New York Will Book Vol. 9, page 333
Surnames: HART, HARTT, TAGGART, ALLEN, JESSEPH

Ebenezer Hart, Testator

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 fifth day of
January 1867,

Present   Moses Taggart, Surrogate.

GENESEE COUNTY, SS.  Be it remembered, that heretofore, to wit, on the
thirteenth day of November in the year of our Lord one thousand eight hundred
and sixty six, William Allen, the Executor of the Last Will and Testament of
Ebenezer Hart, late of the Town of Batavia 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 widow, heirs and next of kin of the
said Testator and their respective residences.

And said Surrogate did thereupon issue a citation in due form of law, directed
to the said widow, heirs and next of kin, by their respective names, stating
therein their respective places of residence, requiring them to appear before
the said Surrogate, at this Office in the Town of Batavia, in said County, on
the thirty first day of December 1866 to attend the probate of said Will.

And afterwards, on the thirty first day of December aforesaid, satisfactory
evidence by affidavit was produced and presented to said Surrogate, of the due
service of said citation, in the mode prescribed by law, and said William
Allen, Executor, as aforesaid, appearing for the purpose of proving said Will.

And it appearing that one of the heirs and next of kin, was a minor having no
general guardian, Edward Taggart of the town of Batavia was by an order of the
Surrogate duly appointed special guardian of said minor to take care of his
interest in the matter of proving said will and appeared and attended for that
purpose.  And the proofs were thereupon in part taken but one of the attesting
witnefses not attending the proceedings upon such proof, were adjourned to
this day at ten o clock in the forenoon.

And afterward in this fifth day of January 1867 the said William Allen,
Executor as aforesaid, appearing for the purpose of proving said will and said
special guardian also appearing and attending

And no one appearing to oppose the probate of such Will, such proceedings were
thereupon had, that the Surrogate took the proof of said Will hereinafter set
forth, upon this fifth day of January A.D. 1867 and adjudged 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:

                             WILL.

In the name of God, Amen.

     I, Ebenezer Hartt senior, of the town of Batavia, in the County of
Genesee, and State of New York, of the age of eighty four years, and being of
sound mind and memory, do make, publish, and declare this my last Will and
Testament, in manner following, that is to say

     I give and bequeath, and devise to my children, Ebenezer Hartt Junior,
Leonard W. Hartt, Mary Jesseph, wife of E.L. Jesseph, and to Emma Hartt, widow
of Samuel Hartt, deceased, and her son Andrew Hartt, all my estate, real and
personal as follows.

     To Ebenezer Hartt, Junior     One Fourth

     To Mary Jesseph,    One Fourth

     To Leonard W. Hartt One Fourth

     To Emma Hartt, and Andrew Hartt, widow and son of Samuel Hart, Deceased,
One Fourth, to be divided equally between them, share and share alike.

Genesee County-Surrogate's Court.

It appearing upon the proofs duly taken in respect to the Last Will and
Testament of Israel Frink, late of the Town of Alexander in the said County of
Genesee, deceased, that the said Will was duly executed, and that the said
Israel Frink at the time he executed the same, was in all respects competent
to devise real and bequeath personal estate, and not under restraint; and the
probate of said Will having been duly stamped as required by the laws of the
United States, the said Last Will and Testament, and the said proofs and
examinations and the said stamp, are hereby recorded, signed and certified by
me, pursuant to the provisions of the Revised Statutes and laws of this State,
this 24th day of December in the year of our Lord one thousand eight hundred
and sixty six.

     (signed) Moses Taggart, SURROGATE.