WILL: Mary E. Putman; Herkimer, Herkimer co., NY surname: Putman, Wallace, Tucker submitted by Gayle Hendren (GR3808 @ aol.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.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Gayle Hendren Herkimer, Herkimer County, NY Will Book Volume 33, page 653 Last Will and Testament of Mary E. Putman. I, Mary E. Putman of the town and village of Frankfort, County of Herkimer and State of New York, being of sound mind and memory, do make this my last will and testament as follows: First: direct my lawful debts and funeral expenses to be paid. Second: I give and bequeath to my granddaughter Mrs. Grace Wallace, the sum of one thousand dollars, also the large picture of scenery in the parlor and the picture of the deer and the two pictures in the sitting room which were given by her to me, also the small mirror in the library that she gave me and my Haviland china. Third: I give and bequeath to my granddaughter Edith Putman the sum of one thousand dollars, also my pink china set, also on hundred dollars to be used by her in purchasing picture frames and artist materials or other articles as she sees fit. Fourth: I give and bequeath to my son Eugene H. Putman my silver set and all my silverware, my watch and chain, all my carpets except the parlor and sitting room carpet and all my pictures except those hereinbefore bequeathed to my grand daughter Grace Wallace. Fifth: I give and bequeath to my daughter Ella P. Tucker, my mahogany bed room suite, all my dining room furniture, all my wearing apparel and all my rings, also my parlor and sitting room carpets. Sixth: I give, devise and bequeath all the rest, residue and remainder of my property, of every name, nature and description and wherever the same may be situated to my said son Eugene H. Putman and to my said daughter Ella P. Tucker in equal shares. This devise is to include my real estate on Main Street in the village of Frankfort N.Y. and also my land in South Dakota in case I have not disposed of the same in my lifetime. Seventh: The property which I have hereinbefore given to my said son Eugene H. Putman is given to him upon condition that he survives me. In case he should not survive me I give, devise and bequeath all the property which I have hereinbefore given, devised and bequeathed to my said son Eugene H. Putman to my two granddaughters Mrs. Grace Wallace and Edith Putman in equal shares. Eight: I hereby authorize and empower my executors hereinafter named to sell, at public or private sale, any and all real estate which I may own at the time of my death and to give conveyance therefore with the same force and effect as I would do if living. Lastly, I nominate and appoint my said son Eugene H. Putman and my said daughter Ella P. Tucker to be the executors of this my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof I have hereunto set my hand this twenty fifth day of January A.D. one thousand, nine hundred and four. Mary E. Putman We whose names are hereto subscribed, Do Certify, that on the 25th day of January, 1904, Mary E. Putman the testator, subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared this same to be her last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the said date, and write opposite our names our respective place of residence. Essie R. Henderson residing at Herkimer, N.Y. A.M. Wendell residing at North Ilion, N.Y. William C. Prescott Herkimer, N.Y. I, Mary E. Putman, of the village of Frankfort, County of Herkimer and the State of New York, do make this codicil to my last Will and Testament which bears date January 25th, 1904. I direct my executors named in my said last Will and Testament to pay the Trustees of the Frankfort Cemetery Association the sum of seventy five ($75.00) Dollars, the same to be invested by said Trustees in some safe interest bearing security, the monies derived therefrom to be expended by and under the direction of the said Trustees for the perpetual care and maintenance at all times of my family plot in said cemetery in a neat and orderly manner. In Witness Whereof, I have hereunto set my hand and affixed my seal this 10th day of January 1908. Mary E. Putman (L.S.) The above codicil was on the date thereof signed, sealed, published and declared by the said testatrix, Mary E. Putman, as and for a codicil to her last Will and Testament in the presence of us and each of us and we at her request an in the presence of each other have subscribed our names hereto as witnesses. Fannie Shaub, Residing at Frankfort N.Y. James Conkling, Residing at Ilion, N.Y. I, Mary E. Putman of the Village of Frankfort in the County of Herkimer and State of New York do hereby make this Second Codicil to my Last Will & Testament which is hereto annexed & which bears date the 25th day of January 1904. First: I hereby revoke so much of the last clause or subdivision of my said last Will & Testament wherein & whereby I nominate and appoint my said son Eugene H. Putman and my said daughter Ella P. Tucker to be the executors of said Last Will & Testament and in their place and instead, I hereby nominate and appoint my friend Marcus L. Wood, of Frankfort, N.Y. to be the sole executor of my said Last Will and Testament. Second: I will order & direct my said Executor to pay to Fannie Shaub my faithful nurse the sum of Thirty Dollars ($30.00) & to her heirs & assigns absolutely & forever & the same shall be so paid within 3 months after my decease. And in addition to the said sum of $30.00 I also give to the said Fannie Shaub the picture with the bridge & house in it & which picture hangs in the sitting room next to the bedroom door. In Witness Whereof, I have hereunto set my hand and affixed my seal this seventh (7) day of February, 1908. Her Mary X Putman (L.S.) Mark We whose names are hereto subscribed do certify that on the seventh day of February, 1908 Mary E. Putman the Testatrix subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence & hearing declared the same to be a Second Codicil to her said Last Will and Testament, and requested us and each of us to sign our names there as witnesses to the execution thereof, which we hereby do in the presence of the Testatrix and of each other, on the said date and write opposite our names and respective places of residence. Wm. P. Hall Frankfort, N.Y. John R. Mixter Frankfort, N.Y. State of New York Herkimer County S.S. Surrogate's Office Be it remembered, that on the 17th day of February A.D. 1908, the Last Will and Testament and Codicils thereto of Mary E. Putman, late of the Town of Frankfort, in said County of Herkimer, deceased, bearing date, the 25th day of January A.D., 1904 and a codicil thereto bearing date January 10th 1908 and another codicil dated February 7th 1908 (being the annexed written instruments) was duly proved before George W. Ward, Surrogate of said County of Herkimer according to law, as and for the Last Will and Testament and Codicils of the real and personal estate of said deceased, which said Last Will and Testament and Codicils and the proofs and examinations taken therein are recorded in this office in Book 3 of Wills, on page 653 and following. In testimony whereof, I George W. Ward, Surrogate of said County, have hereunto set my hand and seal of office at the Surrogate's office in the Village of Herkimer, this 17th day of February A.D. 1908. George W. Ward Surrogate I, George W. Ward, Surrogate of the County of Herkimer, do hereby certify that the foregoing to be a true copy and record of the last Will and Testament and Codicils thereto of Mary E. Putman, late of the town of Frankfort in said county of Herkimer, deceased duly propounded for probate and duly proved before me and also of the proofs and examinations taken before me in relation thereto. Witness my hand at Herkimer, in said County this 17th day of February A.D. 1908. George W. Ward Surrogate Surrogates Court County of Herkimer In the Matter of Proving the Last Will and Testament Of Mary E. Putman, Deceased. Herkimer County, S.S. Essie R. Henderson of the village of Herkimer in the County of Herkimer State of New York and William C. Prescott of the village of Herkimer in the County of Herkimer State of New York being each duly sworn, do depose and say, the said Essie R. Henderson for herself that she is a subscribing witness to the last Will and Testament of Mary E. Putman late, of the town of Frankfort in said County of Herkimer, deceased; and the said William C. Prescott for himself that he is a subscribing witness to the last Will and Testament of said Mary. E. Putman, late of the said town of Frankfort and County of Herkimer, deceased; and that the said deceased did on the 20th day of January 1904, in the presence of the deponents, subscribe her name at the end of the instrument which is now shown to these deponents and which purports to be the last Will and Testament of the said deceased, and which bears date on the 25th day of January 1904; that the said deceased did at the time of subscribing name to said instrument as aforesaid, declare the same to be her last Will and Testament and these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof at the request of said deceased, and in her presence and in the presence of each other; That said deceased at the time of subscribing her name to said instrument as aforesaid, was upwards of twenty-one years of age; that she appeared to be of sound mind and memory and was not under restraint to the knowledge and belief of these deponents. Sworn, examined and subscribed before me this 17th day of January, 1908. William C. Prescott Essie R. Henderson George W. Ward Surrogate Surrogate Court County of Herkimer In the Matter of Proving the Codicil to the Last Will and Testament of Mary E. Putman, Deceased. Herkimer County, N.Y. Fannie Shaub of the town of Frankfort in the County of Herkimer and James Conkling of the town of German Flatts in the County of Herkimer, being each duly sworn in open court, on their oath do depose and say that they are the subscribing witnesses to the Codicil to the last Will and Testament of Mary E. Putman late, of the Town of Frankfort in the said County of Herkimer, deceased. And these deponents further say that the said deceased did, in the presence of these deponents subscribe her name at the end of the instrument which is now shown to these deponents and which purports to be a Codicil to the last Will and Testament of the said deceased and which bears date on the 10th day of January A.D., 1908, that the said deceased did at the time of subscribing her name to said instrument as aforesaid, declare the same to be a Codicil to her last Will and Testament; that these deponents did thereupon subscribe their own names at the end of said instrument, as attesting witnesses to the execution thereof, at the request of the said deceased, and in her presence and in the presence of each other. That the said deceased at the time of subscribing her name to said instrument as aforesaid was upwards of twenty-one years of age; that she appeared to be of sound mind and memory and was not under restraint to the knowledge and belief of these deponents. Sworn, examined and subscribed before me this 17th day of January, 1908. Fannie Shaub James Conkling George W. Ward Surrogate Surrogate Court County of Herkimer In the Matter of Proving the Codicil to the Last Will and Testament of Mary E. Putman, Deceased. Herkimer County, N.Y. William P. Hall of the Town of Frankfort in the County of Herkimer and John R. Mixter of the Town of Frankfort in the County of Herkimer, being each duly sworn in open Court, on their oath do depose and say that they are the subscribing witnesses to the Codicil to the last Will and Testament of Mary E. Putman, late of the Town of Frankfort in the said County of Herkimer, deceased. And these deponents further say that the said deceased did, in the presence of these deponents subscribe her name at the end of the instrument which is now shown to these deponents and which purports to be a Codicil to the last Will and Testament of the said deceased and which bears date on the 7th day of Febry. A.D., 1908, that the said deceased did at the time of subscribing her name to said instrument as aforesaid, declared the same to be a Codicil to her last Will and Testament; that these deponents did thereupon subscribe their own names at the end of said instrument, as attesting witnesses to the execution thereof, at the request of the said deceased, and in her presence and in the and in the presence of each other. That the said deceased at the time of subscribing her name to said instrument as aforesaid, was upwards of twenty-one years of age; that she appeared to be of sound mind and memory and was not under restraint to the knowledge and belief of these deponents. Sworn, examined and subscribed before me this 17th day of January, 1908 before me. Wm. P.Hall John R. Mixter George W. Ward Surrogate At a Surrogates Court, held at the Surrogate's Office in Herkimer, in and for the County of Herkimer, the 17th day of Febry, 1908. Present, Hon. George W. Ward, Surrogate. Surrogates Court County of Herkimer In the Matter of Proving the Last Will and Testament of Mary E. Putman, Deceased. Satisfactory proof of the waiver of the issue and service of citations to attend the Probate of the Last Will and Testament of Mary E. Putman, late of the Town of Frankfort in the County of Herkimer and State of New York, deceased, having been duly filed and James Conkling, Attorney for the proponent Marcus L. Ward, having appeared in support of the proof of the said Last Will and Testament and the Codicils thereto and after hearing the proof and allegations of the said proponent and the witnesses in support of the Probate of said Will and Codicils and the probate thereof not having been contested, and duly deliberating thereon it is adjudged and Decreed that the said Last Will and Testament and Codicils were duly executed, that the same are genuine and valid, and that the said Mary E. Putman, deceased, at the time of executing the same, was in all respects competent to make a Last Will and Testament & Codicils, and to devise real estate, and was not under any restraint and this Court doth further order and decree that the said Last Will and Testament & Codicils and the proofs and examinations taken in respect to the same, be recorded and that the said Last Will and Testament & Codicils be admitted to Probate, and that the same be and hereby is established as a Will of real and personal estate. George W. Ward Surrogate.