WILL: Mary Dygert; Little Falls, Herkimer co., NY surname: Dygert, Ingham submitted by Nan Starjak (naela @ earthlink.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 6, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 5.6 Kb ************************************************ Source: Sampubco photocopy Cayuga co NY Will Book vol. W page 11 Written: February 7 1880 Recorded: November 14 1884 In the Name of God, Amen. I, Mary Dygert of Little Falls, Herkimer County, State of N.Y., being of sound mind and memory, and considering the uncertainty of this 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 to my niece Catharine M. Ingham my dwelling house and ground belonging thereto, situate on Main and {?} Street occupied by myself and late husband and since his death and now occupied by me. To have and to hold the same {?} said Catharine, her heirs and assigns forever. Second -- I hereby give and bequeath to my said niece Catharine M. Ingham my late husband's portrait: and all my personal property and effects of whatsoever name or nature. Likewise I make constitute and appoint said Catharine sole executrix 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 this seventh day of February in the year of our Lord one thousand eight hundred and eighty. Witness: Mary Dygert The above instrument consisting of one sheet was the date thereof subscribed by Mary Dygert the Testatrix named in the foregoing Will in the presence of us and each of us, and at the time of making such subscription the above instrument was declared by the said Testatrix to be her last Will and Testament, and each of us at the request of said Testatrix and in her presence and in the presence of each other signed our names as witness thereto at the end of the will. W. I. Skinner Residing at Little Falls, N.Y. L. L. Brainard Residing at Little Falls, N.Y. Surrogate's Court, County of Herkimer In the matter of proving the last will and testament of Dygert, Mary Deceased. Herkimer County, ss. W. I. Skinner of the town of Little Falls in the county of Herkimer State of New York, and L. L. Brainard of the town of Little Falls in the county of Herkimer State of New York being each duly sworn, do depose and say, the said W. I. Skinner for himself that he is a subscribing witness to the last Will and Testament of Mary Dygert, late of the town of Little Falls in said county of Herkimer, deceased; and the said L. L. Brainard for himself that he is a subscribing witness to the last Will and Testament of Mary Dygert, late of the town of Little Falls in said county of Herkimer, deceased; and that the said deceased did on the seventh day of February 1880, 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 the last Will and Testament of said deceased, and which bears date on the seventh day of February 1880; that the said deceased did at the time of subscribing her 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 year of age; that she appeared to be of sound mind and memory; and was not under restraint to the knowledge or belief of these deponents. Sworn, examined, and subscribed before me, this 24th day of October, 1884 Rollin H. Smith, Surrogate W. I. Skinner L.L. Brainard State of New York Herkimer County Surrogate's Office, ss. Be it remembered, That on the 8th day of November A. D., 1884, the last Will and Testament of Mary Dygert late of the town of Little Falls, in said county of Herkimer, deceased, bearing date the 7th day of February A.D., 1880 (being the annexed written instrument,) was duly proved before Rollin H. Smith, Surrogate of said County of Herkimer, according to law, as and for the last Will and Testament of the real and personal estate of said deceased, which said last Will and Testament and the proofs and examinations taken thereon, are recorded in this office in Book W of Wills, on page 11 and following. In Testimony Whereof, I, Rollin H. Smith, Surrogate of said County, have hereunto set my hand and seal of office, at the Surrogate's office in the village of Herkimer, this 14th day of November A.D., 1884. Rollin H. Smith, Surrogate. I, Rollin H. Smith, Surrogate of Herkimer County, do hereby certify the foregoing to be a true copy and record of the last Will and Testament of Mary Dygert late of the town of Little Falls in said county, deceased, 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 14th day of November A.D., 1884 Rollin H. Smith, Surrogate