Jefferson County ,Evans Mills NyArchives Wills.....Merritt, Henry D October 26, 1887 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Lucille Williams lwilliams45@cox.net August 31, 2010, 7:24 pm Source: Sampubco Written: October 26, 1887 Recorded: December 29, 1892 Will: Henry D. Merritt, Evans Mills, Jefferson Co., NY New York Will Book, Vol. 31, page 185 The Last Will and Testament of Henry D. Merritt, deceased Be it remembered, That heretofore, to wit: on the 10th day of December in the year of our Lord, one thousand eight hundred and ninety two – Fred E. Croissant 7 Evans Mills Jeff County Sole Executor named in the last Will and Testament of Henry D. Merritt late of the town of LeRay in the County of Jefferson, deceased, appeared in open Court before the Surrogate of the County of Jefferson and made application to have the said last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the Widow Executors legatees & devisees heirs at law and next of kin of the said testator, and their respective residences, and they are as follows, viz: Eliza Merritt widow of said testator of LeRay Jeff County, and William I. Merritt only child of said testator of Copenhagen Lewis County New York, and are severally of full age. Said above named persons Constitute all of the legatees & devisees named in said will, who can be now ascertained. It being now impossible to ascertain who will be the residuary legatee and devisees, show the above named legatees and devisees are deceased. Said petitioner is the sole Executor named in said will. And said Surrogate did thereupon issue a citation in due form of law, directed to the Executor legatees devisees heirs at law and next of kin aforesaid testator by their respective names and requiring them to appear before said Surrogate at his office in the City of Watertown, in said County, on the 29th day of December A.D. 1892, to attend the Probate of said Will. And afterwards, to wit: on the 29th day of December A.D. 1892, 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 on that day, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 29th day of December A.D. 1892 and he thereupon adjudged the said Will 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 hereinafter recorded in this book. Signed Ross C. Scott Surrogate ******************* Henry D. Merritt’s Estate & Will The Last Will and Testament of Henry D. Merritt of the Town of LeRay, County of Jefferson and the State of New York. I, Henry D. Merritt being of sound mind and memory aware of the uncertainty of life and the certainty of death, and desirous of making an equitable and proper disposition of my property at my decease, I do make ordain publish and declare this to be my last Will and Testament in manner and form following that is to say First After all my lawful debts and funeral expenses are paid, I give and bequeath to my wife Eliza Merritt the use of my personal property and her support of the proceeds of my real Estate that she may go and live where she may wish & shi is to have her support out of my property also to have her doctor bills paid out of the property & funeral expenses paid. Second After the death of my wife Eliza Merritt, I give and bequeath to my son William I. Merritt the use of my personal property and the proceeds of my real estate for & through his natural life and then the same to go to his children and in case he has no lawful children to go back to my nearest heirs. In case my son William I. Merritt has children at his death it shall be equally divided to them each to share alike to be theirs for ever or to dispose of as they may wish. I further wish that my son William I. Merritt should have the privilege of working my farm should he conduct the same in a good and workman like manner. I likewise make constitute and appoint Frederick E. Croissant of the town of LeRay Jeff Co. to be my executor of this my last will & Testament with full power to let the real estate receive the profits as much as if I was living of this my last Will and Testament hereby revoking all former Wills by me made. In Witness Whereof, I have herewith subscribed my name and affirm my seal the 26th day of October in the year of our Lord one thousand eight hundred and eighty Seven. Henry D. Merritt (S.S.) The foregoing instrument was at the date thereof subscribed by Henry D. Merritt the testator therein named in the presence of us and each of us. He at the time of making such subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his Last Will and Testament. Whereupon we at his request and in his presence and in the presence of each other do here subscribe our names as witnesses hereto Albert E. Helmer residing at Evans Mills, N.Y. Jacob N. Helmer residing at Evans Mills, NY *********** SURROGATE’S COURT In the Matter of Proving The Last Will and Testament of Henry D. Merritt, deceased Jefferson County, SS: Albert E. Helmer of Evans Mills Jeff Co. N.Y. And Jacob N. Helmer of Evans Mills Jeff Co. N.Y. being first duly sworn in open Court, upon their several corporeal oaths, each for himself doth depose and say that they are subscribing witnesses to the last Will and Testament of Henry D. Merritt last of the town of LeRay in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Henry D. Merritt deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument, in writing, which is now here shown to these deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the 26th day of October one thousand eight hundred and Eighty Seven. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to be his last Will and Testament; and these deponents did thereupon subscribe their own respective names at the end of said instrument as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence and in the presence of each other. That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age and a citizen of the United States. That—he appeared to be, and deponents believe—he was of sound mind, memory and understanding and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate. That each of these deponents saw the other sign his name to said instrument, in the presence of said deceased. Subscribed and sworn to before me, this 29th Jacob N. Helmer Day of December 1892 Albert E. Helmer Ross C. Scott Surrogate Jefferson County, ss. It appearing upon the proofs duly taken in respect to the last Will and Testament of Henry D. Merritt late of the town of LeRay in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Henry D. Merritt 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 and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the Provisions of the Revised Statutes, this 29th day of December A.D. 1892. Signed Ross C. Scott Surrogate File at: http://files.usgwarchives.net/ny/jefferson/wills/merritt847gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.3 Kb