WILL: Hiram Ray; LeRay, Jefferson Co., NY Surname: Ray, Graves, Sixbury, Rulison, Beckwith, Petrie, Ballard, Evans Submitted by Lois B. Morrill (loisbrlmrl @ erols.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. *********************************************************************** Will from Jefferson Co. Courthouse, Watertown, NY Will Book Vol 16, pages 624-629 LAST WILL AND TESTAMENT OF HIRAM RAY deceased BE IT REMEMBERED, That heretofore, to wit: on the 21st day of October in the year of our Lord one thousand eight hundred and Seventy Six Catharine Ray Ann M Graves Maria E Sixbury Martha Rulison Belle Beckwith and Frances Ray widow & children & next of kin & heirs at law of Hiram Ray 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 last Will and Testament and codicil thereto annexed of said Hiram Ray deceased and immediately proved: and in such application the said Surrogate did ascertain by satisfactory evidence who were the Widow heirs at law and next of kin of the said testator, and their respective residences, and they are as follows: Viz. Catharine Ray widow of said testator of LeRay aforesaid and Martha Rulison of LeRay aforesaid- Ann M. Graves of City of Watertown both of Jefferson County aforesaid- Maria E Sixbury and Frances Ray of Lowville Lewis County New York and Belle Beckwith of Chateaugua [Chateaugay] Franklin County NY Children of said testator all of full age, and being the above named petitioners - and inasmuch as said petitioners did in and by their said petition pray said Surrogate that he would immediately proceed to take the proofs of said will, thereupon that the said Surrogate took the proofs of said Will & Codicil hereinafter set forth, upon this 21st day of October A.D. 1876, and he thereupon adjudged the said Will and codicil to be a valid Will & codicil of Real and Personal Estate, and the proofs thereof to be sufficient, which said last Will and Testament & codicil and proofs, are hereinafter recorded in this book. W.W.Taggart Surrogate HIRAM RAY ESTATE -- WILL -- I Hiram Ray of the town of Leray, County of Jefferson and State of New York of the age of Seventy-years and upwards do make publish and declare this my last Will and Testament in manner following that is to say. First - I give devise and bequeath unto my friend George Petrie and my brotherinlaw Milton Ballard whom I hereinafter appoint my Executors all my property real and personal of any kind and description, legal or equitable in trust nevertheless to and for the following uses trusts and purposes to wit - after payment of all my just debts and funeral expenses I order and direct my said Executors to invest the sum of fifteen hundred dollars in bond and Mortgage upon unincumbered real estate of the value of at least the sum of three thousand dollars and annually to pay over unto my wife Catharine Ray so much of the nett inCome and proceeds of the same as in the judgment of my said executors shall be necessary added to the fruits of her own labor to enable her to live comfortably and in a Manner Corresponding to the style of life in which she has been accustomed to live and to continue such payments so long as she shall live or until she shall marry again, but if she shall marry again or if from any other cause such income shall not be necessary to her support and maintenance in the judgment of my said Executors to whom I give a discretionary power then the above bequest to cease be revoked and become inoperative - I make this provision in behalf of my said wife in lieu of dower and all other claim upon my estate not only to provide her a reliable income in case of need but also to protect her from the accidents of business and the recklessness of friends and if not as liberal as might seem appropriate it must be remembered that my property is largely the products of the joint industry of myself and former wife the mother of my children to whom I leave the balance of my Estate and who also aided in its accumulation and when I must be just before being generous to another. If by reason of sickness or any unforseen Calamity the above provision in behalf of my said wife shall be insufficient then I rely upon the generosity of my children to provide her with all necessary comforts and nursing Consistent with the simplicity and plain manner in which we have been accustomed to live. Second - All the rest residue and remainder of my said Estate I order and direct my Executors so soon after my decease as may seem practicable subject however to the limitations Conditions and restrictions hereinafter imposed to sell and convert into money and to divide the proceeds thereof equally between my five daughters -Viz Ann M Graves Maria Sixbury Martha Rulison Belle Beckwith and Frances Ray share and share alike, and I do specially desire and advise that my said daughters so long as they may live keep the same and the whole thereof invested in their own names, retain exclusive and complete control of the same and never suffer any part to become subject to the accidents of business or endangered by becoming surety for others. If any of the Securities that shall come to the hands of my said Executors or any property the outgrowth of such securities shall not be available in market at its or their par value and the same shall actually be paying lawful interest annually then my said Executors shall not sell such security or property until after the lapse of five years after my decease and at no time shall my said Executors sell any security or property Coming to their hands as such Executors at less than its actual par value reconed as such sum as the same shall be actually paying lawful interest annually. Lastly I nominate and appoint the said George Petrie and Milton Ballard hereinafter named to be the Executors of this my last Will and testament hereby revoking All and Every former Will or Wills by me made. Witness my hand and Seal the 8th day of June 1876 Hiram Ray (LS) The forgoing instrument was at the date thereof by the said testator in our presence signed sealed published and declared as and for his last will and testament and we at the same time and in his presence and in the presence of each other at his request subscribed our names as witnesses thereto -- Philip Helmer Evans Mills NY Jonas Petrie, Jr Evans Mills NY HIRAM RAY ESTATE, -- CODICIL -- Whereas I Hiram Ray of the town of Leray County of Jefferson and State of New York having made published and declared a last will and testament bearing date June 8 1876 in and by which I devised all my property real and personal unto George Petrie and Milton Ballard as trustees & for benefit of the Legatees therein named and also nominated and appointed them the said Petrie and Ballard Executors of said will - Now therefore having become desirous of changing said Trustees and Executors - I do hereby by way of Codicil to said Will revoke said Will as to appointment of said Ballard as such Trustee and Executor and I do hereby nominate and appoint my Son inlaw Sidney A. Sixbury as such trustee and also as Executor of said Will in place and stead of said Ballard and I do hereby ratify and Confirm said Will in its provisions except as to the Change of Trustee and Executor as herein provided. Witness my hand and Seal this 25th day of August 1876. Hiram Ray (LS) The foregoing instrument or codicil to will was at the date thereof duly signed sealed published and declared by the said testator in our presence as and for a codicil to his last will and testament and in at his request and in his presence and in presence of each other subscribed our names as witnesses thereto. Philip Helmer Evans Mills NY Jonas Petrie, Jr Evans Mills NY HIRAM RAY ESTATE -- PROOFS -- SURROGATE'S COURT: IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF HIRAM RAY DECEASED. JEFFERSON COUNTY, SS Philip Helmer of LeRay in said County and Jonas Petrie Jr of the same place being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say that are subscribing witnesses to the last Will and Testament of Hiram Ray late 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 Hiram Ray deceased, did, in the presence of each of these deponents sign 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 8thday of June one thousand eight hundred and Seventy Six. 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 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 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 the said deceased. Philip Helmer Jonas Petrie Subscribed and Sworn to before me, this 21st day of October 1876 W.W. Taggart Surrogate. SURROGATE'S COURT. In the Matter of Proving the LAST WILL and TESTAMENT of HIRAM RAY Deceased Jefferson County, SS. Philip Helmer of LeRay in said County and Jonas Petrie Jr of the same place being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say that they are the subscribing witnesses to a Codicil to the last Will and testament of Hiram Ray late 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 Hiram Ray 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 Codicil to the last Will and Testament of the said deceased, and which bears date on the 25th day of August one thousand eight hundred and Seventy Six. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to be a Codicil to 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 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 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 the said deceased. Subscribed and sworn to before me this 21st day of October 1876 Philip Helmer Jonas Petrie Subscribed and Sworn to before me, this 21st day of October 1876 W.W. Taggart Surrogate. Jefferson County, SS. It appearing upon the proofs duly taken in respect to the last Will and Testament & Codicil thereto of Hiram Ray late of the town of LeRay in the County of Jefferson and State of New York, deceased, that the said Will and Testament & codicil and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the Provisions of the Revised Statutes, this 21st day of October A.D., 1876. W.W. Taggart Surrogate. Notes: 1850 Census: LeRay p122, #239/242 - Ray, Hiram 44 farmer bNY, Charles 9, Rhoda 42 bNY, Ann 17, Maria 14, Martha 12, Mary B [Belle] 7.* [Is "my brotherinlaw Milton Ballard" the brother of Hiram's spouse at his death in 1876: Catharine Ray? or of Rhoda: spouse in 1850? *Source: Jefferson Co NY rootsweb 1850 Census