WILL: Randall Barnes; Watertown, Jefferson co., NY surname: Barnes, Stewart submitted by Donna Barnes (barnesd @ chartermi.net) ************************************************************************ 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.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO, copied by Donna Barnes Jefferson Co., NY, Will Book , Vol. 19, page 311 The Last Will and Testament of Randall Barnes, deceased Be it Remembered, That heretofore, to wit: on the Sixth day of November in the year of our Lord, one thousand eight hundred and Seventy nine Alexander Kanady of Evans Mills Jefferson County, New York one of the Executors named in the last Will and Testament of Randall Barnes late of the city of Watertown 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 heirs at law and next of kin of the said testator, and their respective residences, And they are as follows Viz Asa R. Barnes of Auburn, N.Y. and Anna W. Barnes and Harvey W. Barnes of LeRay Jefferson County, NY and Reuben S. Barnes of Chicago, Illinois Children of said testator all of full age except Anna W. who is a minor over 14 years of age having no General Guardian - and Ada W. Stewart a daughter of Wealtha M. Stewart a deceased daughter of said testator who was living a the time of testators death but who died intestate on Sept 13/79 leaving as her sole next of kin and heir at law her father Wayne Stewart of LeRay aforesaid of full age And Eliza Barnes of City of Watertown aforesaid of full age widow of testator and said Surrogate did thereupon issue a citation in due form of law, directed to the widow and heirs at law and next of kin of said testator by their respective names, stating their respective places of residence and requiring them to appear before said Surrogate at his office in the City of Watertown in said county, on the 6th day of December A.D., 1879, to attend the Probate of said Will and afterwards to wit on the 6th day of December AD 1879 satisfactory evidence was produced and presented to said Surrogate of the one service of said citation in the mode proscribed by law and thereupon said Surrogate duly affirmed William F. Porter, Esq. of said City of Watertown Special Guardian of said above named infant Anna W. Barnes for the sole purpose of appearing for her and taking care of her interests in this matter, said Special Guardian immediately appeared in person before said Surrogate and no one appearing to oppose the probate of said last will and testament such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth upon said 6th day of December AD 1879 and upon this 10th day of December A.D., 1879 to which day and date said matter was duly adjudged 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. Ross C. Scott, Surrogate Randall Barnes Estate Will In the Name of God Amen I Randall Barnes of the city of Watertown New York being of sound mind and memory and considering the uncertainly of this frail and transitory 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 wife Eliza Barnes all the personal property belonging to me now in ?? No 36 in the Commercial block in said city and now occupied by me as a residence To my son Asa Barnes I give and bequeath a god watch. All the rest and residue of my estate both real and personal I give and devise to my said wife Eliza and my daughter Anna Barnes to be equally divided between them share and share alike. Likewise I make constitute and appoint Alexander Kanady and Fred Waddingham of Evans Mills N.Y. to be executors of this my last Will and Testament. I hereby authorize them to sell and convey my real estate hereby revoking all former Wills by me made. In Witness whereof I have hereunto subscribed my name and affixed my seal the 4th day of September in the year of our Lord one thousand eight hundred and seventy nine. Randall Barnes {L.S.} The above written instrument was subscribed by the said Randall Barnes in our presence and acknowledged by him to each of us and he at the same time dictated the above instrument so subscribed to be his last Will and Testament: and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other; and written opposite our names our respective places of residence. W. W. Taggert of the City of Watertown, N.Y. J. C. Winslow ? Watertown Jeff Co N.Y. State of New York}Surrogate’s Court Jefferson County } Before Ross C. Scott, Surrogate. In the matter of proving the Will of the real and personal estate of Randall Barnes, deceased. County of Jefferson, SS William W. Taggart of the City of Watertown in said County, being first duly sworn, deposeth and saith that on the 4th day of September 1879 at Watertown aforesaid, he saw Randall Barnes deceased, subscribe the instrument now shown to this deponent, and which purports to be the last will and testament of Randall Barnes late of the city f Watertown in said county, deceased, bearing date the 4th day of September in the year of our Lord, one thousand, eight hundred and Seventy nine That on the day of the date aforesaid, and at the time of signing the same, he heard the said Randall Barnes declare the same to his last will and testament, and that he this deponent, and John C. Winslow the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Randall Barnes and of each other, that at the time thereof, the said Randall Barnes was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a will. Sworn this 6th day of William W. Taggart December 1879 Ross C. Scott, Surrogate. State of New York} Surrogate’s Court Jefferson County } Before Ross C. Scott, Surrogate, In the matter of proving the Will of the real and personal estate of Randall Barnes deceased. County of Jefferson, SS John C. Winslow of the City of Watertown in said County, being first duly sworn, deposeth and saith that on the 4th day of September 1879 at Watertown aforesaid, he saw Randall Barnes deceased, subscribe the instrument now shown to this deponent, and which purports to be the last will and testament of Randall Barnes late of the city f Watertown in said county, deceased, bearing date the 4th day of September in the year of our Lord, one thousand, eight hundred and Seventy nine That on the day of the date aforesaid, and at the time of signing the same, he heard the said Randall Barnes declare the same to his last will and testament, and that he this deponent, and William W. Taggart the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Randall Barnes and of each other, that at the time thereof, the said Randall Barnes was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a will. Sworn this 10th day of J. C. Winslow December 1879 Ross C. Scott, Surrogate. Jefferson County, SS. It appearing upon the proofs duly taken in respect to the last Will and Testament of Randall Barnes late of the City of Watertown in the said county of Jefferson and State of New York, deceased, that the said Will was duly executed and that the said Randall Barnes 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 10th day of December A.D., 1879. Ross C. Scott Surrogate