WILL: Mary Dana; Theresa, Jefferson co., NY
surname: Dana, 

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Source: sampubco.com photocopy
Jefferson co NY Will Book Vol. 21 page 277
Written: 31 Dec 1881
Probated: 5 Mar 1883

The Last Will and Testament of  MARY DANA
 
Be it remembered, that heretofore, to wit: on the 20th day of February in the
year of our Lord, one thousand eight hundred and eighty three Theodore F. Dana
of Theresa, Jefferson County New York Executor named in the last Will and
Testament of Mary Dana late of the town of Theresa 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 husband
heirs at law and next of kin of the said testament and their respective
residence, and they are as follows, viz   Anna Dana and Frances Dana and
Charles Dana Children of said testative all  minors under 14 years of age and
have no general guardian, and all reside in Theresa aforesaid with said 
petitioner their father, & surviving husband of said testative, and said
Surrogate did thereupon issue a citation in due form of law, directed to the
husband  heirs at law and next of kin of said testative 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 5th day of March A.D. 1883, to attend the Probate of said Will
and  afterwords  ?trial? on the 5th day of March A.D. 1883.

Satisfactory Evidence by offical was produced and ?presenter to said Surrogate
of the due service of said  Citation in the Mode prescribed by law - and
thereupon said Surrogate duly appointed  Edgar C Emerson Esq. Special
Guardian of  said above named infants for the sole purpose of appearing for
them  ?hence, said official guardian immediately appeared in person aforesaid
surrogate and afterwards, ti wit: on the  ____ day of _____ A.D.  188_
satisfactory evidence by affidavit  was produced and presented to said
Surrogate of the due service of said citation is 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
5th day of March A.D. 1883 and he thereupon adjudged the said  Will to be a
valid Will of Real and Personal Esate, and the proofs thereof tobe sufficient,
which said last Will and Testament and proofs, are hereafter recorded in this
book.
 
Signed:  Ross C Scott  Surrogate
 
Written will of Mary Dana
 
Mary Dana Estate & Will
 
In the name of God Amen
I Mary Dana of the town of Theresa, Jefferson County and State of New York do
make and publish this my last will and Testament.

First
I give and devise to my husband Theodore F. Dana all my personal and real
estate in the town of Theresa, Jefferson County New York to have and to hold
the same to him and his heirs and assign forever.

Second
I appoint my husband theodore F Dana , sole executor of this will.

In witness thereof I have hereunto set my hand and seal this 31st day of
December 1881.
      Mary Dana (LS)

Signed Sealed Published and declared by the said Testator as and for here last
will & testament in the presence of us,  who at her request & in her presence
and in presence of each other have set our names hereunto as subscribing
witnesses
 
Ann B Pickert
Sarah O'Conner
J.W. Reade
SURROGATE'S COURT
 
The Last Will  and Testament of  Mary Dana    deceased
 
Jefferson County, SS.
 
Joseph W. Reade of Alexandria in said County and Ann  B. Pickert of the same
place being first duly sworn in open Court, upon their several corporeal
oaths, each for himself & herself doth depose and say that they are
subscribing witnesses to the last Will and Testament of Mary Dana late of the
town of Theresa in the County of Jefferson, and state of New York, deceased. 
An these deponents do further say that the said  Mary Dana deceased, did in
the presences of each of these deponents, subscribe her name at the end of the
instrument, in writing which is now here shown to these deponents and which
purports to the last Will and Testament of the said deceased, and which bears
date on the 31st day of December on thousand eight hundred and Eighty One.
 That the said deceased did at the time of subscribing her name to the said
instrument as a aforsaid declared the same to be her 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 her presence, and the presence of each
other.  That the said decease, at the time of so subscribing her name to said
instrument as aforesaid, was upwards of twenty-one years of age, and a citizen
of the United States.  That she appeared to be and deponents believed she was
of sound mind, memory  and understanding, and not under restrait, and as
deponents verily believed in all respects competent to devise real estate. 
that each of these deponents saw the sign his & her name to said instrument in
the presence of the the said deceased.
 
Subscribed and sworn to before me this 5th day of March 1883
 
Signatures of:
Joseph W Reade
Ann B Pickert
 

Ross C Scott
Surrogate