WILL: Elijah Houghton; ANTWERP, Jefferson co., NY surname: Houghton, Roberts, Weston, Rouse, Cross, Webster, Smith, Brown, Dormoueed, Hackley, Scott, Gross, Bearup, Stone submitted by VERA MAE RUDD-YOUNG (vruddyoung at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: April 12, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.3 Kb ************************************************ Source: sampubco.com Jefferson County, NY Will Book Vol 31 page 229 Written: March 15, 1879 Recorded: March 1, 1893 The Last Will and Testament of Elijah Houghton, DECEASED. Be it Remembered, That heretofore, to wit: on the 7th day of January in the year of our Lord, one thousand nine hundred, and ninety three William Houghton of Antwerp Jefferson County New York Executor named in the Last Will and Testament of Elijah Houghton late of the Town of Antwerp in the County of Jefferson, deceased, appeared in open Court before the Surrogated 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 Executors legatees & devises heirs at law and next of kin of the said testator, and their respective residences, and they are as follows, viz: Elijah Houghton of Antwerp Jeff Co N.Y. P. O. Theresa Jeff Co N.Y.- Betsey Roberts of Zeusanlle Boone Co Iowa Otis D. Houghton of Coon Rapids Carroll County Iowa Orville Houghton Madrid Boone Co Iowa William Houghton Antwerp P.O. Theresa Jeff Co N.Y. being all of the living children of said testator- and are all of full age John Weston of Antwerp P.O. OxBow Jeff Co N.Y. Georgie Rouse of Black River Jeff Co N.Y. being all of the children of Abagail Weston a deceased daughter of testator who died prior to the death of testator said persons are both of full age Sherman S. Cross of Antwerp P.O. Antwerp Jeff Co N.Y. Nettie Webster of Felts Mills Jeff Co N.Y. Nellie Cross of Antwerp P.O. Antwerp Jeff Co N.Y. Sherman and Nettie are both 21 & Nellie is a minor over 14 years of age and are all of the children of Elsie Cross a deceased daughter of testator who died prior to death of her father Ella L. Smith of Coon Rapids Carroll County Iowa Minnie Brown of " James Houghton P. O. Madrid Boone Co Iowa Rollie E. Houghton P.O. Coon Rapids Carroll Co Iowa Eva Z. Dormoueed " Being all of the children of Andrew Houghton a deceased son of testator who died prior to death of his father. All except Rollie who is a minor over 14 years of age. Harriet Houghton wife of testator named in said will died prior to death of testator. Abagail Weston was named in said will as a legatee Elijah Houghton is named in said will as a legatee Betsey Roberts is named in said will as a legatee Elsie Cross was named in said will as a legatee William Houghton petitioner and said Surrogate did thereupon issue a citation in due form of law, directed to the Executor, legatee, devisee heirs at law and next of kin of said 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 1st day of March A.D.1893 to attend the Probate of said Will & afterwards, to wit: 1st day of March A.D. 1893 satisfactory evidence by affidavit was produced Thereafter said Surrogate of the due service of said Citation in the mode prescribed by law & thereupon said Surrogate duly appointed Mills A. Hackley Esq. Atty as residing at Bellville in said county, Special Guardian of Each one & all of the above named infants for the sole purpose of appearing for them herein and taking care of their inspection interests herein said Special Guardian immediately appeared in person before said Surrogate , 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 1st day of March A.D., 1893 and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proof's thereof to be sufficient, which said Last Will and Testamentand proofs, are hereinafter recorded in this book. Ross C. Scott Surrogate. Elijah Houghton's Estate ~Will~ I, Elijah Houghton of the Town of Antwerp County of Jefferson and State of New York being of sound mind and memory do make publish and declare this my last will and testament in the manner and form following that is to say: First I do hereby provide order and direct that after my death my executor shall pay out of my estate all my just and lawful debts and provide me a good and suitable Christian burial Second I do give and bequeath to my beloved daughter Abigail Weston the sum of nine hundred dollars. Third I do give and bequeath to my beloved son Elijah Houghton Jr. the sum of nine hundred dollars. Fourth I do give and bequeath to my beloved daughter Betsey Roberts the sum of nine hundred dollars. Fifth I do give and bequeath to my beloved daughter Elsie Gross thesum of nine hundred dollars. Sixth And I further provide order and direct that each of the legacies herein before provided shall be paid by my executor out of my estate but that they shall not; nor shall any of them become due and payable until the expiration of five years after the death of myself, and my beloved wife Harriet and I do hereby make and declare the aforesaid legacies and bequests to be a charge and lien upon my Real Estate but they shall not nor any of them shall draw interest until they become due and payable as in this item provided Seventh And I do give bequeath and devise unto my beloved wife, Harriet all of the income use and profits of all my estate both Real and personal ( if she survives me) for and during her natural life. Eighth And I do bequeath and devise to my beloved son William Houghton of the Town of Antwerp aforesaid all the rest residue remainder and remainders of my property and estate both real and personal to have and to hold to himself his heirs and assigns forever Ninth And I do further declare that I have heretofore made advances to, or for, the benefit of my sons, Andrew Otis D. and Orville Houghton , and have made provisions not contained in this instrument, for the payment of further sums to the said Andrew and the said Otis D. which advances and provisions constitute all the provisions I desire or intend to make for them respectively Tenth I do hereby nominate and appoint my said son William Houghton executor of this my last Will and Testament hereby revoking all former wills made by me signed & sealed by me March 15, 1879 Elijah Houghton SS The foregoing Instrument & consisting of one sheet was at the date thereof signed sealed published and declared by Elijah Houghton the testator as and for his last will and Testament in our presence who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto D. Bearup of Theresa Jeff. Co. NY Loren Stone of Theresa Jeff Co NY SURROGATE'S COURT. IN THE MATTER OF PROVING THE LAST WILL and TESTAMENT of Elijah Houghton DECEASED Jefferson County, ss. David Bearup of Theresa Jefferson County NY and Loren Stone of Theresa Jefferson County NY 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 Elijah Houghton late of the Town of Antwerp in the County of Jefferson, and State of New York, deceased. And these deponents so further say that the said Elijah Houghton 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 15th day of March one thousand eight hundred and seventy nine 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 1st day of March 1892 David Bearup Loren Stone Ross C. Scott Surrogate Jefferson County, ss. It appearing upon the proofs duly taken in respect to the last Will and Testament of Elijah Houghton late of the Town of Antwerp in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Elijah Houghton 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 1st day of March A.D. 1893 Ross C. Scott------------Surrogate. appearing in the length of the right margin of page 229---- # is the residuary legatee & devisee named in said will and said persons with said Harriet,deceased, Consitute all of the legatees & devisees named in said will. Additional Comments: Transcribed from SAMPUBCO copy by V. Ruddyoung First draft transcribed from probated will February 11, 2006, wife of second great grandson