WILL: William R. Hitchcock; Ellisburgh, Jefferson co., NY surnames: Hitchcock, Gardiner, Grimshaw, Cox submitted Feb 2002 by Laura Balluff (laura-b@swbell.net). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Transcribed by Laura Balluff (laura-b@swbell.net), April 2001 Jefferson County, NY, Wills, Vol. 32, Page 297 I don't have a lot of information on William R. Hitchcock, other than he died before 3 February 1897 and that married into the HILL family which I am researching. His wife was Clarinda Hill, daughter of Jedediah Hill Jr. and Susanna Case. Clarinda was born in about 1823 and resided in Jefferson County, NY, until her death in Mannsville, NY, on 6 September 1905. ***************************** The Last Will and Testament of William R. Hitchcock, Deceased. Be it Remembered, That heretofore, to wit: on the 3rd day of February in the year of our Lord, one thousand eight hundred and ninety Seven, Clarinda Hitchcock of the town of Ellisburgh Jefferson County N.Y. one of the Executors named in the Last Will and Testament of William R. Hitchcock, late of the Town of Ellisburgh 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 heirs at law and next of kin of the said testator, and their respective residences, and they are as follows, viz: Clarinda Hitchcock, widow, Mannsville N.Y. Mary Etta Gardiner, Daughter, Mannsville N.Y. Dora Grimshaw, Daughter, Mannsville N.Y. Wm. L. Cox, Grandson, Mannsville N.Y. Maud Hitchcock, Granddaughter, Lorraine N.Y. and said Surrogate did thereupon issue a citation in due form of law, directed to the heirs at law and next of kin 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 23rd day of February A.D., 1897, to attend the Probate of said Will and afterwards to wit on the 23rd day of February A.D. 1897 Satisfactory evidence by affidavit was produced and presented to said Surrogate of the due services of said Citation in the mode provided by law and said Surrogate having duly appointed Wm. R. Grow Esq. of the Town of Lorraine special Guardian of Maud Hitchcock a minor duly served with the Citation and said Special Guardian having immediately appeared before said Surrogate. And on that day, no one appearing to oppose the probate of such Will hereinafter set forth, upon this 23rd day of February A.D. 1897 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. ***************************** William R. Hitchcock's Estate Will In the Name of God, Amen. I, William R. Hitchcock of Mannsville Jefferson County State of New York being of sound mind and memory, and considering the uncertainty 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: 1st--To my dear wife Clarinda Hitchcock the use and full control of all my Real and personal property of whatever name and Nature during her natural life and the full right to use therefrom [?] whatever she deems necessary for her support. 2nd--I further devise & bequeath that said property after the decease of my said wife be equally divided in three parts, and distributed as follows – viz: One third to my daughter Mary Etta Gardiner & one third to Dora Grimshaw and the other one third divi equally between my two grand Children William L Cox & Maud Hitchcock. Likewise, I make, constitute and appoint My said wife Clarinda Hitchcock & and my said daughter Mary Ett Gardiner to be my Executrises of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the 15th day of October in the year of our Lord one thousand eight hundred and Ninety six. Wm R. Hitchcock (L.S.) The above written instrument was subscribe by the said William R. Hitchcock in our presence, and acknowledged by him to each of us; and he at the same time declared 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. A.L. Baker, Mannsville N.Y. Chas. S. Webb, Mannsville N.Y. ***************************** SURROGATE'S COURT. In the matter of proving The last Will and Testament of William R. Hitchcock, Deceased. Jefferson County, ss. Augustus L. Baker of Mannsville N.Y. and Charles S Webb of Mannsville 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 William R. Hitchcock late of the Town of Ellisburgh in the County of Jefferson, and State of New York, deceased. And these deponents do further say the said William R. Hitchcock 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 October one thousand eight hundred and Ninety Six. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare 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 restrain 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 23rd day of February 1897 A.L. Baker Chas. S. Webb C. L. Adams, Surrogate ***************************** Jefferson County, ss. It appearing upon the proofs duly taken in respect to the last Will and Testament of William R. Hitchcock late of the Town of Ellisburgh in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said William R. Hitchcock 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 23rd day of February A.D. 1897. C. L. Adams, Surrogate