WILL: Eben O. Kilby; Henderson, Jefferson Co., KY surname: Kilby, Darrin, Derrin, Simmons Copyright (c) 2001 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. 35, Page 157 Eben O. Kilby was born was born 1 September 1822 in Henderson, Jefferson County, NY, and died in the same town on 22 December 1894. He married Louisa Wilkinson on 22 August 1847 in Henderson. He is buried in Evergreen Cemetery in Henderson. His parents were Allen Kilby and Theda Darrin/Derrin. This will refers to his wife as "Lucinda," and I don't know if this indicates a second wife or if Louisa and Lucinda are one and the same. Please note that in a few places, the faded copy and old-style handwriting made it difficult to determine the exact text of these papers. Also, some spaces for dates were never filled out. ____________________________________ LAST WILL AND TESTAMENT OF EBEN O. KILBY, DECEASED Be It Remembered, That heretofore, to wit: on the 26th day of December in the year of our Lord, one thousand eight hundred and ninety four Lucinda A. Kilby, William H. Kilby, Ellen Simmons and Eben O. Kilby all of Henderson, Jefferson County and Osgood M. Kilby of Marshall Michigan who are all of full age, and constitute all of the next of kin, heirs at law and legatees and desirees named in this last will and testament of the said above named deceased, and Charles L. Simmons of Henderson aforesaid is the Executor named in the Last Will and Testament of Eben O. Kilby late of the town of Henderson 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 of the said Eben O. Kilby, deceased, in which relates to both Real and Personal Estate, immediately proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the Executor, Trustees, Legatees, Desirees, heirs at law and next of kin of the said testator, and their respective residences, and they are as follows, viz: Said petitioner Lucinda A Kilby, widow of said testator Said petitioner William H. Kilby, son of said testator Said petitioner Ellen Simmons, daughter of said testator Said petitioner Eben S. Kilby, son of said testator all of Henderson, Jefferson County, NY, (POA of each Henderson) and Said petitioner Osgood M. Kilby, son of said testator, of Marshall, Michigan P.O.A. same as residence. Each one and all after above named persons are of full age, & constitute all of the next of kin, heirs at law & legatees & desirees of the said testator. And Charles L. Simmons of Henderson aforesaid of full age is the Sole Executor named in the last will & testament of the said testator and said surrogate did thereupon issue a citation in the 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 the said County, on the ____ day of A.D. 189__ to attend Probate of said Will. And afterward, to wit: on the ____ day of ____ A.D. 189__ , satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said citation in 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 26th day of December A.D. 1894 and he thereupon adjudged the said Will to be 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. x Ross C. Scott, Surrogate ______________________________________ Eben O. Kilby's Estate Will Last Will and Testament. I, Eben O. Kilby of Henderson, Jefferson Co. N.Y. do make, ordain, publish and declare this my last Will and Testament, in manner and form following, that is to say: First - I direct the payment of my just debts, if any, and my funeral expenses. Second - Out of the rents and profits of all my real and personal estate, I direct my Executor to keep all my buildings in reasonable repair. Third - The balance of the rents and profits, use & occupation of all my real and personal property I give to my beloved wife Lucinda A. Kilby for & during the term of her natural life, unless she shall re-marry, when such use and occupation rents & profits shall terminate - This to be in lieu of dower and all charges and claims as widow of any name and nature. Fourth - At the death of my said wife, or when she shall re-marry, I give, devise and bequeath all my property, both real and personal to my children Ellen Simmons, W.H. Kilby, O.M. Kilby, and E.S. Kilby, share and share alike. Within three months after the proving of this will my said wife shall elect whether shall accept the within provision is lieu of dower and notify my executor thereof. Likewise, I make, constitute and appoint Charles L. Simmons to be executor 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 25th day of May, in the year of our Lord, one thousand eight hundred and ninety one. x Eben O. Kilby (L.S.) The above-written instrument was subscribed by the said Eben O. Kilby 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 and in his presence, and in the presence of each other, do here sign as witnesses thereto. x Charles S. Beals, Carthage, NY x Allen E. Kilby, Carthage, NY ______________________________________ SURROGATE'S COURT. The Last Will and Testament of Eben O. Kilby, deceased. Jefferson County, ss. Charles S. Beals of Carthage Jeff. Co. N.Y. and Allen E. Kilby of same place 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 Eben O. Kilby late of the town of Henderson in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Eben O. Kilby 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 25th day of May one thousand eight hundred and Ninety One. 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 instruments 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 26th day of December 1894 x Allen E. Kilby x Chas. S. Beals x Ross C. Scott, Surrogate ______________________________________ Jefferson County, ss. It appearing upon the proof's duly taken in respect to the last Will and Testament of Eben O. Kilby late of the town of Henderson in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Eben O. Kilby at the time he executed the same, was in all respects competent to devise real estate, and no 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 26th day of December A.D. 1894. x Ross C. Scott, Surrogate