WILL: Orville W. Baker; Hounsfield, Jefferson co., NY Surnames: Dorchester, Maxon, Baker, Reed, Smith, Graham submitted by Evelyn Bayna (ebayna @ ucsd.edu) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Evelyn Bayna Jefferson County, New York Will Book Vol. 38, page 726 The Last Will and Testament of Orville W. Baker DECEASED Be it Remembered, That heretofore, to wit: on the 16th day of December in the year of our Lord, one thousand eight hundred and ninety-nine Willis P. Reed of the town of Brownville Jefferson County N.Y. one of the Legatees named in the last Will and Testament of Orville W. Baker late of the town of Hounsfield 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: Chloe A. Dorchester Sister Rices Jeff Co N.Y. Sarah D. Maxon " " " " Maria A. Baker " " " " Lucy D. Reed " Hubbards Mich Fred M. Smith Nephew Fort Wayne Indiana John B. Smith " Rices Jeff Co N.Y. DeEsting A. Smith " " " " Sarah Graham Sister-in-Law Sacketts Harbor N.Y. Willis P. Reed Foster Son Dexter N.Y. All of full Age 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 30th Day of December A.D. 189 9 , to attend the Probate of said Will and afterwards, to wit, said proceeding having been duly adjourned to the 5thday of January A. D. 1900 and on that day And afterwards, 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 herein set forth, upon this 5th day of January 1900 And he thereupon adjudged the said Will to be a valid Will of Real and Personnel Estate, and the proofs thereof to be sufficient, which said last Will and Testament and proofs, are hereinafter recorded in this book. C.L. Adams Surrogate Orville W. Baker's Estate Will In the name of God: Amen: I Orville W. Baker of the Town of Hounsfield in the 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 manner following that is to say: First - I direct that all my Just debts and funeral expenses be paid. Second - I direct that my executor pay to my sisters or their heirs the following sums, that is to say: to Chloe A. Dorchester or her heirs $100 (one hundred dollars) to the heirs of my deceased sister Zelpha a Smith One hundred dollars ($100) to Sarah D. Maxon or her Heirs one hundred dollars ($100) to Lucy D Read or her heirs, one hundred dollars ($100) and to Maria A. Baker one hundred dollars ($100). Third - All the balance and residue of my real and personal property of whatever name or nature, that I may be possessed of at the time of my death, I give and bequeath to my foster son Willis P. Reed or his heirs with the exception viz: That he pay or cause to be paid from my Estate the sum of one hundred dollars ($100) to Mrs. Sarah Graham or here heirs in consideration of her kindness in caring for and helping my wife during her last illness. Lastly, I hereby appoint Willis P, Reed 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 the 24th day of October in the year of our Lord one thousand eight hundred and ninety nine. Orville W. Baker (L.S.) We, whose names are hereto subscribed, Do Certify that Orville W. Baker the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the Execution thereof, which we hereby do in the presence of the testator and of each other, on the day of the date of the said Will, and write opposite our names our respective places of residence. Francis D. Green residing at Hounsfield Jeff. Co N.Y. Emma H. Green residing at Hounsfield, Jeff. Co N.Y. SURROGATE'S COURT IN THE MATTER OF PROVING The Last Will and Testament of Orville W. Baker DECEASED Jefferson County, SS. Frances D. Green of Hounsfield N.Y and Emma Green of Hounsfield N.Y. being first duly sworn in open Court, upon their several corporeal oaths, each for himself and herself doth depose and say that they are subscribing witnesses to the last Will and Testament of Orville W. Baker late of the town of Hounsfield in the County of Jefferson, and State of New York, deceased. And these deponents do further say that the said Orville W. Baker 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 24th day of October one thousand eight hundred and Ninety nine. That the said deceased did, at the time of subscribing his name to the said instrument, declare the same to be his last Will and Testament; and these deponents did thereupon subscribed 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 & her name to said instrument in the presence of said deceased. Subscribed and sworn to before me this 5th Frances D. Green Day of January 1900189 Emma H. Green C. L. Adams Surrogate Jefferson County, ss. It appearing upon the proof's duly taken in respect to the last Will and Testament of Orville W. Baker late of the town of Hounsfield in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Orville W. Baker 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 5th day of January A.D. 189 1900. C.L. Adams, Surrogate