WILL: Daniel Pitcher; Martinsburg, Lewis co., NY Surname: Pitcher, Green submitted by Wendy Fjelstad (fjelly @ chorus.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Wendy Fjelstad Lewis County Will Book Vol. E page 79 At a Surrogate's Court held at the County Judge's office at the Village of Lowville, Lewis County on the Sixth day of July, A. D. 1863 Present Henry E. Turner, Lewis County Judge In the matter of the Proving of The Last Will and Testament of Daniel Pitcher, deceased Be it remembered that on the 12th day of May, 1863, personally appeared in open court, before the County Judge of Lewis County, Marcellus D. Pitcher of Martinsburgh, Lewis Co. a son and Legatee of Daniel Pitcher, late of Martinsburgh aforesaid, deceased, and presented the Last Will and Testament of the said Daniel Pitcher, deceased and his petition duly verified praying that said Last Will and Testament might be admitted to probate and Letters Testamentary issued thereon to Rebecca Pitcher and Horatio Hough as the executrix and executor thereof. And said County Judge being satisfied as to the truth of said petition and application, and having ascertained the names and respective places of residence of the heirs and next of kin of said Testator, and it appearing that Cyrus Green one of said heirs was a minor having no general guardian, said County Judge did by an order duly entered, appoint C. E. Stearns, Esp Special Guardian of said minor, as provided by law for the purpose of taking care of the interests of said minor and appearing in his behalf. After which a further offer was made and entered by said County Judge directing that a Citation issue out of and under the Seal of said Surrogate Court, directed to and requiring the persons therein named to appear at the Village of Lowville, Lewis, Co on the 6th day of July, 1863 at 10 o'clock am of that day and attend the probate of said last Will and Testament. On said last named day and at said last named place the executrix of the said last Will appeared before said County Judge and produced said Last Will and Testament, and the proof of the due execution and validity thereof, and no one appearing in opposition thereto, said County Judge did immediately hear that proof of the execution and validity of said Last Will and testament and did thereupon adjudge the proof of the due execution and validity of said last Will to be sufficient and that the same was last Will and Testament of the said Daniel Pitcher, deceased and did order that the same be admitted to record and probate. Said Last Will and proof, being recorded as follows, Co- wit: Lewis County Sr: Timothy Lake of Martinsburgh being duly sworn and examined in open court, testified that he was well acquainted with Daniel Pitcher deceased and had been for the last 40 years immediately preceding his death: that he died in the month of April last at Martinsburgh in the County of Lewis which was the place of his residence at the time of his death: that he saw the said Testator sign the papers here offered to the be proved, recorded and admitted to probate, as the Last Will and Testament of the said Daniel Pitcher deceased on the day the same bears date, (the seal having been previously affixed) that this deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at his request and in the presence of David Miller who also at the same time signed the same as a subscribing witness in the presence of the Testator and at his request and in the presence of this deponent Timothy Lake: that the said Testator at the time has signed the said will, then and there, in the presence of this deponent and the presence of the other subscribing witness published and declared the same as and for his last Will and Testament and this deponent further says that the said Testator at the time he so signed, published and declared the same or aforesaid, was of sound and disposing mind and memory of full age and not under restraint, and capable of devising real and personal estate. Timothy Lake Sworn to before me in open court July 6 1863 Henry E. Turner Lewis County Judge Lewis County Sr: Timothy Lake of the town of Martinsburg, being duly sworn and examined before the Count Judge of Lewis County, doth depose and say that he was well acquainted with David Miller, late of Martinsburg, deceased, and with his hand writing, having frequently seen him write and that he was present when the said David Miller wrote his name "David Miller" as a subscribing witness to the instrument now produced and shown this deponent, dated May 10, 1856 and saw him so subscribe and sign his name thereto on said 10th day of May 1856, and that he knows the said signature of said David Miller, and that said Miller is now deceased. Timothy Lake Sworn to before me in open court July 6 1863 Henry E. Turner Lewis County Judge The foregoing proof and examination taken before me, the County Judge aforesaid, at the time and place first mentioned and the deposition of the witness was by him but subscribed after having been carefully read over to him; and I, the said County Judge, being satisfied upon the said proof taken that the said will is genuine and valid, and was legally executed; that the said Testator at the time of executing the same was in all respects competent to devise real and personal estate and not under restraint, do therefore allow the said will to be admitted to probate, and the said will, proofs and examinations to be recorded. Witness Henry E. Turner County Judge aforesaid, the day and year first aforesaid. Henry E. Turner Lewis County Judge Will: I Daniel Pitcher of the town of Martinsburgh County of Lewis and State of New York do make and publish this my Last Will and Testament. First: I give and devise unto my beloved wife Rebecca Pitcher one equal undivided third part of all my real estate with the appurtenances and the rents, issues and profits thereof for and during the time of her natural life and from and after the decease of my said wife, I give and devise the same to my son Marcellus D. Pitcher and to his heirs and assigns forever. Also I give and bequeath unto my said wife Rebecca Pitcher all my household goods and furniture of every description and kind soever. Also I give and bequeath unto my said wife Rebecca Pitcher, Seventy dollars annually during her natural life, payable half yearly from the day of my decease: which said Legacies given to my said wife aforesaid I hereby declare is intended to be and is so given to her in full satisfaction and recompense of and for her dower and thirds which may or can in any wise claim or demand out of my estate. Second: All the rest and residue and remainder of all my estate and effects real and personal whatsoever, and wheresoever situated, not therefore otherwise effectually disposed of (after the payments of my debts and Legacy to my wife and funeral expenses) I do give, devise and bequeath to my said son Marcellus D. Pitcher, to have and to hold to him the said Marcellus D. Pitcher his heirs and assigns forever. Third: I do hereby appoint my said wife Rebecca Pitcher executrix and Horatio Hough of Martinsburgh, executor of this my last will and testament, hereby revoking all former wills or wills by me heretofore made. In witness whereof, I have hereunto set my hand and seal this tenth day of May in the year of our Lord one thousand eight hundred and fifty six. Daniel Pitcher (L.S.) The above instrument consisting of but one page was at the date thereof, subscribed by Daniel Pitcher the Testator in our presence and was declared by him at the same time to be his Last Will and Testament and so at his request and in his presence and in the presence of each other have signed our names hereto as witnesses. David Miller residing in Martinsburgh NY Timothy Lake, Martinsburgh Lewis County Recorded the preceding Last Will and Testament of Daniel Pitcher deceased as a Will of Real and Personal estate together with the proof taken in the surrogates Court of said County, relating to said last Will; which said record is hereby signed and certified by me pursuant to the revised Statues of the State of New York, this Sixth day of July A. D. 1863. Henry E. Turner Lewis County Judge