PHILIP SCHLEGEL WILL, LIVINGSTON COUNTY, NEW YORK Copyright (c) 2002 by Johnna St. Clair (gjclair@optonline.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. ************************************************************************ Livingston County Surrogate's Court, Last Will and Testament of Philip Schlegel Deceased. Be it Remembered, That heretofore, to wit: on the 23rd day of March in the year of our Lord one thousand eight hundred and seventy-four George Schlegel a legatee named in the Last Well and Testament of Philip Schlegel late of the Town of Avon in the County of Livingston, deceased, appeared in open Court, before dist. atty acting Surrogate of the County of Livingston, and made application to have the said Last Weill and Testament which relates to both Real and Personal Estate, proved: and on such application the said acting Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator, and their respective residences, acting Surrogate did thereupon issue a Citation in due form of law, directed to the said heirs at law and next of kin, by their respective names, stating their respective places of residence, requiring them to appear before said acting Surrogate, at his office in the Village of Geneseo, in said County, on the 20th day of April A. D. 1874, to attend the Probate of said Will, And afterwards, to wit: on the 20th day of April A. D. 1874, satisfactory evidence by affidavit was produced and presented to said Dist. Atty. acting 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 Dist. Atty. acting Surrogate took the proofs of said Will hereinafter set forth, upon this 20th day of April A. D. 1874, and 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 as follows, that is to say: In the Name of God, Amen. I Philip Schlegel of the town of Avon, County of Livingston and 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 unto my wife Magdalena Schlegel for her to have and hold and to control and use for her benefit during her natural life all my property of whatever name or nature it may consist both personal and real of which I may die possessed. Second - Upon the death of my wife Magdalena Schlegel I first give and bequeath unto my son George Schlegel of such of my property as shall survive the death of my wife the sum of One Thousand Dollars in money and all Farm Stock consisting of Horses, Cattle, Sheep, Hogs +c., +c. of whatever name or nature together with all the Farming Utensils of which my wife Magdalena Schlegel may die possessed for him to have and to hold forever. I have thus al above provided Just for my son George Schlegel. For the reason that he has from the time he attained his majority until the date of this instrument labored for me and to my interest without receiving any compensation therefore except his lively hood and I have thus provided and thus only that he does upon the final distribution of my estate agreeably to the terms of this Instrument relinquish all claims he may have against me or my Estate on account of such service rendered as above set forth. Third - I give and bequeath unto my daughter, Eva Minkle, the sum of One Dollar. Fourth - I give unto my Grand children George Minkle, Helen Minkle, and Eunice Minkle the sum of Two Hundred Dollars each in money and in case either or any of them shall not have attained the age of Twenty one years at the final settlement of my estate I hereby constitute and appoint my Son George Schlegel "Trustee" to receive and to hold, and to use agreeable to the law in such case made and provided for their benefit the sum thus bequeathed to the Grandchildren herein before mentioned until they shall have each attained their majority. Fifth - After my Estate shall have provided for the payment or paid the several sums as herein before mentioned to the parties as herein before set forth, I give and bequeath unto my son George Schlegel and my daughter Mary B. Grinnell all the remainder of my property to be equally divided between them for them to have and to hold forever. Having made such disposition of my Property as seemeth wise and Proper in me to do, it is my further Will that upon the death of my Wife, such property as shall survive her death shall be appraised and sold agreeably to law and the proceeds thereof be distributed as herein before set forth unless my son George Schlegel and my Daughter Mary B. Grinnell shall pay unto the Grandchildren before married such sum as has been bequeathed unto them hereby and shall thereafter make sure this arrangement in the disposition of the estate as shall naturally please them to do. In which case my Executor will not sell the property, but settle the same agreeably to their pleasure. Provided the said George Schlegel and Mary B. Grinnell shall also have paid unto my Daughter Eva Minkle the sum of One Dollar as herein before given and bequeathed her. Likewise I make, constitute and appoint John W. Parker of the town of Manchester, Ontario County, New York to be the 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 Ninth Day of February in the year of our Lord one thousand eight hundred and seventy Four. Philipp Schlegel, SS The above written instrument was subscribed by the said Phillip Schlegel in our presence, and acknowledged by him to each of us: and he at the same time declared the above instrument as 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. George Grinnell - Port Gibson Ontario Co., NY Martin Snook - Port Gibson Ontario Co., NY Livingston County Surrogate's Court In the Matter of Proving the Last Will and Testament of Philip Schlegel Deceased. Livingston County, SS. George Grinnell and Martin Snook being first duly sworn, in open Court, upon their several corporal oaths, each for himself doth depose and say, that they are subscribing witness to the Last Will and Testament of Philip Schlegel late of the Town of Avon in the County of Livingston, and State of New York, deceased. And these deponents do further say, that the said Philip Schlegel deceased, did, in the presence of each of these deponents subscribe his name at the end of the instrument in writing, which is nowhere shown to these deponents, and which purports to be the Last Will and Testament of the said deceased, and which bears date on the ninth day of February one thousand eight hundred and seventy four. 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 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 20th day of April A. D. 1874 George Grinnell - Martin Snook E. A. Nash Dist. Atty acting Surrogate Livingston County, S.S. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Philip Schlegel Late of the Town of Avon in the County of Livingston, and State of New York, deceased that the said Will was duly executed, and the the said Philip Schlegel 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 20th day of April A. D. 1874. E. A. Nash Dist. Atty. acting Surrogate