WILL: Philo F. Higgins; Springwater, Livingston co., NY 
surname: Higgins, Dwelle, Capron, Fowler, Totten

submitted by Karen E. Griffin (keg522 at aol.com) 
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Submitted Date: April 19, 2006
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Source: sampubco.com
Livingston County, NY, Will Book 17, P. 139
Written: March 20, 1876
Recorded: January 31, 1891

Transcribed From Sampubco Copy By Karen E. Griffin

Last Will and Testament of Philo F. Higgins, Deceased.  

Be it Remembered, That heretofore, to wit:  on the 31st day of January in the 
year of our Lord one thousand eight hundred and ninety Lydia A. Higgins Executrix 
named in the Last Will and Testament of Philo F. Higgins late of the Town of 
Springwater in the County of Livingston, deceased, appeared in open Court, before 
the Surrogate of the County of Livingston, 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 Flora H. Dwell, the only heir and next of kin having 
joined in the petition 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 31st 
day of January A.D. 1891, 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 Philo F. Higgins of the town of Springwater in the 
County of Livingston and State of New York of the age of fifty two and being of 
sound mind and memory do make publish and declare this my last Will and Testament 
in manner following that is to say:

  I give and bequeath unto my beloved wife Lydia A. Higgins the use and control 
of my farm which I now live on situate in said town of Springwater during her 
lifetime with the right to dispose of my said farm and apply the avails of the 
same as she shall deem best and proper and after the death of my said wife my 
said farm or the avails of it that shall remain to be given to my daughter Flora 
H. Dwelle.

  And I do hereby nominate & appoint Wilber W. Capron to be the executor of this 
my last will & testament hereby revoking all former wills by me made.  In witness 
whereof I have hereunto set my hand and seal the twentieth day of March in the 
year of our Lord, one thousand eight hundred & seventy six. -- Philo F. Higgins

  The foregoing instrument consisting of 1 sheet was at the date thereof signed 
sealed & published & declared by the said Philo F. Higgins as ____ for his last 
Will and Testament in our presence & in the presence of each other & we have 
subscribed our names as witnesses thereto.
Chas. H. Fowler
Wm. m. Totten

Codicil.
  I Philo F. Higgins, this seventh day of January in the year of our Lord, one 
thousand eight hundred and ninety one, and the sixty seventh year of my age being 
of sound and disposing mind, do hereby name and appoint my beloved wife Lydia A. 
Higgins to be executor of this my last Will and Testament hereby revoking all 
other names or appointments as said executor or executors.
Philo F. Higgins [L.S.]
Henry A. Whitfield (Witness)

Livingston County Surrogate Court.
In the Matter of Proving the last Will and Testament of Philo F. Higgins Deceased.
Livingston County,  Thos. M. Fowler of Dansville County of Livingston and State 
of New York, being duly sworn as a witness, in the above entitled matter, and 
examined on the behalf of the petitioner to prove said will, says:  That he was 
well acquainted with Chas. H. Fowler, who is a son of deponent & now resides at 
Patterson and State of New Jersey and with his manner and style of handwriting, 
having often seen him write and that he verily believes that the signature 
purporting to be his, subscribed as a witness to the instrument in writing now 
produced and shown to deponent, purporting to be the last Will and Testament of 
Philo F. Higgins deceased, bearing date the 30th day of March in the year one 
thousand eight hundred and seventy six, is the proper signature and handwriting 
of the said Charles H. Fowler.
Subscribed and sworn to before me this 31st day of January, 1891:  Thos. M. Fowler
E. A. Nash, Surrogate

Livingston County Surrogate Court.
In the Matter of Proving the last Will and Testament of Philo F. Higgins Deceased.
Livingston County,  Henry A. Whitfield of Springwater County of Livingston and 
State of New York, being duly sworn as a witness, in the above entitled matter, 
and examined on the behalf of the petitioner to prove said will, says:  That he 
was well acquainted with William M. Totten of the town of Wayland County of 
Steuben and State of New York and with his manner and style of handwriting, 
having often seen him write and that he verily believes that the signature 
purporting to be his, subscribed as a witness to the instrument in writing now 
produced and shown to deponent, purporting to be the last Will and Testament of 
Philo F. Higgins deceased, bearing date the 20th day of March in the year one 
thousand eight hundred and seventy six, is the proper signature and handwriting 
of the said William M. Totten.  Deponent further says that both said William M. 
Totten & Philo F. Higgins are dead to his own knowledge.
Subscribed and sworn to before me this 31st day of January 1891:  Henry A. 
Whitfield
E. A. Nash, Surrogate.

Livingston County Surrogate Court.
In the Matter of Proving the last Will and Testament of Philo F. Higgins Deceased.
Livingston County,  Henry A. Whitfield of Springwater County of Livingston and 
State of New York, being duly sworn as a witness, in the above entitled matter, 
and examined on the behalf of the petitioner to prove said will, says:  That he 
was well acquainted with Philo F. Higgins of the town of Springwater, County of 
Livingston and State of New York and with his manner and style of handwriting, 
having often seen him write and that he verily believes that the signature 
purporting to be his, subscribed to the instrument in writing now produced and 
shown to deponent, purporting to be the last Will and Testament of said Philo F. 
Higgins deceased, bearing date the 20th day of March in the year one thousand 
eight hundred and seventy six, is the proper signature and handwriting of the 
said Philo F. Higgins.
Subscribed and sworn to before me this 31st Day of January 1891:  Henry A. 
Whitfield
E. A. Nash, Surrogate.

Livingston County, SS.
It appearing upon proofs duly taken in respect to the LAST WILL AND TESTAMENT & 
CODICIL of Philo F. Higgins late of the town of Springwater in the County of 
LIvingston, and State of New York, deceased, that the said Will was duly 
executed, and that the said Philo F. Higgins 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 Textament & Codicil and the proofs and examinations are hereby 
recorded, signed and certified by me, pursuant to the provisions of the Revised 
Statutes, this 31st day of January A.D. 1891.
E. A. Nash, Surrogate.