WILL: Mary A. Salisbury; Madison, Madison co., NY surname: Salisbury, Kennedy, Van Ackerman, Wilcox submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.5 Kb ************************************************ Source: Sampubco.com Madison co NY Will Book Vol. 44 page 481 Written: June 2, 1896 Recorded: March 26, 1898 WILL of MARY A SALISBURY w/o JOHN W of MADISON, MADISON, NY Will of MARY A. SALISBURY of MADISON, MADISON, N.Y. Transcribed by MARY ANN SALISBURY for SAMPUBCO Died: 8 JUNE 1896 ; Will Signed: 2 JUNE 1896 ; Will Proved: 26 MARCH 1898 Husband and Executor: JOHN W. SALISBURY, Heirs: MARY L. SALISBURY, CHARLES E. SALISBURY, JENNIE V. ACKERMAN, WILLIAM H. SALISBURY, Witnesses: MARY J. SALISBURY, SARAH E. < Sp________ > , of MADISON, MADISON, NY Attorney: FRANK <_> WILCOX Surrogates: A. D. KENNEDY, of ONEIDA, MADISON, NY JOHN E. < ____TH > MARY A. SALISBURY: AT A SURROGATE’S COURT, held in and for the County of Madison, at the Surrogate’s Office in the Oneida Village in said County, on the 26th day of March, A.D., 1898 Present, A. D. KENNEDY, Surrogate IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF MARY A. SALISBURY, Deceased. BE IT REMEMBERED, That heretofore, to-wit: on the 26th day of March, in the year of our Lord one thousand eight hundred and ninety eight, JOHN W. SALISBURY, the EXECUTOR named in the Last Will and Testament of MARY A SALISBURY, late of the Town of Madison in the County of Madison, deceased, appeared in Open Court, before the Surrogate of the County of Madison, 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 husband and the heirs at law and next of kin of the said testatrix together with their respective residences, which persons were as follows, viz: The above named petitioner and husband, JOHN W. SALISBURY, and MARY L. SALISBURY, both of whom resided in the Town of MADISON aforesaid; JENNIE V. ACKERMAN and WILLIAM H. SALISBURY, both of whom resided in the City of OMAHA, in the State of NEBRASKA; and CHARLES E. SALISBURY, who resided at ARKANSAS CITY, in the State of KANSAS, And the Surrogate being satisfied that all of the persons above named were of full age and sound mind, the said petitioner also produced and filed with the said Surrogate’s Court the consent in writing, duly proved, of the several persons above named who were entitled to citation and notice in the proceeding for the Probate of the said Last Will and Testament, that the proofs of said Will might be taken on said day and the same might be admitted to probate without further notice to them or either of them therefore; thereupon the Court proceeded to the immediate proof of said Will and the said petitioner appeared in person and by FRANK WILCOX, ESQ., her ATTORNEY, in support of the proof of the same; 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 proofs of said Will hereinafter set forth, were duly taken in the manner prescribed by law, upon said 26th day of March, A.D., 1898, and the said Will was thereupon duly Adjudged by a Decree of said Surrogate’s Court, 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: THE WILL. I, MARY A. SALISBURY, being of sound mind and memory, do 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, devise and bequeath to MY HUSBAND J. W. SALISBURY the use of all my real estate and personal property while he lives. I give to MARY L. SALISBURY my house and land and five hundred dollars the balance to be equally divided between JENNIE ACKERMAN and WILLIAM SALISBURY and CHARLES SALISBURY. <______________>, I make, constitute and appoint to be EXECUTOR my Husband J. W. SALISBURY 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, this 2nd day of June in the year one thousand eight hundred and ninety six. MARY A. SALISBURY X (L. S.) The above instrument consisting of ____ sheet was at the date thereof subscribed by MARY A. SALISBURY in the presence of us and each of us: She at the time of making such subscription, acknowledged that she made the same, and declared the said instrument so subscribed by her to be her Last Will and Testament. Whereupon we then and there, at her request, and in her presence, and in the presence of each other, subscribed our names as witnesses thereto. SARAH E. , residing at MADISON, MADISON CO., N.Y. MARY J. SALISBURY, residing at SIOUX CITY, IOWA SURROGATE’S COURT, MADISON COUNTY. IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF MARY A. SALISBURY, Deceased. STATE OF NEW YORK, Madison County, Surrogate’s Office, SS. MARY L. SALISBURY being duly sworn, in Open Court, as a witness on the part of the proponent of the Will of the above named decedent testified as follows: MARY J. SALISBURY whose name is signed as a witness to the instrument in writing, purporting to be the Last Will and Testament of MARY A. SALISBURY late of the Town of Madison, in the County of Madison, deceased, and which bears date the 2d day of June 1896 is not now a resident of the State of NEW YORK but resides now at OMAHA, NEBRASKA. I was well acquainted with the said MARY J. SALISBURY, and with the manner and style of her handwriting and signature, having often seen her write; and that the name of the said MARY J. SALISBURY, , subscribed to the instrument in writing, which is now here shown to me and which purports to be the said Last Will and Testament of the said MARY A. SALISBURY, deceased, is the true, genuine and proper handwriting and signature of the said MARY J. SALISBURY, at the time of the execution of said Will and was present and saw said testatrix execute said will by making her mark thereto, which was her regular and proper signature. MARY L. SALISBURY Read, subscribed and sworn to before me this 26th day of March 1898. A. D. KENNEDY, SURROGATE. SURROGATE’S COURT, MADISON COUNTY. IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF MARY A. SALISBURY, Deceased. STATE OF NEW YORK, Madison County, Surrogate’s Office, SS. SARAH <_> being first duly sworn in Open Court, upon her Corporal Oath, testified as follows: I am a subscribing witness to the Last Will and Testament of MARY A. SALISBURY late of the Town of Madison, in the County of Madison, and State of New York, deceased. The said MARY A. SALISBURY deceased, did in the presence of MARY J. SALISBURY and MYSELF subscribe her name by making her mark at the end of the instrument in writing, which is now here shown to her, and which purports to be the Last Will and Testament of said deceased, and which bears date on the 2nd day of June in the year of our Lord one thousand eight hundred and ninety six. The said deceased did at the time of subscribing her name to said instrument as aforesaid, declare the same to be her Last Will and Testament, and MYSELF and said MARY J. SALISBURY did thereupon subscribe our 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 her presence, and in the presence of each other. The said deceased, at the time of so subscribing her 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; she appeared to be, and I believe she was of sound mind, memory and understanding, and not under any restraint, and I verily believe, in all respects competent to devise real estate. I saw the other witness sign her name to said instrument, in the presence of said deceased. I do further say that the said MARY A. SALISBURY departed this life in the Town of MADISON in the County of MADISON on or about the 8th day of JUNE 1896, and that she was a resident of said Town at the time of her death. SARAH <_> Read, subscribed and sworn to before me this 26th day of March 1898. A. D. KENNEDY, SURROGATE. STATE OF NEW YORK, Madison County, Surrogate’s Office, SS. It appearing upon the proofs duly taken in respect to to the Last Will and Testament of MARY A. SALISBURY late of the Town of Madison, in the County of Madison, and State of New York, deceased, that the said Will was duly executed, and that the said MARY A. SALISBURY at the time she executed the same, was in all respects competent to devise real estate, and not under any 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 Statutes of the State of New York, and as directed by the Decree of this Court admitting the same to Probate this 26th day of March, A.D., 1898. JOHN E. <_______TH> SURROGATE.