WILL: John Jones; Lebanon, Madison co., NY surname: Jones, Abbott, Maloney submitted by Judie Ann Millard (joochie @ earthlink.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: SAMPUBCO photocopy Madison co NY Will Book Vol. G page 145 Written: 31 Jan 1855 Probated: 27 June 1859 Madison County Surrogates Court In the matter of Proving the Last Will and Testament of John Jones, Deceased Madison County, SS Edwin M. Lamb, being duly sworn in open Court, doth depose and say, that he is a subscribing witness to the last Will and Testament of John Jones late of the town of Lebanon in the county of Madison and State of New York deceased. And this deponent further says that the said John Jones deceased did in the presence of this deponent and Thomas A. Wadsworth, subscribe His name by making his mark 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 deceased, and which bears the date on the 31st of January one thousand eight hundred and fifty- five. That the 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 this deponent and said Wadsworth did thereupon subscribe 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 believes he was of sound mind, memory and understanding, and not under any restraint, as deponents verily believe in all respects competent to devise real estate. And this deponent further says the the said John Jones died in Lebanon aforesaid on or about the 30th day of April 1859 and was a resident of said town at the time of his death. And this deponent further says that the said Thonas A. Wadsworth, the other subscribing witness to Last Will has removed from Lebanon where he resided at the time of the execution of said Will and that his present residence in unknown to this deponent. Edwin M. Lamb Subscribed and Sworn to this 27th day of June 1859 before me S.T. Holmes Co. Judge and Surrogate Last will and Testament of John Jones Deceased BE IT REMEMBERED, That herefore, to wit; on the 5th day of May and in the year of Our Lord one thousand eight hundred and fifty-nine Senenca B. Burchard sole Executor named in the Last Will and Testament of John Jones late of the town of Lebanon 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 in 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, Viz David Jones, Jane Helsmos?, Philo Abbott, Mary Malony, Nancy Tennant?, Eliza Bruno, William Jones, John McCumber, Thomas McCumber and David Bentley. And said Surrogate did thereupon issue a Citation in the form of law, directed to the heirs at law and next of kin above named by their respective names stating their respective places of residence requiring them to appear before said Surrogate at his office in the village of Morrisville in said County on the 27th day of June A.D. 1859 to attend the Probate of said Will. And afterwards, to wit: on the 27th day of June A.D. 1859, satisfactory evidence 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 such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said will hereafter set forth, upon the 27th day of June A.D. 1859, and he 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 to say Last Will and Testament Know all men by these presents that I John Jones of the town Lebanon County of Madison State of New York make and declair this my last will and testament in manner following Viz I give & relegate? all of my goods and notes and property of any description that may be left after my decease to my son John Jones if living at my decease five dollars the balance of all my property I give to Betsey Abbott of Albion County of Oswego David Jones of Albion and William Jones of Newberry County Grunger (Geauga) State of Ohio and Mary Maloney of the town of Lebanon County of Madison to be equally divided between the four last named children. I hereby appoint Seneca B. Burchard of Eaton County of Madison State of New York executor to execute and carry out this my last will and testament. revoking and making void all former wills by me made. signed and sealed this 31st day of January 1855. In presence of T. A. Wadsworth and Edwin M. Lamb subscribing witnesses at my request. John (his mark) Jones Signed Thomas A. Wadsworth Lebanon Madison County NY Edwin A. Lamb Lebanon Madison County NY (for Proofs see page 149) Madison County, Eli Donaldson being first sworn in Open Court says that he knew Thomas A. Wadsworth whose name appears a a subscribing witness to the will mentioned in the proceeding deposition of Edwin M. Lamb and that he knows the hand writing of the said Wadsworth and that his name subscribed as a witness to said will is in the hand writing of said Thomas A. Wadsworth. And this deponent further says that said Wadsworth boarded with deponent at the time said will was executed and that he removed from Lebanon (where he resided) between three and four years since and deponent has heard that he now resides in the state of Iowa. Eli Donaldson Sworn before me this 27th day of June 1859 S.T. Holmes Co. Judge and Surrogate Madison County Seneca B. Burchard being duly sworn says that he has made inquiries in the vicinity where Thomas A. Wadsworth resided at the time of the execution of the will mentioned in the proceeding depositions for the purpose of ascertaining the present residence of said Wadsworth and that he has been unable to ascertain such residence and has been informed that said Wadsworth has removed to one of the Western States. S.B.Burchard Subscribed & Sworn this 27thday of June 1859 before me S.T. Holmes Co. Judge and Surrogate Madison County, SS It appearing upon the proofs duly taken in respect to the Last Will and Testament of John Jones late of the town of Lebanon in the County of Madison and State of New York, deceased, that the said Will was duly executed, and that the said John Jones 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 27th day of June A.D. 1859. S.T. Holmes Co. Judge and Surrogate