WILL: James Ingles; Lenox, Madison co., New York surname: Ingles, Hall submitted by Anita M. Ingalls (ingallsa @ gte.net) ************************************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Anita M. Ingalls Will of James INGLES, Lenox Madison County, New York, Will Book L, Page 13 SURROGATE'S COURT. Last Will and Testament of James Ingles Deceased Be it Remembered, That heretofore, to wit: on the 1st day of April in the year of our Lord one thousand eight hundred and sixty-seven Erastus Ingles the devisee named in the last Will and Testament of James Ingles late of the town of Lenox 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 widow--heirs at law and next of kin of the said Testator and their respective residences, vis: Nancy Ingles of Lenox, N.Y. widow and John J. Ingles, James Ingles, Joseph Ingles, Conrad Ingles and said Erastus Ingles of Lenox, aforesaid, and Anna Hall, Nellie Hall and James C. Hall of Jackson Mich heirs and next of kin of the said deceased. and said Surrogate did thereupon issue a Citation in due form of law, directed to the widow - heirs of law and next of kin of said deceased, by their respective names, state 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 3d day of June A.D. 1867, to attend the Probate of said Will, upon which last mentioned day the said Erastus Ingles appeared, and upon his application the hearing of this matter was duly adjourned to the 11th day of June 1867 at 10 o'clock in the foreroom at the office of the Surrogate aforesaid in Morrisville. And afterwards, to wit on the 11th day of June A.D. 1867, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day & J. S. Stewart special guardian of Anna - Nellie & James Hall having appeared & no one appearing to oppose the probate of such Will, such proceedings were thereupon had in said Court, afterwards that said Surrogate took the proofs of said Will, hereinafter set forth upon this 11th day of June 1867, 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, that is to say Page 14 In the name of God, Amen: I James Ingles of the town of Lenox in the County of Madison and State of New York at the age of eighty-three years and being of sound mind and memory do make publish and declare this my last Will and testament- in the manner following that is to say: First - I give and bequeath to my son Erastus Ingles my homestead farm in Lenox by his paying to my son Jay Ingles Two Hundred Dollars in one year after my decease and paying to James my son James Ingles son Three Hundred Dollars in two years after my decease and to my son Joseph Ingles Two Hundred Dollars in three years after my decease and to my son Conrad Ingles Two Hundred Dollars in four years after my decease. Second - I give and bequeath all of my personal property to my five sons above named after paying my just debts and funeral expenses to be divided equally to share and share alike. Thirdly - it is my intent and meaning that my son Erastus shall support my wife Nancy during her life, in Lieu of her having her Dower Right. I hereby revoke all former wills by me made. I witness whereof I have hereunto set my hand and seal this thirteenth day of May 1865. James Ingles (L.S.) The foregoing instrument consisting of one half sheet was at the date thereof signed sealed published and declared by the said James Ingles as and for his last Will and Testament in presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses thereto. Hezekiah Beecher of Lenox, Madison County Hamilton Beecher Madison County. Page 17 Madison County SURROGATE'S COURT. In the matter of Probing the last Will and Testament James Ingles Deceased. Madison County, Hezekiah Beecher and Hamilton Beecher being first duly sworn, in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of James Ingles late of the town of Lenox in the County of Madison and State of New York deceased. And these deponents do further say, that the said James Ingles deceased, did, in the presence of each of these deponents, subscribe his name 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 said deceased, and which bear date on the 13th day of May one thousand eight hundred and sixty-five. 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 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 is 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 and state; that each of these deponents saw the other sign his name to the said instrument in the presence of the said deceased. Page 18 Subscribed & sworn to this } Hezekiah Beecher 11th day of June 1887 } Hamilton Beecher before me. } J. Mason County Judge & Surrogate Madison County Erastus Ingles being duly sworn says he is the son of James Ingles deceased mentioned in the preceeding deposition, and that the said James Ingles died in the town of Lenox in said County on the 6th day of March 1867 and was a resident of said town at the time of his death. Subscribed & sworn to this } Erastus Ingles 11th day of June 1867 } before me. } J. Mason County Judge & Surrogate Madison County, SS. In appearing upon the proofs duly taken in respect to the Last Will and Testament of James Ingles late of the town of Lenox in the County of Madison and State of New York, deceased, that the said Will was duly executed, and the said James Ingles deceased, 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 11th day of June 1867. J. Mason County Judge} Surrogate.