WILLS: Hammer, Phillip J.; Rochester, Monroe co., NY surnames: Hammer, Wenzel, Wollschleger ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm File at: http://files.usgwarchives.org/ny/monroe/wills/v14/hammer-philipj.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.3 Kb ************************************************ File contributed for use in USGenWeb Archives by: Deb Richardson deb-richardson@comcast.net July 21, 2006, 12:14 pm Source: sampubco.com Monroe co NY Will Book Vol. 14 page 758 Written: May 14, 1870 Recorded: August 16, 1870 Transcribed by Deb Richardson In the name of God, Amen: I, Philip Jacob Hammer of the City of Rochester County of Monroe and State of New York, of the age of seventy three years 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: First_____ After the payment of my lawful debts and my funeral expenses, I give, devise and bequeath all my property, both real and personal, of what nature or kind soever and wherever situate and being, to my six children hereinafter named in equal proportion, without any preference or distinction whatever, share and share alike, as follows: 1. My oldest daughter Caroline Wenzel, wife of John Wenzel residing at the City of Rochester aforesaid 2. My oldest son, Phillip Jacob Hammer formerly of Chili, County of Monroe, N.Y. now of Leavenworth in the State of Kansas 3. My second and youngest daughter Louisa Wollschleger, wife of Frederick Wollschleger, residing in said city of Rochester 4. My second son Jacob Hammer of Chili aforesaid 5. My third son John Michael Hammer, residing at said City of Rochester and 6. My youngest son John Hammer who resides at said City of Rochester Each of said six children to have and undivided on Sixth part of all my real and personal property, to have and to hold the same in Equal proportions, share and share alike, to them, their heirs and assigns forever. Second_____ I hereby constitute and appoint my said son John Hammer sole Executor of this my last Will and Testament, hereby revoking all former wills by me made, it being my Express intention that all my children, without any preference or distinction, shall have equal shares, each an undivided one Sixth part of all my property, both real and personal. In witness whereof, I have hereunto set my hand and Seal, this 14th day of May in the Year of our Lord One Thousand Eight Hundred Seventy. [signed] Philip Hammer L.S. The foregoing Instrument was at the date thereof signed, sealed, published and declared by Phillip J Hammer, the above named Testator, as and for his last Will and Testament, in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witness thereto: [signed] Wm Graebe [sp?] of the City of Rochester, Monroe County N.Y. [signed] J T Reichenbach of Rochester Monroe County N.Y. State of New York Monroe County Be it Remembered, That on the day of the date hereof, the last Will and Testament of Phillip J Hammer, late of the City of Rochester, in said County, deceased, (being the foregoing written instrument, was dully proved before W.D. Shuart Esq, Surrogate of the said County, according to law as and for the last Will and Testament of the Real and Personal Estate of said deceased: which said last Will and Testament and the proofs and examinations taken thereon are recorded in his office. In Testimony Whereof, The Surrogate of the said County has hereunto set his hand and affixed his seal of office this 16th day of August 1870. [signed] W. D. Shuart, Surrogate Surrogate’s Court – Monroe County In the Matter of Proving the last Will and Testament of Phillip Jacob Hammer, Deceased Monroe County S.S. William Graebe and J.T. Reichenback being first duly sworn in open Court, upon their General Corporal oaths, Each for himself doth depose and say; that he is a subscribing witness to the last Will and Testament of Phillip J Hammer late of the City of Rochester in the County of Monroe and State of New York deceased. And these deponents do further say, that the said Phillip J Hammer, 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 bears date on the 14th day of May, one thousand eight hundred and seventy. Said decd died, on the 10th day of July 1870 at Rochester aforesaid: that the said deceased, did at the time of subscribing his name to 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 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 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 the said instrument in the presence of the said deceased. Sworn this 16th day of August 1870 [signed] Wm Graebe [signed] J. T. Reichenbach [signed] W.D. Shuart, Surrogate of Monroe County A True Record of the Last Will and Testament of Phillip J. Hammer, late of the City of Rochester in the County of Monroe and State of New York deceased, and the proofs, proceedings and examinations had and taken on admitting said Will to be proved and recorded according to law as a Will of Real and Personal Estate. Recorded and Examined August 16th 1870 [signed] W.D. Shuart, Surrogate