WILL: Bernhardt Fien;  Rochester, Monroe co., NY 
surname: Fien

submitted by Diane Wilson Flynn (diflynn @ aol.com) 
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Submitted Date: February 14, 2004
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Source: SAMPUBCO copy by Diane Wilson Flynn
Monroe County, New York Will Book Vol. 29, pages 437-440
Written: October 3 1863
Recorded: June 1 1881

LAST WILL AND TESTAMENT OF

Bernhardt Fien Deceased.

     Be it Remembered, That heretofore, to-wit:  on the 18th day of May, in
the year of our Lord one thousand eight hundred and eighty-one. Louis Fien son
named in the Last Will and Testament of Bernhardt Fien late of the City of
Rochester in the County of Monroe, deceased, appeared in open Court, before
the Surrogate of the County of Monroe, and made application to have the said
Last Will and Testament of _____________ 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 said Surrogate did
thereupon issue a Citation in due form of Law, directed to the heirs at law
and next of kin by their respective names, stating their respective places of
residence, requiring them to appear before said Surrogate at his office in the
City of Rochester, in said County, on the 1st day of June, 1881, to attend the
Probate of said Will,

     And afterwards, to-wit: in the 1st day of June, A. D. 1881, 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, 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 1st day of June, A.D.
1881, 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:

     Record of Will

                         Rochester October 3d 1863. ----
       In the Name of God, amen:  I Bernhardt Fien of the City of Rochester
County of Monroe and State of New York, of the age of fifty four years and
being of sound 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 eight children all my Real Estate consisting
of three acres of land situate in the City of Rochester County of Monroe and
State as aforesaid, it being a part of the west part of the Lee Tract and
being located on the south side of Scranton Street, being lots Numbers thirty
seven (Nos 37 and thirty eight (No 38 with the appurtenances thereto, as laid
down upon the Map of the Lee Tract made by Silas Cornell Esqr and recorded in
Monroe County Clerks Office.

     Also all my personal property consisting of Household Furniture Beds &
Beddings money on hand or on deposites & whatever the personal property may
consist of off ["off" crossed out], shall be equally be ["be" crossed out]
divided as well. as well [second "as well" crossed out] as the Real Estate --
after my death, and that is to say Eighteen Months after my death.

     1st  My oldest Son Berhardt [sic] now 29 years of age shall it ["it"
crossed out] be entitled to draw from my Estate after my death and ["and"
crossed out] after the property has been legally divided and adjusted provided
the testator should die privious [sic] to the full age of his youngest son
["son" crossed out] daughter Louisa now of age of ten years, the guardian
hereafter to be appointed by the guardian ["guardian" crossed out] Testator
will assume the duties of the father for the minor children and execute said
will.---  (The children's Names are as follows, ---- viz }
Bernhardt Fien   29 years old
Alexander Fien   26    "       "
Ludwig Fien        23   "       "
Theresia Fien     20   "       "
Franziska Fien   18   "       "
Ma [crossed out] John Fien  14         "       "
Maria Fien          11   "       "
Louisa Fien        10   "       "
and the property shall heretofore ^ named shall ["shall" crossed out] be
legally and equally divided amongst them as they are named above. ----  Sealed
& Signed at Rochester Oct. 3d 1863.}
        in presence of Witnesses}     Bernhard Fien      L.S.

     The above instrument consisting of one sheet was at the date thereof,
signed, sealed, published and declared by the said Bernhard Fien as and for
his last Will and & [sic] Testament, and that he nominated and appointed
Joseph Wolf of Rochester his Administrator Executor of this his last Will and
testament, and guardian of ["of" crossed out] over his minor children after
his death in presence of us, who at his request and in the presence of each
other have subscribed our names as witnesses thereto.
     Sealed Signed in presence                         J Ph Beck City of 
Rochester
     of the undersigned witnesses
     this 3d day of October 1863             Louis Ph Beck  
City of Rochester

Surrogate Court - - - County of Monroe.}
In the Matter of proving the last Will    }
and Testament of                       }
         Bernhardt Fien, deceased.          }
as a Will of Personal and Real Estate.}

        Examination of Witness, sworn and examined
                            in the above entitled matter.
County of Monroe, to-wit;

     E. B. Beck of Rochester, N.Y., being duly sworn as a witness in the
above entitled matter, and examined on behalf of the applicant to prove said
will, says, that he was well acquainted with J. Ph. Beck late of the City of
Rochester, in said County, and with his manner and style of hand-writing,
having often seen him write, and that he verily believes and has no doubt, but
that the signature "J. Ph. Beck,"-- subscribed as a witness to the instrument
in writing now produced and shown to deponent, purporting to be the last Will
and Testament of said Bernhardt Fien deceased, bearing date the Third day of
October, in the year one thousand eight hundred and sixty-three is the proper
signature and hand-writing of said J. Ph. Beck, who departed this life at the
said City of Rochester, N.Y. 
during the year, 1864. ---
Sworn this First day}
of June, 1881, before me,}             E. B. Beck
                                        W. D. Shuart
               Surrogate

                         SURROGATE'S COURT
In the Matter of Proving the Last Will and Testament of

Bernhardt Fien  Deceased.

Monroe County, ss.

     Louis Ph. Beck and ________ being first duly sworn in open Court doth
depose and say, that he is a subscribing witness to the last Will and
Testament of Bernhardt Fien late of the City of Rochester, in the County of
Monroe and State of New York, deceased.  And deponent further says that the
said Bernhardt Fien deceased, did, in the presence of deponent ^ and J. Ph.
Beck, the other subscribing witness subscribe his name at the end of the
instrument in writing, which is now here shown to deponent, and which purports
to be the last Will and Testament of the said deceased, and which bears date
on the 3nd [sic] day of October one thousand eight hundred and sixty-three 
That the said deceased died on or about the 15th day of May 1881, at Rochester
aforesaid as deponent is informed and believes.  

     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 this deponent & said J. Ph Beck 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 the presence, and 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 of full age ; that
he appeared to be, and deponent verily believes, in all respects competent to
devise said real estate, that deponent saw the other ^ subscribing witness
sign his name to the said instrument, in the presence of the said deceased,
That said J. Ph Beck, also departed this life, during the year 1864 at
Rochester, N.Y.  
     (over)
     Louis Ph. Beck

Subscribed and Sworn to before me, this 1st}
day of June 1881}   W. D. Shuart Surrogate of 
Monroe County.

Monroe County, ss.

     It appearing upon the proofs duly taken in respect to the Last Will and 
Testament, of Bernhardt Fien late of the City of Rochester in the County of 
Monroe and State of New York, deceased, that the said will was duly executed,
and that the said Bernhardt Fien 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 1st 
day of June, A.D. 1881.
Rec'd and Ex'd}
June 1st 1881. }                          E. Ma P. Niven     Clerk 
Surrogate's Court