WILL: Jacob Wiles; Minden, Montgomery co., NY 
surname: Wiles, Wendell, Wormuths

submitted by Peter Scarborough (wcfccoach1 at aol.com) 
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.org/copyright.htm

http://www.usgwarchives.org/ny/nyfiles.htm

Submitted Date: January 25,2005
This file has been created by a form at http://www.genrecords.org/nyfiles/
File size: 7.9 Kb
************************************************
Source: Sampubco.com
Montgomery co NY Will Book Vol. 19 page 551
Written: March 29 1890
Recorded: April 18 1891

Transcribed from SAMPUBCO copy by Peter Scarborough

The Probate File of Jacob Wiles

Be It Remembered, that heretofore, to wit, on the 18th day of April, 1891
Jacob J Wiles and Aaron Wiles the Executors named in the last will and
testament of Jacob Wiles late of the Town of Minden, in the County of
Montgomery, deceased, appeared in open court before Hon. John D Wendell,
Surrogate of said County, and made application to have the said last will and
testament, which relates to real and personal property, proved; and on such
application the said Surrogate did ascertain by satisfactory evidence who were
the heirs at law and next of kin of said testator and their respective
residences; 
       The following printed section was crossed out
"and the said Surrogate did thereupon issue a citation, to due form of law, 
directed to the said       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 Town of         on the        day 
of              18       , to attend the probate of said will. And afterwards,
to wit, on the said           day of          18      , satisfactory evidence
by affidavit was produced and presented to the said Surrogate of the due
service of said citation in the mode prescribed by law, and on that day "  
     The following was hand written
" .and it appearing that the above named petitioners are the only heirs at law
& next of kin of said Jacob Wiles, immediate probate was allowed, and ."
No one appearing to oppose the probate of said will, such proceedings were 
thereupon had afterwards that the Surrogate took the proof of said will 
hereinafter set forth upon this 18th day of April, in the year one thousand
eight hundred and ninety one; and he adjudged the said will to be a will valid
to pass real and personal property, and the proofs thereof to be sufficient,
which said last will and testament and the proofs thereof are as follows, that
is to say:

The Will Of Jacob Wiles

In the name of God, Amen.  I, Jacob Wiles of the town of Minden County of 
Montgomery & State of New York, being of sound mind & memory, and considering
the uncertainty of this frail & transitory, do therefore 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 & bequeath to Ed
Wiles son of Aaron Wiles of the town County & State above mentioned the sum of
($1000) one thousand dollars. To Rufus Wiles son of Aaron Wiles of the same
place the sum of ($1000) one thousand dollars.  To Mary Wiles daughter of
Aaron Wiles the sum of ($800) eight hundred dollars. To Anna Wiles daughter of
Jacob Wiles of the same place the sum of ($1000) one thousand dollars.  To
Jacob Wiles of the same place the sum of ($800) eight hundred dollars. To my
son Aaron Wiles of the same place my homestead farm & the sum of ($800) eight
hundred dollars.  To Louisa Wiles wife of Rufus Wiles, deceased, of the same
place the sum of ($500) five hundred dollars.  To the above named Jacob J
Wiles of the town & county & state above mentioned, I also give & bequeath my
farm which is Known as the Peter Wiles farm.  To Mary Eva Wormuths (sp) of the
same place I give & bequeath the sum of ($300) three hundred dollars.  The
remainder of my personal property to the above named Aaron Wiles and Jacob J
Wiles to be divided between them, share and  share alike.  The said legacies
above mentioned I direct and order to be paid one year after my decease
without interest, and I hereby make the said legacies a charge and lien on my
real estate above mentioned.  I hereby reserve from my homestead farm the
family burying ground and the right of way thereto to my several heirs.  
Likewise I make Constitute and appoint my son Aaron Wiles and Jacob J Wiles my 
grandson to be executors of this my last will and testament hereby revoking
all former wills by me made.  

In witness thereof I have hereunto subscribed my name and affixed my seal 
this 29th day of March in the year of our Lord one thousand eight hundred and 
ninety.
(ss) Jacob Wiles

The above written instrument was subscribed by the said Jacob Wiles in our 
presence and acknowledged by him to each of us and he at the same time
declared the above instrument so subscribed to be his last will and testament
and we at his request have signed our names as witnesses hereto, and written
opposite our names our respective places of residence.  
(ss) Robert S Bulger Brookmans Corners
(ss) John H Brookman Brookmans Corners

State of New York
County of Montgomery                    SURROGATES COURT

IN THE MATTER OF PROVING THE WILL
               OF
Jacob Wiles, deceased

John H Brookman of the town of Minden in the county of Montgomery, and Robert
S Bulger of the town of Minden in the county of Montgomery being duly sworn
and examined in open court our Surrogate of said county, do depose and say and
each for himself deposeth and saith that he was acquainted with Jacob Wiles in
his life time, and he was present and saw the said Jacob Wiles subscribe his
name at the end of the instrument in writing now produced and shown, bearing
date the 29th day of March, 1890; that the said Jacob Wiles at the time he so
subscribed it, declared the said instrument to be his last will and testament,
and requested to subscribe their names as witnesses to the execution thereof. 
Thereupon these deponents subscribed their names as witnesses at the end of
said instrument in the presence of the said Jacob Wiles and each other.  That
the said Jacob Wiles at the time he so executed the said instrument was a
citizen of the United States, an inhabitant of the county of Montgomery, of
full age, of sound and disposing mind and memory, and in all respects
competent to devise real estate, and not under any restraint or in any
respects incompetent to devise real estate, and was in all respects competent
to make a valid will.  And the said John H Brookman for himself further
separately says that he 
     The following section crossed out
"  drew said will for the testat___ at h__ request according to h__ directions 
and just as h_ desired it, and the same has been in deponent's custody ever
since the execution thereof, and the same has not in any respect been altered
or changed "
     The following was hand written added
"  has examined the said will and that he has been unable to discover that the 
same has been changed or in any respects altered since it's execution thereof. 
And the said Robert S Bulger further says that he drew said will for testator
at his request and according to his direction & just as he desired it and the
same has in respect been changed or altered.

Taken, subscribed and sworn this 18th day
Of April 1891 before me            (ss) John H Brookman
(ss) JD Wendell Surrogate               (ss) RS Bulger

I John D Wendell Surrogate of the county of Montgomery, do hereby certify that 
the foregoing are true copies of the will, probate and proof thereof of Jacob 
Wiles, deceased.
Registered the 18th day of April, 1891
                              (ss) RD Wendell, Surrogate