WILL: Nancy L. Weatherwax; Amsterdam, Montgomery co., NY surname: Weatherwax, Bull, Myers, Otterson, Sheehy, Larson, Weatherwax submitted by Wayne E. Weatherwax (n03369 at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 26, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.0 Kb ************************************************ Source: Sampubco.com Montgomery co NY Will Book Vol. 26 page 234 Written: February 2, 1912 Recorded: February 24, 1912 SAMPUBCO PROVIDED WILL NEW YORK WEATHERWAX NANCY L. MONTGOMERY CO; NY-29-26-234 Transcribed by: Wayne E. Weatherwax Be it remembered that heretofore, to wit on the 2nd day of February 1912 Charles H. Weatherwax the Executor named in the last will and testament of Nancy L. Weatherwax late of the city of Amsterdam in the county of Montgomery, deceased appeared in open court before Hon. W. Fenton Meyers Surrogate of said court and made application too 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 te heirs at law and next of kin of said testatrix and their respective residences and on that day the petitioner appearing in person and filing duly executed waivers by Nealy Weatherwax,Annie L. Bull and Gerite Weatherwax children of decedent waiving the issuance of a citation and no one appearing to oppose probate of said will & testament such proceedings were thereupon had afterwards that the said Surrogate took the proof of said will & testament hereinafter set forth upon this 24th day of February in the year one thousand nine hundred and twelve; and he adjudged the said will & testament valid to pass real & personal property and the proofs thereof to be suffieicent which said last will and testament and the proofs thereof are as follows that is to say: THE WILL of Nancy L. Weatherwax I, Nancy L. Weatherwax of the city of Amsterdam, Montgomery County, New York, being of sound mind and memory, do make ordain, publish and declare this to be my last Will and testament, that is to say; First: I direct the payment of all my just debts and funeral expenses. Second: I give devise and bequeath unto my executor herein after named all my property both real and personal, excepting a promisory note mentioned in the third clause of this my Will in trust, for the purpose of providing therefrom for the comfortable support and maintenance of my husband, Henry Weatherwax, during the term of his natural life and providing him with medical attendance when necessary and paying his funeral expenses at his death, authorizing my said executor to use any part of the principal if necessary for that purpose. Third I give and bequeath unto my daughter, Gertie Weatherwax a certain promissory note I now hold againest her together with the interest thereon and direct my executor to deliver the same to her and out of any moneys or property not necessary for the proper support and maintenance of my said husband, I give and bequeath unto my said daughter Gerite the sum of one thousand dollars ($1,000.00) and I make the payment thereof a charge and lein upon my real estate. I also give and bequeath to my said daughter Gertie a feather bed, pillows and bedding for the same, the large mirror, bible, the spoons marked "N.L.W." and all the pictures. Fourth To my daughter Anna Bull , I give and bequeath the spoons marked "A.R.W." Fifth: All the rest, residue and remainder of my household furniture, dishes, silverware and personal effects remaining at the death of my said husband, I give devise and bequeath unto my four children: Gertie Weatherwax; Charles H. Weatherwax; Wesley Weatherwax; and Anna Bull absolutely share and share alkie. Sixth: All the rest,residue and remained of my property remaining at the death of my said husband, I give devise and bequeath unto my three children:Charles H. Weatherwax; Wesley Weatherwax and Anna Bull, share and share alike. Likewise I make constitute and appoint my son Charles H. Weatherwax to be executor of this my last will and testament, giving and granting unto my said executor full power and athority to sell and convey any and all real estate of which I may die seized and possessed and give necessary deed or deeds therefor hereby revoking all former wills by me at anytime made. In Witness whereof: I have hereunto subscribed my name and affixed my seal the 22nd day of May 1908 Nancy L. Weatherwax (l.s.) witness: A.R. Otterson Ellen V. Sheehy The above instrument consisting of two sheets was at the date thereof subscribed by Nancy L. Weatherwax, the testatrixnamed in the foregoing will, in the presence of us and each of us, and at the time of making such subscription the above insttrument was declared by the said testatrix to be her last will and testament and each of us at the request of said testatrix and in her presence and in the presence of each other sign our names as witnesses thereto at the end of the will. A.R. Otterson residing at Amsterdam NY Ellen V. Sheehy residing at Amsterdam NY State of New York county of Montgomery Surrogates Court in the matter of proving the will of Nancy L. Weatherwax deceased Peter Larson of the city of Amsterdam in the county of Montgomery and Ellen V. Sheehy being duly sworn and examined in open court before Hon. W. Fenton Myers surrogate of said county do depose and say for her deposeth and saith that she was acquainted with Nancy L. Weatherwax in her life time and was presnet and saw the said Nancy L. Weatherwax subscribe her name at the end of the instrument in writing now produced and shows bearing the date 22nd day of May 1908, that the said Nacy L Weatherwax at the time she so subscribed it declared the said instrument to be her last will and testament and requested this deponent and A.R. Otterson to subscribe their names as witnessess to the execution thereof. Thereupon this deponent and A.R. Otterson subscribed their names as witnessess at the end of the instrument in the presence of the said Nancy L. Weatherwax and of each other. That the said Nancy L. Weatherwax at the time she so executed the said instrument was a citizen of the United States, and inhabitant of the county of Montgomery, of full age, of sound and disposing mind and memory and in all respects competent to make a valid will. And the said Ellen V. Sheehy for herself further spearatetly says that she drew said will for the testatrix at her request according to her directions and just as she desired it and the same has not in any respect been altered of changed, and the said Peter LArson for himself further says that he is acquainted with A. R. Otterson, one of the subscribing witnessess to said instrument and is well acquainted with his hand writing aand signature, having seen him write and sign his name on variuos ocassions and that in his opinion the signature of A.R. Otterson to said instrument is in his handwriting and is his genuine signature; that the said A.R. Otterson is not now within the state of New York, but at Lowell, Mass. Ellen V. Sheehy Peter R. Larson Takend subscribed and sworn this 10th day of February 1912 before me W.Fenton Myers Surrogate I W. Fenton Myers surrogate of the county of Montgomery, do hereby certify that the foregoing are true copies of the will, probate and proof thereof Nancy L. Weatherwax deceased registered the 24 day of Ferbruary 1912 W.Fenton Myers surrogate Additional Comments: she was Nancy Lavina Norton wife of Henry Van Dercook Weatherwax.