WILL: James King; Hartland, Niagara co., NY surname: King submitted by Ruth Tinker Smith (pgsmi @ aol.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Ruth Tinker Smith Niagara Co NY Wills Vol. 13, pages 187 James King of Hartland Recorded 9 January 1871 Niagara County Surrogate's Court. Last Will and Testament of James King, Deceased. Be it Remembered, that heretofore, to wit: on the 16th day of December in the year of our Lord one thousand eight hundred and seventy, Andrew C. King and Lorin King, Executors named in the last Will and Testament of James King late of the town of Hartland in the County of Niagara deceased, appeared in open Court, before the Surrogate of the County of Niagara, 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 heirs at law and next of kind to 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 of said deceased by their respective names, stating their respective places of residence requiring them to appear before said Surrogate, at his office in the city of Lockport, in said county, on the 9th day of January A.D.1871, to attend the Probate of said Will. And afterwards, to wit: on the 9th day of January A.D. 1871, 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 said Executors appearing and 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 9th day of January 1871, 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: "Will" page 188 I, James King of Hartland considering the uncertainty of this mortal life, and being of sound mind and memory do make and publish this my last Will and Testament in manner and form following viz. I give to the children of my daughter Sarah Jane the sum of five dollars each viz - Edna L., Andrew F. & Hattie M. I hereby order all of my honest debts to be paid and I divide my property both Real and Personal equal among my four children Andrew C. King, Mary E. King, Harriet A. McKee & William King and I do hereby appoint Andrew C. King and Lorin King of Lockport Executors of this my last Will and Testament with full power to sell my Real Estate if need be and divide the proceeds as before stated. In witness whereof I have hereunto set my hand and seal this sixth day of July in the year Eighteen hundred and sixty-seven. James King Signed sealed published and declared by the above named James King to be his last Will and Testament in the presence of us who have subscribed out names as witnesses in the presence of the testators. James C. Manchester, Hartland. James H. Garrett, Johnsons Creek. Morell Bennett, Johnsons Creek. Page 191 Surrogate's Court. In the Matter of Proving the Last Will and Testament of James King deceased. Niagara County. S. James H. Manchester and James H. Garrett, 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 King late of the town of Hartland in the County of Niagara and State of New York deceased. And these deponents do further say, that the said 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 sixth day of July one thousand eight hundred and sixty seven. 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 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. Subscribed and sworn before me this 9th day of January 1871. John T. Murray, Surrogate. James H Manchester. James H. Garrett page 192 Niagara County, ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament of James King late of the town of Hartland in the County of Niagara, and State of New York, deceased that the said Will was duly executed, and that the said James King 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 9th day of January 1871. John T. Murray, Surrogate