WILL: Sylvester Hosmer;  Wilson, Niagara co., NY 
surname: Hosmer, Case

submitted by Ronald Roberts (ronaldlroberts @ msn.com) 
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Submitted Date: May 9, 2004
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Source: SAMPUBCO photocopy
Niagara co NY Will Book Vol. 16 page 193
Written: June 29 1865
Recorded: May 15 1873

I Sylvester Hosmer of the Town of Wilson in the County of Ni       agara and
State of New York aged seventy years and upwards and of sound and disposing
mind memory and understanding do make, publish and declare this my last Will
and Testament in manner following that is to say.

First. After the payment of all my just debts and funeral expenses I give
devise and bequeath to my beloved wife Rebecca Hosmer the use for and during
the term of her natural life of all my estate both real, personal and mixed of
every name, kind and nature and the income, rents, issues and profits thereof
and of each and every part thereof.        

Second. After the decease of my said wife (or in case she shall depart this
life before me then after my decease) I do give, devise and bequeath to my
sons John Hosmer of Lockport in the County of Niagara and State of New York,
Samuel Hosmer of the same place, Stephen Hosmer of Wilson, Niagara County, New
York, Charles Hosmer of the same place and to my daughter Sarah Case wife of
Edmond Case of Batavia, Branch County, Michigan all of my estate real,
personal and mixed of every name, kind and nature to be equally divided
between them and their heirs, share and share alike, the child or children
of a deceased child taking the share which his, her or their parent would have
taken if living.

Third. And I do hereby make, constitute and appoint my sons John Hosmer and
Stephen Hosmer the executors of this my last will and Testament; And hereby
authorize and empower them the said John Hosmer and Stephen Hosmer, as such
executors to compound, compromise and settle any claim or demand which may be
against or in favor of my said estate.

In witness, whereof I have hereunto set my hand and seal this twenty ninth day
of June one thousand and eight hundred & sixty five.
                                                  Sylvester Hosmer (L.S.)

This instrument consisting of one half of one sheet was at the date hereof
signed, sealed and declared by the testator to be his last will and testament
in the presence of us, and each of us who have at his request and in his
presence and in the presence of each other, signed our names as witnesses
hereto, Myron H. Clark, Residing at Lockport, Niagara County, New York,
Charles Craig, Residing at Lockport, Niagara County, New York.   

Additional Comments:
This handwritten will was presented to the Niagara County Surrogate's Court on 
April 19, 1873.  The executors, John Hosmer and Stephen Hosmer were present.  
The court directed the following:

... and on such application of the said Surrogate did ascertain by
satisfactory evce who were the widow, 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 widow, heirs at law and
next of kin of said deceased, by their respective places of residence,
requiring them to appear before said Surrogate, at his offifce in the City of
Lockport, in said County, on the 15th day of May, A. D. 1873 to attend the
probate of said Will, ....