WILL: David Haight; Somerset, Niagara co., NY
surname: Haight, Shafer, Legg

submitted by Evelyn B. Cooper (ebcooper @ juno.com)
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Transcribed from SAMPUBCO copy by Evelyn B. Cooper

Niagara co. NY
Will Book vol. 24 page 337

NIAGARA COUNTY SURROGATE'S COURT.
LAST WILL AND TESTAMENT
Of
David Haight 
Deceased

Be It Remembered, That heretofore, to-wit; On the 16th day of May in the year
of our Lord one thousand eight hundred and eight-one, Albert H. Haight, the
Executor named in the Last Will and Testament ________ of David Haight late of
the Town of Somerset 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 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
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 31st day of may, A.D., 1881 to attend the probate
of said Will.

And afterwards, to-wit: on the 31st day of May 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 said
petitioner appeared in person; and it appearing that, Geraldine Shafer, Willis
Shafer, Eugene Shafer, Nelson Shafer and Melvin Shafer named in the petition
in this matter were minors who had been duly served with said citation and
with notice for the appointment of Special Guardianship as required by law &
upon the petition of Albert H. Haight, J. W. Higgins on his consenting thereto
was duly appointed Special Guardian for said minors to appear for them and
take care of their interests herein and said Special Guardian appearing and no
one appearing to oppose the Probate of such Will ______, such proceedings were
there upon had in said Court, afterwards, that said Surrogate took the proofs
of said Will ______, herein after set forth, upon ______________ this 31st day
of May 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:

"WILL"

I, David Haight of the Town of Somerset , County of Niagara and State of New
York, of the age of seventy two years and being of sound mind and memory do
make publish and declare this my last will and Testament, in manner following,
that is to say:

I give and devise all my real and personal estate, of what nature or kind
soever to my wife Sarah E. Haight to be used and enjoyed by her during the
term of her natural life; and from and immediately after her decease.

I give to my grand-daughter Geraldine Shafer the sum of One Hundred Dollars.

I give and bequeath to my grand-son Willis Shafer the sum of One Hundred
Dollars, to my grand-son Eugene Shafer the sum of One Hundred Dollars, to my
grand-son Nelson Shafer the sum of One Hundred Dollars and to my grand-son
Melvin Shafer the like sum of One Hundred dollars.

I give and bequeath five sixteenths of the remainder of all my real and
personal estate to my daughter Hannah S. Hayes.

And the remainder of all my personal and real estate I give and bequeath to my
other three children namely; Sarah Catharine Legg, Samuel B. Haight and John
J. Haight to be divided equally among them.

Lastly, I hereby appoint Albert H. Haight Sole Executor of this my last Will
and Testament, hereby revoking all former wills by me made.

In Witness Whereof, I have hereunto set my hand and seal this eleventh day of
August in the year of our Lord one thousand eight hundred and seventy six.
David Haight (Seal)

The above instrument consisting of one sheet was at the date thereof, declared
to us by David Haight the testator therein mentioned to be his last Will and
Testament: and be at the same time acknowledged to us and each of us, that he
had signed and sealed the same; and we thereupon, at his request and in his
presence, and in the presence of each other signed our names thereto as
attesting witnesses.
Henry H. Frost, residing at Somerset Niagara County, NY
Stephen B. Starbuck, residing at Somerset Niagara County, NY
***
SURROGATE'S COURT 
In the Matter of Proving the Last Will and Testament
of
David Haight, Deceased
NIAGARA COUNTY, SS.
Henry H. Frost being duly affirmed in open Court upon his corporal oath for
himself doth depose and say, that he is a subscribing witness to the _______
Last Will and Testament of David Haight late of the Town of Somerset in the
County of Niagara and State of New York deceased. And this deponent further
says that the said ___________ deceased, did, in the presence of each of the
subscribing witnesses subscribe his name at the end of the instrument in
writing which is now here shown to this deponent and which purports to be
____________ the Last Will and Testament ___________ of the said deceased, and
which bears date on the 11th day of August one thousand eight hundred and
seventy-six.

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 did thereupon subscribe his own respective name at the end
of said instrument, as an attesting witness to the execution thereof, at the
request of said deceased, and in his presence, and in the presence of the
other subscribing witness. 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 deponent believes he was of
sound mind, memory and understanding, and not under any restraint, and, as
deponent verily believes was in all respects competent to devise real estate;
that each of these subscribing witnesses saw the other sign his name to the
said instrument in the presence of the said deceased. That Stephen B. Starbuck
the other subscribing witness is dead.

Taken, subscribed and affirmed to before me, this 31st day}
Henry H. Frost
of May 1881.
Geo. P. Ostrander, Surrogate
***
342
State of New York, } ss:
County of Niagara
Morgan Van Wagoner of the City of Lockport in said County being duly sworn
says, that he was acquainted with Stephen B. Starbuck whose name appears as
one of the subscribing witnesses to the last Will and Testament of David
Haight, deceased, in his life time, and has seen him write, and is acquainted
with his handwriting. Deponent is here shown Will in question, and says, the
signature "Stephen B. Starbuck" appearing at the bottom of the attestation
clause of this instrument is genuine as he verily believes. Deponent further
says that he was acquainted with the said David Haight, deceased, in his
lifetime, has seen him write, and is acquainted with his handwriting. Deponent
further says, that the signature, "David Haight" appearing to said instrument,
now shown to him is genuine, as he verily believes.
Taken, subscribed and affirmed to before }
me this 31st day of May 1881 M. Van Wagoner
Geo. P. Ostrander,
Surrogate
***