WILL: Christian Gerner; Lockport, Niagara co., NY surname: Gerner submitted by Camille Redmond (theredmonds @ charter.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 6.2 Kb ************************************************ Source: SAMPUBCO Written: July 14 1882 Recorded: June 11 1883 Transcribed from SAMPUBCO copy by Camille Redmond Niagara County New York Will Book Vol. 27, Page 187 NIAGARA COUNTY SURROGATE'S OFFICE. Last Will and Testament OF Christian Gerner DECEASED. Be it Remembered, That heretofore, to-wit: On the 1st day of June in the year of our Lord one thousand eight hundred and eighty three Mary Gerner the Executrix named in the Last Will and Testament of Christian Gerner late of the City of Lockport 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 or 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 11th day of June, A.D. 1883 to attend the probate of said Will. And afterwards, to-wit: on the 11th day of June A.D. 1883, 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 and it appearing that Margaret Gerner, Christian Gerner, Christina Gerner, Rosa Gerner, and Amelia Gerner are minors who have been duly served with citation and notice of application for the appointment of a Special Guardian as the law requires. Upon the application of Mary Gerner, Alfred Holmes on his consenting thereto was appointed the Special Guardian of said minors to appear for them and take care of their interests in this matter, 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 11th day of June 1883, 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". The last Will and Testament of Christian Gerner of Lockport Niagara County New York. After all my just debts are paid and my funeral expenses, I give devise and bequeath all of my estate whether real or personal unto my wife Mary Gerner to have and hold the same to her own use forever. I hereby appoint my said wife Mary Gerner the sole executrix of this my will hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand this 14th day of July 1882. his mark X Christian Gerner Signed published and declared by the said testator to be his last will and testament in the presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses. Rev. John Soemer Lockport N.Y. W.H. Ransom Lockport N.Y. Surrogate's Court. In the Matter of Proving the Last Will and Testament of Christian Gerner DECEASED Niagara County, SS. Washington H. Ransom and John Soemer 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 Christian Gerner late of the City of Lockport 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 the Last Will and Testament of the said deceased, and which bears date on the 14th day of July on thousand eight hundred and eighty two. That the said deceased did, at the time of subscribing his name to the said instrument 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 himself name to the said instrument in the presence of the said deceased. Taken, subscribed and sworn to before me, this 11th day of June 1883 Geo. P. Ostrander Surrogate. W.H. Ransom Rev. John Soemer Niagara County, SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Christian Gerner late of the City of Lockport in the County of Niagara, and State of New York, deceased, that the said Will was duly executed, and that the said 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 11th day of June 1883. Geo. P. Ostrander Surrogate.