WILL: Merinda Gould; Lockport, Niagara co., NY Surnames: Gould, Onderdonk, Brach submitted by Diane Bruce (Dbruce10 @ aol.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: Transcribed from SAMPUBCO copy by Diane Bruce Lockport, Niagara County, NY Will Book Vol. #32, Pages 577-582 NIAGARA COUNTY SURROGATE'S COURT Last Will and Testament ) OF ) Merinda Gould ) Deceased. ) Be it Remembered, That heretofore, to-wit: On the 17th day of February in the year of our Lord one thousand eight hundred and eighty six Thomas Scovell, the Executor named in the last Will and Testament of Merinda Gould 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 heirs-at-law and next of kin or the said Testatrix 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 12th day of April, A.D. 1886 to attend the probate of said Will. And afterwards, to-wit: on the 12th day of April A. D. 1886, 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 Francia Brockway is a minor Edward J. Taylor on his consenting thereto was duly appointed special Guardian for said minor to appear for him and take care of his 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 12th day of April 1886, 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" In Name of God, Amen. I, Merinda Gould of the City of Lockport County of Niagara and State of New York and Widow of John Gould late of the Town of Cambria Deceased. And being in the Eighty first year of my age and of sound mind and memory do make publish and [declare] this to be my last Will and Testament that is to say. First: I will and direct that all my just debts that may be owing at the time of my decease including sickness and Funeral Expenses and suitable Grave Stones for my grave be first paid from my estate personal or real. Second: I will give and bequeath to my two Daughters Fanny Onderdonk wife of James W. Onderdonk of Orleans County and Jennie Brach wife of James H. Brach of the City of Lockport all and every of my household goods of whatever kind and nature including beds, bedding, crockery, silver, and plated ware and all other articles of household goods and all my wearing apparel to be divided equally between them and of which goods and effects I desire and direct that no Inventory or __ be made but that my Executor hereinafter named pass over all such goods to my said daughters and they to divide them between themselves. Third: I will devise and bequeath to my said Daughter Jennie Brach the sum of One Thousand Dollars for her use and benefit as in part to remunerate her for my house and car in her family. Said One Thousand dollars to be invested by my Executor hereinafter named with advice of said Jennie Brach and James H. Brach, her husband in some real estate or house and lot to make them a home and title thereto to be in her name. Fourth: I will and bequeath to my Grand daughter Mary Gould daughter of my son A. M. Gould lately deceased of Clarence Shelby County, Missouri, the sum of Five Hundred Dollars for her use and benefit. The same to be paid over by my Executor hereinafter named to the said Mary's mother and brothers = Mary A. Gould and George Gould of Clarance Shelby County, Missouri, who I do hereby appoint as trustees for said Mary and they to take said money and keep the same loaned out on good real estate security and the interest only to be used by them yearly and each year for said Mary's clothing and support so long as she may live unless by some long and protracted sickness of said Mary's might make it necessary to use a portion of the principal in paying such necessary expenses. And at the death of said Mary the principal sum that may be left shall be by said trustee divided equally between said Mary's Brothers and Sisters her surviving. Fifth: I will give and bequeath to my two Grand daughters Bell Gould and Jennie Gould, now Mrs. Brodway, daughters of my son, George, lately deceased, the sum of One Hundred Dollars to be divided equally between them share and share alike. Sixth: I will and direct that the rest and residue of my estate personal or real be divided in eight equal parts or shares and paid over by my Executor hereinafter named to my said eight children and grand children or their legal representatives as follows, to A. M. Gould, Wm. B. Gould, James Gould, E. Dwight Gould, Charles Gould, Fanny Onderdonk, Jennie Brach and my grand daughter Mable Merinda Gould, daughter of my son John Gould, late of Warrington, Mississippi, deceased, being and making eight equal shares to them or their heirs then surviving. And I do hereby constitute and appoint said Mable Gould's mother, Martha Gould (widow) of son John, deceased, as trustee or _______ guardian for her said daughter, Mable, to take and receive from my said Executor said part or portion so willed to said Mable absolute and to keep the same loaned out on good real estate security for her use and benefit and for no other use or purpose whatever and the interest to be used as she, said Mable, need from time to time until said Mable shall arrive at the age of twenty-one years and in case said Mable shall die before arriving at the age of twenty-one leaving no child or children her surviving then said money to go to and belong to her mother Martha Gould for her own use and benefit. Seventh: I hereby constitute and appoint Thomas Scovell of the City of Lockport to be my sole Executor of this my last Will and Testament. With full power to execute any and all papers necessary for a final settlement of my estate as herein provided and to collect any and all claims and demands due me or my estate and to give receipts therefor and to pay the above bequests and take receipts therefor and full power to settle and close up the estate in accordance to this my Will. Using his own good judgment as to time of settling as may be for best interest of said Estate and I hereby revoke any former Wills by me made. In Witness Whereof I have hereunto subscribed my name and affixed my seal this 18th day of March 1881. X (her mark) ( ) Merinda Gould ( Seal ) ( ) The foregoing instrument consisting of four pages was on the day of the date thereof signed by the testatrix therein named in our presence and she at the same time acknowledged it to be her last Will and Testament and we at the same time in her presence and in the presence of each other and at her request signed our names hereto as subscribing witnesses to the execution thereof and have written opposite our names our respective places of residences. D. W. Lyon, City of Lockport, N.Y. (Signature) H. J. Graham, City of Lockport, N.Y. (Signature) Surrogate's Court. In the Matter of Proving the Last Will and Testament) OF) Marinda Gould) Deceased) Niagara County, ss. D. W. Lyon and Hector J. Graham being duly sworn, in open Court and 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 Merinda Gould 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 Merinda Gould deceased, did, in the presence of each of these deponents, subscribe her 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 said deceased and which bears date on the Eighteenth day of March one thousand eight hundred and eighty-one. That the said deceased did, at the time of subscribing her name to the said instrument aforesaid, declare the same to be her 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 her presence, and in the presence of each other: That the said deceased, at the time of so subscribing her 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 she appeared to be, and deponents believe she 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. Taken, subscribed and sworn to before me, this 12th day) D. W. Lyon (Signature) of April 1886 ) William J. Bulger, Surrogate ) H. J. Graham (Signature) Niagara County, ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Merinda Gould 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 Merinda Gould deceased, at the time she 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 Statues, this 12th day of April 1886. William J. Bulger (Signature), Surrogate