WILL: Oscar W. Henning; Lockport, Niagara co., NY surname: Henning submitted by anonymous (per request) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 31, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.6 Kb ************************************************ Source: Sampubco.com Niagara co NY Will Book Vol. 32 page 571 Written: December 7, 1885 Recorded: April 12, 1886 Transcribed from SAMPUBCO copy by anonymous (per request) NIAGARA COUNTY SURROGATE’S COURT Last Will and Testament of Oscar W. Henning, deceased. BE IT REMEMBERED, That heretofore, to wit: On the 29th day of March in the year of our Lord one thousand eight hundred and eighty-six, Cora E. Henning the Executrix named in the Last Will and Testament of Oscar W. Henning 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 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 Ralph Mortimer Henning is a minor. George P. Ostrander on his consenting thereto was duly appointed the special guardian of 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 the name of God to whose almighty power I commend my soul. Amen. I Oscar W. Henning of the City of Lockport, Niagara County, New York being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last Will and Testament, that is to say: First: After all my lawful debts and funeral expenses are paid and discharged, I give and bequeath unto my beloved son Ralph Mortimer Henning my watch and the sum of two thousand dollars to be paid to him when he arrives at the age of twenty one years. I direct said sum to be kept invested by my executrix hereinafter names in her name and she shall receive the interest thereon and expend it for the benefit of my son until he arrives at the age of twenty one years as aforesaid. All the rest residue and remainder of my estate real and personal, I give devise and bequeath unto my beloved and faithful wife Cora E. Henning and to her executors administrators heirs and assigns forever. I hereby nominate and appoint my said wife testamentary guardian of my said son. I hereby emb?er and authorize my executrix hereinafter named to sell lease mortgage or in any other way dispose of any and all real estate I may own at the time of my death on such terms as to her serves best. Likewise, I make, constitute and appoint my said wife Cora E. Henning to be executrix of this my last Will and Testament hereby revoking all former wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the seventh day of December in the year of our Lord, one thousand eight hundred and eighty five. Oscar W. Henning (Seal) The above written instrument was subscribed by the said Oscar W. Henning in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last Will and Testament. And we at his request have signed our names as witnesses hereto in his presence and in the presence of each other and written opposite our names our respective places of residence. John E. Pound of the City of Lockport, NY. Henry N. Hill Lockport, NY. SURROGATE’S COURT In the Matter of Proving the Last Will and Testament OF Oscar W. Henning deceased Niagara County, SS. John E. Pound and Henry N. Hill 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 in the Last Will and Testament of Oscar W. Henning 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 Oscar W. Henning deceased, did, in 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 which bears date on the 7th day of December one thousand eight hundred and eighty five. 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 his name to the said instrument in the presence of the said deceased. John E. Pound Henry N. Hill Taken, subscribed and sworn before me, this 12th day Of April 1886. William J. Bulger Niagara County, SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Oscar W. Henning 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 Oscar W. Henning deceased, at the time he executed the same, was in all respects competent to devise real estate, and not under any restraint, and that 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 12th day of April 1886. William J. Bulger, Surrogate Additional Comments: Please list as "anonymous donor"