WILL: John Schank;  Lockport, Niagara co., NY 
surname: Schank

submitted by anonymous donor
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Submitted Date: July 26, 2005
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Source: Sampubco.com
Niagara co NY Will Book Vol. 34 page 25
Written: April 16, 1887
Recorded: May 31, 1887

Transcribed from SAMPUBCO copy by Arlene Taylor

Niagara County Surrogate's Court
Last Will and Testament
    of:
John Schank
Deceased.
Be it remembered, That heretofore, to-wit:On the 28th day of May in the year
of our Lord one thousand eight hundred and eighty seven.
              Anna Schank,
Executrix named in the Last Will and Testament of John Schank, Late of the
City of Lockport in the County of Niagara deceased,appeared in Open Court,
before the 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 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.1887,to attend the probate of said Will.

And afterwards,to-wit:on the 31st day of May A.D.1887, 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 & it appearing that William Schank is a minor, the soul only child of 
said deceased, who has been duly served with Citation & notice of appointment
of Special guardian Wm. Crocker, on his consenting thereto was duly appt.
Special guardian for said minor to appear for heir & take care of his
interests herein,and said Special guardian appearing in person,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 31st day of May 1887,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 John Schank, of the City of Lockport, County of 
Niagara and State of New York.

I, John Schank,aware of the uncertainty of life, do make, ordain, publish, and 
declare this my last Will and Testament in the manner and form following,that
is to say.
After the payment of my funeral charges,the expenses of administering my
estate, and my lawful debts. I give, devise and bequeath my property as
follows.

First,I give devise and bequeath unto my beloved wife Anna Schank,all my 
property both real and personal, with full and complete power, and right of 
disposition to be used and applied by her to and for the support, and
maintenance of herself,and to and for the support, maintenance and education
of my son William J. Schank.

Likewise, I make,constitute and appoint my said wife Anna Schank,of the City 
of Lockport, New York, to be executrix of my Last Will and Testament, hereby 
revoking all former Wills by me made.

In Witness whereof I have herewito suscribed my name and offered my seal, the 
Sixteenth day of April, in the year of our Lord one thousand eight hundred and 
eighty seven.
                                                 John Schank         Seal
   
The above instrument was subscribed by the said John Schank 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 her presence, and in
the presence of each other, and written opposite our names our respective
places of residence.

      Theron Baldwin, Residing at Lockport, New York.
      D.E. Broug, Residing at Lockport, New York.

                Surrogate's Court
In the Matter of Proving the Last Will and Testament
                  of:
              John Schank
                    Deceased
Niagara County,ss.
Theron Baldwin and Daniel E. Broug, 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 John Schank 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 John Schank,
deceased, did, in the presence of each of these deponents, subscribe his name
at the end of the instrument in writting which is now here shown to these
deponents, and which purports to be the Last Will and Testament of the said
deceased and which bears date on the 16th day of April one thousand eight
hundred and eighty-seven. 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.

Taken, subscribed and sworn to before me,this 31st day of May 1887             
                       Theron Baldwin.
      William J. Bulger Surrogate                  D.E. Broug.

Niagara County,ss.
It appearing upon the proofs duly taken in respect to the Last Will and 
Testament of John Schank, 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 John Schank,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 Status,this 31st day of May 1887
                                              William J. Bulger. Surrogate.