WILL: Silas H. Congdon; Hartland, Niagara co., NY submitted by Stephanie Schlick (sschlick at earthlink.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/niagara/wills/v45/congdon-silash.txt *********************************************************************** Source: sampubco.com Niagara co NY Will Book Vol. 45 page 337 Written: Probated: 16 May 1892 NIAGARA COUNTY SURROGATE'S COURT Last Will and Testament of SILAS H. CONGDON, Deceased. Be it Remembered, That heretofore, to-wit: On the 30th day of April in the year of our Lord one thousand eight hundred and ninety-two GEORGE F. CONGDON Executor named in the Last Will and Testament of SILAS H. CONGDON late of the town of Hartland 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 next of kin of the said Testator and all persons in being who would take an interest in any portion of said real or personal property, under the provisions of said will, and the executor or executors, trustee or trustees named or described therein of said deceased, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the proper persons 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 16th day of May, A.D. 1892, to attend the probate of said Will. And afterwards, to-wit: On the 16th day of May A.D. 1892, satisfactory evidence by affidavit was probated and presented to said Surrogate of the due service of said Citation in the mode prescribed by law and on that day said executor appears by Geo. D. Jordan his atty and it appearing that WILLIE TAYLOR and SUSA TAYLOR named in the petition herein are minors who have been duly served with a citation and notice of the application for the appointment of a special guardian, EDWARD J. TURNER on his consenting thereto was appointed such special guardian to appear for said minors and take care of their 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 16th day of May 1892, 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" P. 338 Last Will and Testament I, SILAS H. CONGDON of the Town of Hartland NY. do make, ordain, publish and declare this my last Will and Testament, in manner and form following, that is to say: First, I direct the payment of my just debts, if any, and my funeral expenses. Second, I give and bequeath to my daughter HELEN [TAYLOR] the sum of one dollar. 3d I give and bequeath to each of my daughter Helen's children WILLIE and SUSA [TAYLOR], the sum of Two Hundred Dollars each if living. If either should not be living the amount to go to my son GEORGE F. [CONGDON], but in case one of then should be taken away the other to receive the whole amount, Four Hundred Dollars. 4th I give and bequeath to my son GEORGE [CONGDON], all of my Real and Personal estate after paying to my daughter HELEN [TAYLOR] the sum of one dollar, also to her children WILLIE and SUSA [TAYLOR], the sum of two Hundred Dollars each; I also direct that my executor [GEORGE F. CONGDON] cause to be placed on the center of my cemetery lot where Father, Mother, & Wife now lay a monument to cost not less than two Hundred Dollars ($200.00) and the names of my Father, Mother and Wife and self engraved thereon. Likewise, I make, constitute and appoint my son GEORGE F. CONGDON to be executor 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 Fifteenth day of September in the year of our Lord, one thousand eight hundred and ninety one S.H. CONGDON (Seal) The above written instrument was subscribed by the said SILAS H. CONGDON in our presence, and acknowledged by him to each of us; and he at the same declared the above instrument, so subscribed, to be his last Will and Testament; and we, at his request and in the presence, and in the presence of each other, do here sign as witnesses thereto LEWIS H. SPALDING, Middleport, NY. CHARLES F. WILLIAMS, Middleport, NY SURROGATE'S COURT. In the Matter of Proving the Last Will and Testament of SILAS H. CONGDON Deceased. Niagara County, ss. LEWIS H. SPALDING and CHARLES F. WILLIAMS being duly sworn, in open Court and upon their several corporeal oaths, each for himself doth depose and say, that he is each is a subscribing witness to the Last will and Testament of SILAS H. CONGDON late of the town of Hartland in the County of Niagara and State of New York deceased. And these deponents do further say, that the said SILAS H. CONGDON deceased, did, in the 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 and which bears date of the 15th day of September one thousand eight hundred and ninety one. 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 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 16th day of May 1892. [Signature] Chauncey E. Dunkleberger, Surrogate. [Signatures of] Lewis H. Spalding and C.F. Williams Niagara County, SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of SILAS H. CONGDON late of the Town of Hartland in the County of Niagara, and State of New York; deceased, that the said Will was duly executed, and that the said SILAS H. CONGDON 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 16th day of May 1892. [Signature] Chauncey E. Dunkleberger, Surrogate.