WILL: Esther Sweet;  Lockport, Niagara co., NY 
surname: Sweet, Sperry, Joslyn, Pettit, Baldwin

submitted by Kristin Grip (kristingrip at comcast.net) 
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.org/copyright.htm

http://www.usgwarchives.org/ny/nyfiles.htm

Submitted Date: February 7, 2006
This file has been created by a form at http://www.genrecords.org/nyfiles/
File size: 6.8 Kb
************************************************
Source: Sampubco.com
Niagara County Ny Vol 45 Pg 535
Written: June 7, 1888
Recorded: September 12, 1892

Last Will & Testament of Esther Sweet
Transcribed from SAMPUBCO copy by Kristin Grip

NIAGARA COUNTY SURROGATE’S COURT

Last Will and Testament of Esther Sweet, Deceased.

Be it Remembered, That heretofore, to-wit: On the 23rd day of July in the year 
of our Lord one thousand eight hundred and ninety-two Mortimer D. Sweet, 
Executor named in the Last Will and Testament of Esther Sweet 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 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 
12th day of September, A.D. 1892, to attend the probate of said Will.

And afterwards, to-wit: On the 12th day of September A.D. 1892, 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 by Chas. Hickey his attorney 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 September 1892, and he thereupon ordered 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 Amen.
I, Esther Sweet of the City of Lockport County of Niagara State of New York 
being of sound mind and memory, and considering the uncertainty of this frail 
and transitory life, do therefore make, ordain and publish this to be my last 
Will and Testament; that is to say.

First – After all my lawful debts are paid and discharged, I give and bequeath 
unto my nephew Leonard Sperry the sum of four Hundred dollars to be paid him by 
Executor hereinafter named.

Second. I give devise & bequeath all the rest residue & remainder of my estate 
both Real & personal unto my Grandnephew M. DeLancey Joslyn otherwise known as 
M. Delancey Sweet.

Likewise, I make, constitute and appoint M. DeLancey Joslyn otherwise known as 
M. DeLancey Sweet to be sole 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 
Seventh day of June, in the year of our Lord one thousand eight hundred and 
eighty eight.

Esther “X her mark” Sweet

The above written instrument was subscribe by the said Esther Sweet in our 
presence and acknowledged by her to each of us and she at the same time declared 
the above instrument so subscribed to be her last Will and Testament, and we at 
her 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.
W. M. Pettit, Lockport, NY
Eleazer Baldwin, ditto

SURROGATE’S COURT.
In the Matter of Proving the Last Will and Testament of Esther Sweet, Deceased.
Niagara County, ss.
W. M. Pettit and Eleazer Baldwin 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 Esther Sweet 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 Esther Sweet 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 the said deceased and which bears 
date on the 7th day of June one thousand eight hundred and eighty eight. 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 of Sept. 1882.
Chauncey E. Dunkleberger, Surrogate.

W. M. Pettit
Eleazer Baldwin

Niagara County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and 
Testament of Esther Sweet 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 Esther Sweet deceased, at the time she 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 of September 1892.
Chauncey E. Dunkleberger, Surrogate