WILL: Michael Davitt; Niagara Falls, Niagara co., NY
surname: Davitt, Eames, Daw

submitted by Theresa E. D. Cook (jcook63 at msn.com)
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Submitted Date: January 22, 2005
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Source: sampubco.com
Niagara co NY Will Book Vol 47 page 497
Written: 16 Jul 1894
Probated: 15 Sep 1894

NIAGARA COUNTY SURROGATE'S COURT
Last Will and Testament Of Michael Davitt

Be it REMEMBERED, That heretofore, to-wit:  On the 15th day of September in
the year of our Lord one thousand eight hundred and ninety-four. Bridget
Davitt Executrix named in the Last Will and Testament of Michael Davitt late
of the City of Niagara Falls 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 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 8th day of October, A.D. 1894, to
attend the probate of said Will.
 
Same Matter, Oct 8th, 1894 

Petitioner appears by H.H. Sheldon Esq. Her Attorney and matter adjourned from
time to time until Nov. 12th, 1894 at 10 o'clock AM.

Chauncey E. Dunkleberger, Surrogate

And afterwards, to-wit: On the 12th day of November A.D. 1894, 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 as before 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 November 1894, 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: 

                     Last Will and Testament

I Michael Davitt aged sixty two years of the City of Niagara Falls N.Y. 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 Granddaughter Frances E. Eames the sum of
three hundred dollars to be used for her education or otherwise in the
discretion of my executrix hereinafter named. 

Third - I give bequeath and devise all my real and personal property of
whatsoever name or nature to my wife Bridget Davitt to have and to hold the
same and every part and parcel thereof for and during the term of her natural
life and the full use and benefit thereof.

That after the decease of my said wife I give, bequeath and devise whatever of
real or personal estate or both to my lawful heirs viz: James J. Devitt,
Bridget F. Daw and Mary F. Eames of the City of Niagara Falls N.Y. to be
equally divided between them share and share alike to have and to hold the
same absolutely and forever; also request my said executrix to sell any or all
of my said real estate in her discretion.

Likewise, I make, constitute and appoint my said wife to be executrix with
power and authority sell and convey real estate 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
sixteenth day of July in the year of our Lord one thousand eight hundred and
ninety four.
                                       Michael Davitt (seal)
The above written instrument was subscribed by the said Michael Davitt, 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 and in his presence and in the presence of
each other, do here sign as witnesses thereto
Hazard H. Sheldon residing at Niagara Falls, N.Y.
J. Felix Nassoiy residing at Niagara Falls, N.Y.

                             SURROGATE'S COURT

            In the Matter of Proving the Last Will and Testament 
                                              Of
                                      Michael Davitt

Niagara County, ss

Hazard H. Sheldon and J. Felix Nassoiy 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 Michael Davitt
late of the City of Niagara Falls in the County of Niagara and State of New
York deceased. And these deponents do further say, that the said 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
bears date on the 17th day of July one thousand eight hundred and ninety four.
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 12th day of November
1894    
H.H. Sheldon
J. Felix Nassoiy
Chauncey E. Dunkleberger Surrogate             

Niagara County, ss

It appearing upon the proofs duly taken in respect to the Last Will and
Testament of Michael Davitt late of the City of Niagara Falls in the County of
Niagara, and State of New York, deceased, that the said Will was duly
executed, and that the said Michael Davitt 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 of November 1894.

Chauncey E. Dunkleberger Surrogate