HENRY BUGH WILL, NIAGARA, NEW YORK Copyright (c) 2000 by Linda Byerley (Llbyerley@aol.com). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ NIAGARA COUNTY SURROGATE'S COURT Last Will and Testament of Henry Bugh deceased Be it Remembered that heretofore, to wit: On the 4th day of December in the year of our Lord one thousand eight hundred and ninety-three. Mary Bugh and Edward Gillings, Executors named in the Last Will and Testament of Henry Bugh, 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 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. (There is some more formal wording scratched out that apparently did not apply in this case) And it appearing that Mary Bugh, George W. Bugh, Henry D. Bugh, John S. Bugh, Mary E. Gillings and Ester S. Cummings are the widow and all the heirs at law and next of kin of said deceased and all persons in being who would take and interest in any portion of said real or personal property under the provisions of said will and the executors, trustee or trustees named or described therein of said deceased and all of said persons being of full age and all of said parties above named having appeared by a written waiver of the issuing and service upon them of a citation properly executed except Mary Bugh the petitioner and one (more scratched out wording on the form) of the executors named herein who appeared by Hopkins & Brim her attornies who also appeared for Edward Gillings the other petitioner and executor herein. No one appearing to oppose. Ordered, that the proof of said will be proceeded with immediately without the issuing and service of any citation herein. 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 4th day of December 1893, and he thereupon adjudged the said Will (more scratched out words on the form) 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 Henry Bugh of the City of Lockport, NY. I, Henry Bugh of the City of Lockport, County of Niagara and State of New York aware of the uncertainty of life and the certainty of death, do make, ordain, establish 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 and bequeath unto my wife, Mary Bugh, all of my personal property of whatever it may consist and wheresoever found to be taken and accepted by her in lieu place and stead of dower. Second. I will and direct my executrix and executor hereinafter named to seel and convey my farm of about fifty acres at such time and upon such terms as they deem most advantageous to my estate and hereby give them full power and authority to make execute and deliver any deed or deeds that may be necessary to give good title to said farm as well and fully and effectually as I might or could do. And out of the proceeds realized by my said executrix and executor to first pay all my funeral expenses and expenses of administering my estate and to provide at a cost not to exceed one hundred dollars a monument at my grave of such design and outline as they shall deem suitable. And after such payments have been fully made they shall pay to my son George W. Bugh an undivided one fifth of said residue first deducting from said one fifth the sum of five hundred eighty-four dollars and thirty-six cents, an undivided one fifth thereof, that iis of said residue to my daughter Mary E. Gillings after first deducting from said one fifth the sum of three hundred ninety four dollars and fifty cents, an undivided one fifth of said residue to my son Henry D. Bugh after first deducting from said one fifth to be paid to my son Henry D. Bugh the sum of one thousand one dollar and eighty two cents, an undivided one fifth of said residue to my daughter Esther S. Cummings after first deducting from said one fifth the sum of three hundred seventy-nine dollars and six cents, an undivided one fifth of said residue to my son John S. Bugh after deducting from said one fifth the sum of six hundred eleven dollars and thirty six cents. And in case the share or fifth hereby given to each of my children shall not amount to as much as the sume directed to be deducted from his or her share then such child or children shal not be entitled to share in such proceeds but should said sum be in excess of his or her share he of she shall not be called upon to pay to my estate or to my exectrix or executor any sum or amount on account of such difference. I hereby release and discharge each and every one of my children of and from all debts or liabilities due or owing to me from them so that no child shall be called upon to pay anything to my estate after my death on account of any transaction whatever up to the date hereof. It being my intention that each of my children shall share equally in my estate with what they have had heretofore by way of advances and loans. Likewise I make constitute and appoint my said wife and my son-in-law Edward Gillings to be executrix and executor of this my last will and testament hereby revoking all former wills by me made. In witness whereof, I have hereunto set my hand and seal this ninth day of July, 1892. Henry Bugh (seal) The foregoing written instrument was subscribed by the said Henry Bugh in our presence and acknowledged by him to each of us and he at the same time declared the foregoing instrument so subscribed to be his last will and Testament; and we at his request have signed our names as witnesses herto in his presence and in presence of each other, and written opposite our names our repective places of residence. Fred W. Webber Lockport, NY Reuben W. Sand Lockport, NY SURROGATE'S COURT In the matter of the Last Will and Testament of Henry Bugh deceased Niagara County, ss, Fred W. Webber and Reuben W. Sand being duly sworn, in open Court and upon their several oaths, each for himself doth depose and say, that he is a subscribing witness to the Last Will and Testament of Henry Bugh, 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 Henry Bugh 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 the date on the ninth day of July one thousand eight hundred and ninety two. 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 those 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 aaforesaid, 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 a respects competent to devise real estate; that each of these deponents say the other sign his name to the said instrument in the presence of the said deceased. Taken, subscribed and sworn to before me, this 4th day of Dec. 1893 Chauncey ?. Dunkleberger Surrogate Fred W. Webber R. W. Sand Niagara County, SS, It appearing upon the proofs duly taken in respect to the Last Will and Testament of Henry Bugh late of the City of Lockport in the County of Niagara, and the State of New York, deceased, that the said Henry Bugh deceased, was 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 Statures, this 4th of December 1893. Chauncey ? Dunkleberger Surrogate