JOHN 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. ************************************************************************ LAST WILL AND TESTAMENT OF John Bugh deceased Be it remembered, that heretofore, to wit: On the 21st day of March in the year of our Lord, one thousand eight hundred and ninety-four, Samuel R. Dershem, Executor named in the Last Will and Testament of John Bugh, late of the town of Lockport, 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 such application the said Surrogate did ascertain by satisfactory evidencce who were the widow next of kin to 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 daid 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 5th day of May, A.D. 1894 to attend the probate of said Will. And Afterwords, to-wit: On the 5th day of May, 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 by Tice and Vicarytus Attns and in appearing that Jennie Elizabeth Dershem, Eva Belle Dershem, Dora Buck, Bessie Multchler and Will Grundrum 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, A.A. Bradley on his consenting thereto was appointed the special guardian of Jennie Elizabeth Dershem & Eva Belle Dershem and Geo. B. Ostrander on his consenting thereto was appointed the special guardian of Dora Buck, Bessie Multchler and Will Grundrum to appear for them and take care of their interests herein and said special guardians appearing in person and one appearing to oppose the probate of such Will such proceeding were thereupon had in said Court,afterwards, that said Surrogate took the proofs of said Will hereinafter set forth, upon this 5th day of May 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: "Will" The last Will and Testament of John Bugh of the town of Lockport, County of Niagara and state of New York. I, John Bugh of the age of 74 years and upwards being of sound mind and memory, aware of the uncertainty of life and the certainty of death, and desirous of making an equitable and proper disposition of my property at my decease, I do make, ordain, publish and declare this to be my last Will and Testament in manner and form following, that is to say: First. I direct that my debts, funeral expended and expenses of administration, including a monument to be erected at my grave, the cose of which monument shall not exceed the sum of five hundred Dollars, shall be paid from the proceeds of my personal estate, not hereinafter specifically bequeathed. Second. I give and bequeath to my beloved wife, Eva Bugh, all my household furniture, stock, farming utensils, carriages and other personal property on the farm now occupied by me, to use and dispose of as she may see fit. Third. I give and bequeath to the Evangelical Association of North America the sum of three hundred Dollars, two hundred Dollars of which shall be used for the Missionary Society of the New York Conference of said Evangelical Association. Fourth. I give and bequeath to Jennie Elizabeth Dreshem and Eva Bell Dreshem, daughters of Samuel S. Dreshem the sum of one hundred Dollars each. Fifth. I give and bequeath to my nephew John S. Bugh the sum of fifty dollars, to my niece Esther Cummings the sum of fifty dollars, and th my niece Mary E. Gillings the sum of fifty dollars. Sixth. I give and devise to my beloved wife Eva Bugh the use of the farm of twenty four and one half acres of land situate in said town of Lockport and occupied by me for and during the term of her natural life; and after her decease I give and devise said farm to my adopted daughter Eva Isabelle Dunkleberger, wife of William Dunkleberger and to her heirs and assigns forever. Seventh. I give and devise all the rest and remainder of my real estate whereever the same may be situate to my said wife Eva Bugh and to her heirs and assigns forever. Eighth. I give and bequeath all the rest residue and remainer of my personal property and estate to my brothers Henry Bugh, Abraham Bugh, George Bugh and Daniel Bugh and to the children of my deceased sisters Catharine Griersburg, Elizabeth Hardref, Susan Burrows and Mary Kramer in equal shares the children of each of said deceased sisters to take the same share which their parent would if living; and this bequist had been made to aid of said brothers and sisters in equal shares. Ninth. I direct that the sum of one hundred dollars for the foregoing bequist of three hundred dollars to the Evangical Association of North America be used for the improvement of the church property of said Association situated in said town of Lockport. Likewise, I make constitute and appoint Samuel B. Dershem of the said town of Lockport 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 25th day of June in the year of our Lord one thousand eight hundred and eighty four. John Bugh (seal) The foregoing instrument was at the date thereof subscribed by John Bugh the testator therein named in the presence of me and each of us. He at the time of making such subscription, acknowledged that he executed the same and declared the same instrument so subscribed by him to be his last Will and Testament. Whereupon me at his request and in his presence, and in the presence of each other, do here subscribe our names as witnesses thereto. Joseph F. Gillings residing at Clarence, Erie Co., NY Henry A. Schneider residing at Lockport, Niagara Co., NY Surrogates Court In the Matter of proving the last Will and Testament John Bugh deceased Niagara County, SS, Joseph F. Gillings and Henry A. Schneider 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 Bugh late of the Town of Lockport in the County of Niagara and State of New York, deceased. And these deponents do further say, that the said John 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 25th day of June one thousand eight hundred and eighty- 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 5th day of may 1894. David Miller County Judge & Acting Surrogate Joseph F. Gillings Henry A. Schneider Niagara County, SS, It appearing upon the proofs duly taken in respect to the Last Will and Testament of John Bugh late of the Town of Lockport in the County of Niagara, and the State of New York, deceased, that the said John 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 5th of May 1894 David Miller County Judge and acting Surrogate