EVA 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 EVA BUGH deceased Be it remembered, that heretofore, to wit: On the 28th day of November in the year of our Lord, one thousand eight hundred and ninety eight, Moses Dunkleberger, Executor named in the Last Will and Testament of Eva Bugh, late of the town of Royalton, 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 heirs-at-law next of kin to the said testatrix 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 21st day of January, A.D. 1899 to attend the probate of said Will. And Afterwords, to-wit: On the 28th day of January, A. D. 1899, 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 no one appearing to oppose the probate of such Will such proceeding were thereupon had in said Court,l afterwards, that said Surrogate took the proofs of said Will hereinafter set forth, upon this 28th day of January 1899, 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 Eva Bugh of the town of Lockport in the County of Niagara and State New York. I, Eva Bugh, of the town of Lockport, in the County of Niagara, and State of New York, do hereby make, publish, and declare this my last Will and Testament as follows, First I give, devise and bequeeth all my property, real and personal, and wherever situated, unto my Executor hereinafter named in trust for the following uses and purposes. Second I direct my said Executor to pay all my lawful debts and the expenses of administering my estate and my funeral expenses: and he shall expend not less than three hundred nor more than five hundred dollars in erecting a suitabel monument to my memory. Third I direct my said Executor to deliver, and I hereby will, to Ida Amanda Eberling to whom I had the honor of giving her name the contents of my parlor bedroom consisting of one bedstead, bedding, three chairs and other furniture, carpets, whether on the floor of not, one set of bedroom crockery and everything in the nature of furniture in said room contained or pertaining thereto. Fourth. I direct my said Executor to deliver and I hereby will, to my adopted daughter Isabelle Dunkleberger my parlor bureau and one outfit of bedding. Fifth I direct my said Executor to deliver and I hearby will, to my grandson by adoption I. Newton Dunkleberger any single bedstead, to my granddaughter, by adoption, Viola Amelia Dunkleberger, six yellow chairs and a woolen bedspread, and to my granddaughter by adoption, Jessie Dunkleberger my sewing machine and small wreath and frame. Sixth. I direct my said Executor to deliver and I hereby will to Edith Dershem, granddaughter of my sister Elizabeth, my worsted wreath and frame now in use as a parlor ornament and my parlor table and my parlor mirror. Seventh I direct my said Executor to deliver and I hereby will to my young friend and neighbor Fannie Zimmerman, my Secretary and Bookcase. Eighth. I direct my Executor to deliver and I hereby will, all my household goods and furniture not hereinbefore disposed of and all my wearing apparel to my brothers and sisters Adam Bennage, Mary Bugh, Elizabeth Dershem, Susanna Dieter, Sarah Goodlander and John Bennage, to be equally divided between them. Ninth. I direct my said Executor to pay, and I hereby will, to Eva Long whom I had the honor to name after myself, the sum of one hundred dollars. Tenth. I direct my said Executor to pay and I hereby will, to Emma Cummings granddaughter of my sister Mrs. Henry Bugh the sum of fifty dollars. Eleventh. I direct my said Executor to pay and I hereby will to the Publishing House of the Evangelical Association of North America at Cleveland, Ohio the sum of five hundred dollars to be invested by it and the use or income to be paid, from year to year, to the First Evangelical Church of the town of Lockport of which I am a member to be applied on the Minister's Salary. The receipt of the Treasurer of said Publishing House shall be a sufficient discharge to my Executor for the payment of this legacy. Twelfth. I direct my Executor to pay and I hereby will to the Missionary Society of the Evangelical Association of North America; a corporation under the laws of the State of Ohio and located at Cleveland, Cuyahoga County, Ohio, the sum of one hundred and fifty dollars to be applied according to the Constitution of said society and the receipt of the Treasurer shall be a sufficient discharge to my Executor for the payment of the same. Thirteenth. I direct my Executor to pay and I hereby will to the Missionary Society of the New York Conference of the Evangelical Association of North America, the sum of one hundred and fifty dollars, and receipt of the Treasurer shall be sufficient discharge to my Executor for the payment of the same. Fourteeth. I direct my said Executor to pay and I hereby will to the Missionary Society of the Evangelical Association of North America, a corporation under the laws of the State of Ohio, and located at Cleveland, Cuyahoga County, Ohio, in addition to bequest "twelfth" herein the sum of one hundred and fifty dollars to applied to the Japan Mission according to the Constitution of said Society and the receipt of the Treasurer shall be a sufficient discharge to my Executor for the payment of the same. Fifteenth. I direct my said Executor to pan and I hereby will to the Ebenezer Orphan Asylum of the Evangelical Association of North America, a corporation under the laws of the State of Ohio, and located at Flat Rock, Seneca County, Ohio, the sum of one hundred and fifty dollars to be applied according to the Constitution of said Asylum and the receipt of the Treasurer shall be a sufficient discharge to my Executor for the payment of the same. Sixteenth. I direct my Executor to pay and I hereby will to the Northwestern College located at Naperville, Du Page County, Illinois, the sum of one hundred dollars to be applied according to the Constitution of said College and the receipt of the Treasurer shall be a sufficient discharge to my Executor for the payment of the same. Seventeenth. I direct my said Executor to pay and I hereby will to the Union Biblical Institute located at Naperville, Du Page County, Illinois, the sum of one hundred dollars to be applied according to the Constitution of said Institute, and the receipt of the Treasurer shall be a suffiecient discharge to my Executor for the payment of the same. Eighteenth. I direct my said Executor to pay and I hereby will, to each of my brothers and sisters, mainly, Adam Bennage, Elizabeth Dershem, Susanna Dieter, Sarah Goodlander, and John Bennage the sum of three hundred dollars apiece. Nineteenth. I direct my said Executor to retain and I hereby will to him, said Moses L. Dunkleberger, who has after shown one kindnesses and rendered me assistance the sum of two hundred dollars. Twentieth. I hereby direct my Executor to pay and I hereby will, to my nephew Solomon Dershem the sum of two hundred dollars and to my niece Rebecca Rickerd the sum of twenty five dollars and to my niece Anna Dershem the sum of twenty five dollars. Twenty first. I direct my said Executor to pay and I hereby will, to my adopted daughter, Isabella Dunkleberger all the rest, residue and remainer of my estate, or the proceeds thereof, to have and to hold the same to herself, her executors, administrators, heirs and assigns forever. Twenty second. I hereby direct my said Executor to convert all my estate, real and personal, into money as soon after my death as he can do so without sacrifice to my estate and to apply the money so realized in payment of the foregoing legacies. What property I have specifically bequeathed shall be delivered to the several legalies as sson as convenient after my death and is excepted from the direction to my said Executor to convert my estate into money. Twenty third. I hereby authorize and empower my said Executor to sell and convey all real estate I may own when I die on such terms and for such prices as he deems most beneficient for my estate and his conveyance shall convey as good title thereto as any conveyance I could make were I living. Twenty fourth. I hereby make, constitute and appoint Moses Dunkleberger of the Town of Lockport, aforesaid to be the Sole Executor of this my last Will and Testament and I hereby revoke all former wills by me made. In Witness whereof, I have hereunto subscribed my name and affixed my seal on this the twenty first day of April in the year of our Lord, one thousand eight hundred and ninety four. Eva (X) Bugh (L.S.) her mark We whose names are hereto subscribed do certify that Eva Bugh the testatrix subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time she declared in our presence and hearing that the same was her last Will and testament and requested us tand each of us to sigh our names thereto as witnesses to the execution thereof, and which we hereby do in the presence of the testatrix and of each other the day of the date of the said will and have written opposite our names our respective places of residence. John E. Pound of Lockport, NY Lockport Lyman Shimer Lockport, NY Cuthbert Winfred Pound Lockport, NY Surrogates Court In the Matter of proving the last Will and Testament Eva Bugh deceased Niagara County, SS, John E. Pound, Lyman Shimer and Cuthbert Winfred Pound 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 Eva 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 Eva Bugh, 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 the date on the 21st day of April one thousand eight hundred and ninety- four. 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 28th day of January 1899 Charles Hickey, Surrogate John E. Pound Lyman Shimer Cuthbert Winfred Pound Niagara County, SS, It appearing upon the proofs duly taken in respect to the Last Will and Testament of Eva Bugh late of the Town of Royalton in the County of Niagara, and the State of New York, deceased, that the said Eva Bugh deceased was 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 Statures, this 28th of January 1899 Surrogate