WILL: Ira W. Congdon; Middleport, Niagara co., New York submitted by Stephanie Schlick (sschlick at earthlink.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/niagara/wills/v54/congdon-iraw.txt *********************************************************************** Source: sampubco.com Niagara co NY Will Book Vol. 54 page 513 Written: 8 Apr 1899 Probated: 19 Nov 1900 Transcribed from SAMPUBCO photocopy by Stephanie Schlick Niagara Co. NY Will Book Vol. 54, page 513 Surnames: CONGDON, FREEMAN, SECOR, WATERS P. 513 NIAGARA COUNTY SURROGATE'S COURT Last Will and Testament of IRA W. CONGDON, Deceased. Be it Remembered, That heretofore, to-wit: On the 19th day of November in the year of our Lord one thousand nine hundred SIVONIA [sic] N. CONGDON Executrix named in the Last Will and Testament of IRA W. CONGDON late of the Village of Middleport 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 [Note: following portion crossed out by hand]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 ___ day of ___, A.D. 18__, to attend the probate of said Will.[End portion crossed out by hand] It appearing from said petition that CHARLES E. CONGDON is the only heir at law and next of kin of said decedent and he having waived the issue and service of a citation upon him herein by written waiver properly executed and filed herewith and said petitioner (widow) having appeared by Judson & Richardson, her attorneys, no one appearing to oppose. [Note: following portion crossed out by hand] And afterwards, to-wit: On the ___ day of ___ A.D. ___, satisfactory evidence by affidavit was probated 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 [End portion crossed out by hand] 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 19th day of November 1900, 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" In the Name of God, Amen I, IRA W. CONGDON of the Village of Middleport, 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, publish and declare 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 to my wife LIVONIA N. CONGDON all of my property of Whatsoever name or nature both Person & real Likewise, I make, constitute and appoint my wife LIVONIA N. CONGDON to be executrix 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 Eighth day of April in the year of our Lord, one thousand eight hundred and ninety-nine. IRA W. CONGDON (L.S.) The above written instrument was subscribed by the said IRA W. CONGDON in our presence, and acknowledged by him to each of us; and he at the same declared the above instrument, so subscribed, to be his last Will and Testament; and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other, and written opposite our names our respective places of residence. LINUS S. FREEMAN, Middleport, N.Y. FRANK C. WATERS, Middleport, N.Y. FRANK J. SECOR, Middleport, N.Y. SURROGATE'S COURT. In the Matter of Proving the Last Will and Testament of IRA W. CONGDON Deceased. Niagara County, ss. FRANK C. WATERS and FRANK J. SECOR 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 IRA W. CONGDON late of the Village of Middleport in the County of Niagara and State of New York, deceased. And these deponents do further say, that the said IRA W. CONGDON 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 date of the 8th day of April one thousand eight hundred and ninety-nine. 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 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 19th day of November 1900. [Signature] Charles Hickey, Surrogate. [Signatures of] Frank C. Waters and Frank J. Secor Niagara County, SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of IRA W. CONGDON late of the Village of Middleport in the County of Niagara, and State of New York; deceased, that the said Will was duly executed, and that the said IRA W. CONGDON 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 19th day of November 1900. [Note: No signature on signature line], Surrogate.