WILL: James Deans; Kirland, Oneida co., NY surname: Deans, Watson submitted by Dorothy E. Burr (deburr @ infoblvd.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Dorothy E. Burr Oneida co NY Will Book vol 19 page 317 Will of James Deans Town of Kirkland Probate: June 5, 1867 At a SURROGATE'S COURT, held at the Surrogate's Office in Clinton, in the County of Oneida, on the 5th day of June, A.D., 1867, before Joseph S. Avery, Esq. Surrogate of the said County, for the purpose of proving and recording the last Will and Testament of James Deans late of the town of Kirkland in the County of Oneida deceased, in accordance with Chapter sixth, title first, article first, part second, of the Revised Statutes of the State of New York, and of the entitled “An act concerning the Proofs of Wills, Executors and Administrators, Guardians and Wards, and Surrogate’s Courts,” passed May 16, 1837, and other Acts concerning the same, on the application of William H. Havens in said Will named Executor. Chauncey I. Niles, being duly sworn and examined in open Court, testified that he was well acquainted with James Deans, deceased, and had been for the last 8 years immediately preceding his death; that he died in the month of April last past, at Kirkland in the county of Oneida which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered, to be proved, recorded and admitted to probate as the last Will and Testament of the said deceased, on the day the same bears date, ( the seal having been previously affixed) that this deponent signed the same, at the same time as a subscribing witness, in the presence of the Testator and at his request, and in the presence of Joseph Stockbridge who also at the same time signed the same, as subscribing witness in the presence of the Testator and at his request, and in the presence of the deponent, that the said Testator at the time he signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same, as and for his last Will and Testament; and this deponent further says, that the said Testator at the time he so signed, published and declared the same as aforesaid, was of sound and disposing mind and memory, and of full age and not under restraint, and competent to devise real estate. Chauncey I. Niles Joseph Stockbridge being duly sworn and examined in open Court, testified that he was well acquainted with James Deans, deceased, and had been for the last 8 years immediately preceding his death; that he died in the month of April last past, at Kirkland in the County of Oneida which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered to be proved ,recorded and admitted to probate as the last Will and Testament of the said deceased, on the day the same bears date, (the seal having been previously affixed) that this deponent signed the same, at the same time, as a subscribing witness, in the presence of the Testator and at his request, in the presence of Chauncey I. Niles who also at the same time signed the same as subscribing witness, and in the presence of the Testator and at his request, and in the presence of this deponent, that the said Testator at the time he so signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same as and for his last Will and Testament; and this deponent further says that the said Testator at the time he so signed, published, and declared the same as aforesaid, was of sound and disposing mind and memory, and of full age; and not under restraint, and competent to devise real estate. Joseph Stockbridge The foregoing proofs and examinations having been taken before me, the Surrogate aforesaid, at the time and place above mentioned, and the depositions of the respective witnesses having been by them respectively subscribed after having been carefully read over to them; I, the said Surrogate, being satisfied upon the said proofs and examinations taken, that the said Will is genuine and valid and was duly executed; and the said Testator at the time of executing the same, was in all respects competent to devise real estate, and not under restraint; do therefore allow the said Will to be admitted to probate, as a Will of real and personal estate, and the said Will, proofs, and examinations be recorded. Witness, Joseph S. Avery Surrogate as aforesaid, the fifth day Of June, 1867. J. S. Avery, Surrogate. JAMES DEANS I, James Deans, formerly of Ayer, in Scotland, but now of the town of Kirkland in the County of Oneida and State of New York, being of sound mind and memory and considering the uncertainty of the frail and transitory life do therefore make and 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, the residue of my estate real and personal I give bequeath and dispose of as follows, to wit: To: James S. Watson, One hundred dollars. To: Elizabeth Watson, One hundred dollars. To: Archy Watson (father of the above), One hundred dollars. To: Mary Watson (wife of Archy Watson), One hundred and fifty dollars. I give, bequeath and devise all the rest residue and remainder of my real and personal estate to my father (William Deans), to my brother William Deans, and to my brother John Deans, equally, which said father and brothers are residing in the Town of Ayer in Scotland. Likewise, I make constitute and appoint William H. Havens of Oneida County, N.Y. to be the 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 Twenty-ninth day of March, in the Year of our Lord, One Thousand Eight Hundred and Sixty-seven. James Deans, L.S. The above written instrument was subscribed by the said James Deans in our presence and acknowledged by him to each of us, and he at the same time published and declared the above instrument so subscribed to be his last Will and Testament, and we at the Testators request and in his presence have signed our names as witness hereto. Written opposite our names our respective places of residence. Chauncey I. Niles, L.S. Kirkland Joseph Stockbridge, L.S. Kirkland I Joseph S. Avery, Surrogate of the said county do hereby certify the foregoing to be the record of the last will and testament of James Deans deceased and the proofs and examinations taken thereon. Joseph S. Avery Surrogate