WILL: Mary M. Nichols; Marshall, Oneida co., NY
Surname: Nichols, Ellsworth, Page

submitted by Doug Boyer (dboyer @ citynet.net)
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Transcribed from SAMPUBCO photocpy by Doug Boyer

Oneida co NY Will Book Vol. 19 page 321

At a Surrogate's Court, held at the Surrogate's Office in Utica in the County
of Oneida on the 25 day of June A. D., 1867, before Joseph S Avery by M
Nichols late of the town of Marshall in the County of Oneida deceased, in
persuance of chapter sixth, title first, article first, part second of the
Revised Statutes of the State of New York, and of an Act intitled "An act
concerning the People of Wills, Executives and Adminisrators, Guardians and
Wards, and Surrogate's Courts," passed May 16, 1837," and other Acts
concerning the same, on the application of Franklin Page in said Will named
executor.

Andrew J. Ketchum being duly sworn and examined in open Court, testified that
he was well acquainted with Mary M. Nichols deceased, and had been for the
last 2 years immediately preceeding her death; that she died in the month of
May last past, at Marshall in the county of Oneida which was her last place of
residence at the time of her 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 her request, and in the presence of Edward D. Buckingham who also at
the same time signed the same, as subscribing witness in the presence of the
Testatrix and at her request, and in the presence of this deponent that the
said Testatrix 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 her last Will and
Testament, and this deponent further says that the said Testatrix at the time
she 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.
                                                                               
Andrew J. Ketchum /s/

and thereupon the further hearing of said matter was adjourned on the 27 day
of June 1867 at 10 o'clock, a.m. at - at which time and place

Edward D. Buckingham being duly sworn and examined in open Court, testified
that he was well acquainted with Mary M. Nichols deceased, and had been for
the last 2 years immediately preceeding her death; that she died in the month
of May last past, at Marshall in the county of Oneida which was her last place
of residence at the time of her 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 her request, and in the presence of Andrew J. Ketchum who also at the
same time signed the same, as subscribing witness in the presence of the
Testatrix and at her request, and in the presence of this deponent that the
said Testatrix 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 her last Will and
Testament, and this deponent further says that the said Testatrix at the time
she 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.
                                                                               
Edward D. Buckingham /s/

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
Testatrix 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 to be recorded.
     Witness, Joseph S. Avery Surrogate as aforesaid, the 27th day of June
1867
                                                                               
Joseph S. Avery m/s/
 Surrogate

          In the name of God Amen,
I, Mary M. Nichols of the town of Marshall the County of Oneida and the State
of New York of the age of twenty four years and being of sound mind and memory
do make publish and declare this my last will and testament in manner
following that is to say

First I give and bequeath to Kate L Ellsworth my Piano Forte and my watch and
chains 

Second I give and bequeath to Margaretta C page my clothes jewelry etc to
dispose of as she sees fit.

Thirdly I give and bequeath for the interests of the church one hundred
dollars.

Fourthly, I give and bequeath to my half brother S. S. Nichols one hundred
dollars.

Lastly I give and bequeath all the residue and remainder of my personal estate
goods and chattels to my cousin Franklin Page whom I hereby appoint sole
executors of this my last will and testament.

     In witness whereof I have hereunto set my hand and seal this nineteenth
day of February in the year of our Lord one thousand eight hundred and sixty
seven.
                                                                               
                                    Mary M. Nichols L.S.

The above instrument consisting of two pages was at the date thereof signed
sealed published and declared by the same Mary M. Nichols as for her last will
and testament in presence of us who at her request and in her presence and in
the presence of each other have subscribed our names as witnesses thereto.
Edward D. Buckingham residing at Utica Oneida Co. N.Y.
Andrew J Ketchum residing at Utica Oneida Co. N.Y.

State of New York
County of Oneida
          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 Mary M.
Nichols deceased and the proofs and examinations taken therein
                                                                               
Joseph S. Avery /s/
Surrogate