WILL: Jeremiah O'Leary; Boonville, Oneida co., NY surname: O'Leary, Buckley submitted by Kristin Grip (kgrip29 @ aol.com) ************************************************************************ 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 *********************************************************************** O'LEARY, Jeremiah of Boonville 1878 Surnames: O'Leary, Buckley Transcribed from SAMPUBCO photocopy by Kristin Grip Oneida Co NY Wills Vol. 29, page 311 At a Surrogate's Court, held at the Surrogate's Office in Rome in the County of Oneida, on the 13 day of September A.D. 1878, before Stephen Van Dresar, Surrogate of the said county, for the purpose of proving and recording the last Will and Testament of Jeremiah O'Leary late of the town of Boonville in the county of Oneida, deceased, in pursuance of chapter sixth, title first, article first, part second, of the Revised Statutes of the State of New York, and of an Act 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 James Nyland in said Will named Executor. Terence Conlon being duly sworn and examined in open court, testified that he was well acquainted with Jeremiah O'Leary deceased, and had been for the last 5 years immediately preceding his death; that he died in the month of Sept 1864 at Boonville 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, by making his mark on the day the same bears date, 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 John Coughlin who also at the time signed the same, as subscribing witness 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. Terance Conlon John Coughlin being duly sworn and examined in open court, testified that he was well acquainted with Jeremiah O'Leary deceased, and had been for the last 10 years immediately preceding his death; that he died in the month of Sept 1864, at Boonville 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, by making his mark on the day the same bears date, 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 Terance Conlon 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 this deponent, that the said Testator at the same 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 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. John Coughlin 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 to be recorded. Witness, Stephen Van Dresar, Surrogate as aforesaid, the 13 day of Sept 1878. Stephen Van Dresar, Surrogate. The last Will and Testament of Jeremiah O'Leary In the name of God, Amen. I , Jeremiah O'Leary, considering the undertainty of this mortal life, and being in sound mind and memory, blessed by Almighty God for the same, do make and publish this my last Will and Testament, in the manner and form following: I give and bequeath unto my beloved wife Catherine, all my real Estate, consisting of one hundred and fourteen acres of land, situate on the East side of Black River, in the town of Boonville, County of Oneida and State of New York, with all the appurtenances thereunto belonging. I also bequeath to my wife all my personal Estate, to have and to hold the same, together with my real estate for her own use and benefit during the term of her natural life, and after the death of my beloved wife, I desire to have my real and personal estate equally divided between my sons Patrick and James O'Leary. I hereby appoint James Nyland, Executor of this my last Will and Testament. In witness whereof, I have hereunto set my hand and seal this third day of September in the year of our Lord, one thousand eight hundred and sixty four. Jeremiah O'Leary The within instrument consisting of one sheet was now here subscribed by Jeremiah O'Leary the testator, in the presence of each of us, and was declared by him to be his last Will and Testament, and we at his request, sign our names hereto as attesting witnesses. Terence Conlon Boonville, Oneida Co John Coughlin the same as above State of New York, County of Oneida I, Stephen Van Dresar, Surrogate of said county hereby certify the foregoing to be the record of the last Will and Testament of Jeremiah O'Leary, deceased, and the proofs and examinations taken thereon. Stephen Van Dresar Surrogate