WILL: David G. Montgomery; Syracuse, Onondaga co., NY surname: Montgomery submitted by Diane Wilson Flynn *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Onondaga co NY Will Book Vol. F page 421 The Deathbed Will of David G. Montgomery dated 9th day of July 1838 and proved 7th August 1838 To the Surrogate of Onondaga County: The Petition of Worthy W. Montgomery and Sarah E. Montgomery, of Syracuse in said County, Showeth, That they are named in the last Will and Testament of David G. Montgomery late of Syracuse aforesaid, deceased, as Executors thereof: That Said Will is a Will of both real and personal Estate, and bears date the 9th day of July A.D. 1838. -That they have caused Citations in the matter of proving Said Will, to be duly & regularly Served on the Widow and Each of the next of kin and heirs at law of said deceased, as will more fully appear by proof of such Service, which your Petitioners are now ready to introduce & file -- He therefore prays said Surrogate, that proofs and Examinations of the due Execution and Validity of said Will, may be taken, and that it may be admitted to Probate and Record as a Will of real & personal Estate -- Syracuse August 7th A.D. 1838 .................... Sarah E. Montgomery .................... W. W. Montgomery In the matter of the Will of } David G. Montgomery deceased} Onondaga County, ss. Worthy W. Montgomery, of Syracuse being duly sworn deposeth. That David G. Montgomery, then an inhabitant of the Village of Syracuse in said county of Onondaga, died in said Village & county on or about the ninth day of July instant, leaving Sarah E. Montgomery of Syracuse his Widow, and Henry O. Montgomery of Syracuse, his next of kin and only heir at law him Surviving; that said Henry O. is an infant under twenty one years of age, that the said deceased died a natural death, and left an instrument in writing purporting to be his last Will & Testament; in and by which real & personal Estate^ is devised & willed. [last 4 words interlined] And in and by which this deponent & the said Sarah E. Montgomery are named as Executors thereof -- This deponent requests that Said instrument may be admitted to Probate & to Record as a Will of real and personal Estate. Sworn July 20, 1838............................ W. W. Montgomery ............... J. Fleming Junr. - Surrogate Onondaga County } Surrogate Court. ss } It is hereby ordered that Harvey Baldwin of Syracuse. be appointed Special Guardian in the within matter for Henry O. Montgomery an Infant heir and next of kin of David G. Montgomery deceased. Manlius July 20 . 1838. ......................John Fleming Junr. Surrogate. Surrogate Court. In the matter of the Will of } David G. Montgomery deceased.} It is ordered that the hearing in this matter be adjourned to the Office of William J. Dodge in Syracuse, at 11. o'clock in the fore noon - ..................... J. Fleming Junr. ..................... Surrogate The People of the State of New York To Sarah E. Montgomery^ the widow [last two words interlined] and Hervey Baldwin the guardian adlitem of Henry O. Montgomery an infant, all of Syracuse, Onondaga County; the said Henry O. being the only next of kin and heir at law of David G. Montgomery late of the town of Salina, in the county of Onondaga and State of New York, deceased. Greetings: Whereas, Worthy W. Montgomery an Executor named in the last Will and Testament of the real and personal Estate of said deceased, has offered said Will for Probate and Record, before the Surrogate of Onondaga County: You are therefore hereby cited to appear before said Surrogate, at a Surrogate's Court to be holden in & for Said County, at the Surrogate's Office in Manlius on the Seventh day of August next at ten o'clock in the fore noon of that day to attend the Probate of Said Will --- L. S. Given under the Hand and Seal of Office of said Surrogate, at Manlius in Said County of Onondaga. this twenty fourth day of July A.D. 1838. ......................... J. Fleming Junr. Surrogate We the undersigned do hereby admit due and legal Service, on Each of us. of the above citation -- H. Baldwin -- Sarah E. Montgomery -- W.W. Montgomery State of New York. } Onondaga Surrogate Court } In the matter of proving the } last Will and Testament of } Onondaga County. ss: George Montgomery of the town of Onondaga in the county of Onondaga, David G. Montgomery, deceased} being duly sworn and Examined doth depose and Say, That he this deponent was well acquainted with David G. Montgomery late of the town of Salina in the County of Onondaga deceased. That this deponent was present as a Witness, and did see the said David G. Montgomery subscribe at the End thereof, the instrument now produced and shown to this deponent, purporting to be the last Will and Testament of the said deceased -- bearing date the ninth day of July in the year of our Lord one thousand Eight hundred and thirty Eight-- That the Said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament -- That Thereupon the deponent and William J. Dodge and Harvey Baldwin subscribed their names at the end thereof as Witnesses thereto at the request of the testator, and in his presence; And that the said testator at the time of Executing and publishing the said last Will and Testament was^of full age & [last four words interlined] of Sound Mind and Memory, not under any restraint, and was in all respects competent to make a last Will and Testament -- Sworn this 7th day of August ....................... George Montgomery 1838. before me. J. Fleming Junr., Surrogate. State of New York. } Onondaga Surrogate Court } In the matter of proving the } last Will and Testament of } Onondaga County. ss: William J. Dodge of the town of Salina in the county of Onondaga, David G. Montgomery, deceased} being duly sworn and Examined doth depose and Say, That he this deponent was well acquainted with David G. Montgomery, late of the town of Salina in the County of Onondaga deceased: That this deponent was present as a Witness, and did see the said David G. Montgomery Subscribe at the End thereof the instrument now produced & shown to this deponent, purporting to be the last Will and Testament of the Said deceased -- bearing date the ninth day of July in the Year of Our Lord one thousand Eight hundred and thirty Eight-- That the Said testator at the Same time declared the instrument so subscribed by him to be his last Will and Testament That thereupon the deponent and Harvey Baldwin and George . Montgomery subscribed their names at the End thereof as Witnesses thereto at the request of the testator, and in his presence; And that the said Testator at the time of Executing and publishing the Said last Will and Testament was of full age; and of Sound Mind and Memory, not under any restraint, and was in all respects competent to make a last Will and Testament Sworn this 7th day of August 1838........................... Wm J. Dodge -- before me -- J. Fleming Junr., Surrogate-- p. 423 Onondaga County, ss: The said William J. Dodge further deposeth that he drew said last Will and Testament for said deceased and as and for his last Will and Testament, that immediately after the Execution & attestation thereof as aforesaid deponent delivered it to Mrs. Montgomery for Safe Keeping; and that the said instrument, which is now produced by the Widow of deceased & Shown to this deponent, is the same last Will and Testament; it not having been altered in any respect whatever sworn August 7th 1838.......................... Wm J. Dodge .............. J. Fleming Junr, Surrogate-- In the name of God Amen --- I - David G. Montgomery of Syracuse in the county of Onondaga do hereby make this my last Will & Testament hereby revoking all former Wills &c. 1st I commit my Soul to the God who made it relying for Salvation on the merits & atonement of his beloved Son Jesus Christ. 2d I desire my Executors hereinafter named to collect & pay all my just debts. 3d I desire my Executors hereinafter named to Compensate my Brother Worthy W. Montgomery in a fair & liberal manner for his services to me. 4 ~ After the payment of my Just debts and the compensation to my Brother have been made, I do hereby further give devise & bequeath unto my beloved Wife Sarah E. and my infant son Henry O. -- all the rest & residue of my Estate both real & personal to them jointly & to their heirs & assigns for Ever -- 5. I hereby appoint my beloved Wife Sarah E. and my Brother Worthy W. Montgomery Executors of this my last Will & Testament -- In Witness whereof I have hereto set my hand & }........................ D. G. Montgomery SS. affixed my Seal declaring & publishing this as my } last Will & testament & request my Signature hereto to be witnessed by my friends the 9th day of July 1838. Wm J. Dodge of Syracuse Onondaga Cy. Harvey Baldwin of Syracuse Onondaga Cy George Montgomery of Onondaga Do. Onondaga County. } Surrogate's Office. ss } I do hereby Certify the preceding, to be a Record of the proceedings to prove, and a Record of the proof of the due Execution & validity of the last Will and Testament of David G. Montgomery deceased; and also a Record of Said last Will & Testament of Said deceased -- Recorded this 7th day of August A.D. 1838., as a Will of real & personal Estate -- [no signature]