WILL: Emmarilla S Wright; Albion, Orleans co., NY surname: Wright, McGaffick, Hale, Ross submitted by S Smith (73545.666 @ compuserve.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 6, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 7.7 Kb ************************************************ Source: Orleans County Will Book Vol 26 Page 596 (SAMPUBCO photocopy) Written: September 3 1889 Recorded: September 28 1894 Transcribed from SAMPUBCO copy by S S Smith, Albion, Orleans County, New York. Will book Vol 26 page 596. At a Surrogate's Court, held at the Surrogate's Office, in Albion, in and for the County of Orelans, on the First day of July, 1898. Present, Hon. W. Crawford Ramsdale, Surrogate. In the Matter of Proving the Will of Emmarilla S. Wright Deceased. Satisfactory proof by affidavit having been made and filed of the due service of the citation heretofore issued in this matter, requiring the proper persons to appear in this Court of the 7th day of June A.D. 1898 at ten o'clock in the forenoon, and attend the Probate of the last will and testament and Codicil of Emmarilla S. Wright, late of the Town of Albion in the County of Orleans and state of New York, deceased, and Signor and Wayr as Attorneys for Mary J. McGaffick the executrix named in said will having appeared in support of the proof of the said last Will and testament and Thompson, Thompson and Thompson as attorneys for John Hale having appeared and filed objections to the Probate of said will and Cluetta McGaffick Nellie McGaffick and Thompson Ross having appeared in person and Herbert T. Reid having been duly appointed Special Guardian for Lizzie J. McGaffick and appearing for her and a supplemental citation having been issued returnable June 25 1898 and inr proof of service thereof having been duly filed and the matter having been duly adjourned from time to time to this day and after hearing the proofs and allegation of the said parties so appearing and duly deliberating thereon: It is ORDERED, ADJUDGED AND DECREED that the said last Will and Testament and Codicial was duly executed; that the same is genuine and valid and that the said deceased, at the time of executing the same, was in all respects competent to make a last Will and testament and codicil and to devise real estate, and was not under any restraint, and that the said last Will and testament and codicil be admitted to Probate, and that the same be and hereby is established as a Will and codicil of real and personal estate. And this Court doth further Order and decree that the said last Will and testament and codicil be recorded on the pages of this book immediately following. And the Probate of the same being contested, it is further Ordered and decreed that the proofs and examinations taken in respect to the same be not recorded. And on reading and filing the oath of Mary J. McGaffick the executrix name in said Will, it is Ordered that Letters Testamentary issue to her persuant to the Statute. W. Crawford Ramsdale, Surrogate. The last Will and Testament of Emmarilla S. Wright of the Town of Albion County of Orleans and State of New York. I Emmarilla S. Wright being of sound mind and memory are of the uncertainty of life and the certainty of death, and desirous of making an equitable and proper disposition of my property at my decease. I do make ordain publish and declare this to be my last Will and Testament is manner and form following That is to say: First: I give and bequeath to my son Thompson T. Ross the sum of five hundred dollars out of my personal estate. Second: I give and bequeath to my grand-daughter my sewing machine, my parlor bed, bedstate and bedding and my upholstered furniture consisting of our rocker, six chairs and a sofa, Clurtta McGaffick is the person intended to receive this bequest. Third: I give and devise to my husband Solomon G. Wright a life estate in the half of the house and lot owned by us on East State in the village of Albion N.Y. and was occupied by us, to have and to hold the same for and during the full end and term of his natural life and Lastly: I give devise and bequeath to my daughter Mary Jane McGaffick all the rest residue and remainder of my estate both real and personal to her and to be hold the source for and during the full end and term of her natural life, subject however to the right of said Solomon G. Wright to occupy said house and lot during his natural life and at his death. The same to descend to each of his three daughters as may be lving at my death or their heirs. It being my intention that such of her daughters and may be living at my death shall take said personal estate at the death of said Mary Jane and the real estate at the death of both said Solomon G. Wright and Mary Jane McGaffick. Said clothing and wearing apparel is to belong to the said Mary Jane McGaffick absolutely. Likewise. I make constitute and appoint Edward C. Cole executor and said Mary Jane McGaffick to be execurix of this my last Will and testament hereby revoking all former wills by me made. In Witness whereof. I have herunto subscribed my name and affixed my seal the third day of September in theyear of Our Lord one Thousand eight hundred and eighty nine. Emmarilla S. Wright (LS) The foregoing instrument was at the date thereof subscribed by Emmarilla S. Wright the Testator therein named in the presence of us and each us, she at the time of making such subscription acknowledged that she executed the same and declared. The said instrument so subscribed by her to be her last will and Testament. Whereupon we at her request and in her presence, and in the presence of each other do here subcribe our names at witnesses thereto. Jno H. White residing at Albion NY Mary A. White residing at Albion N.Y. Whereas, I Emmarilla S. Wright of Albion, Orleans County New York have made my last Will and testament in writing dated the third day of September 1883 is and by which among other things I nominated and appointed Edward C. Cole one of the Executors of said will. Now Therefore I do by this my writing which I hereby declare to be a codicil to my said last will and Testament and to be taken as a part thereof, Order and declare that I hereby revoke so much of said will as appoints said Edward C. Cole as one of the Executors of said Will and I hereby appoint my daughter Mary Jane McGaffick sole executrix of said last will and testament and this codicil. And lastly it is my desire that this codicil be annexed to and made a part of my last Will and testament as aforesaid to all intents and pruposes. In witness, whereof I have hereunto set my hand and seal this 28 day of September 1894. Emmarilla S. Wright (L.S.) The above instrument consisting of one sheet was at the date thereof, signed, sealed published and declared by the said Emmarilla S. Wright as and for a codicil to 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 at witnesses thereto. S. S. Spencer residing at Albion NY Fredine M. Thompson residing at Albion Orleans Co, N.Y. Additional Comments: Emmarilla was Solomon's second wife, and Solomon was Emmarilla's third husband. Emmarilla Susanne (Dillman) married (1) ____ Ross; (2) Joe Shostall; (3) Solomon Wright. Mary Jane MacGaffick (McGaffick) was the daughter of Emmarilla and ____ Ross. Mary married Ed MacGaffick.