WILL: John Howe; Ridgway, Orleans co., New York
surname: Howe, Hoyt, Miller, Scott, Hull, Beecher

submitted by: Kay Ogden (kayogden at jcom.home.ne.jp)
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Source: sampubco.com
Orleans County, New York, Will Book Vol. 3, page 248
Written: 13 Mar 1852
Probated: 25 May 1852

Transcribed from SAMPUBCO photocopy by Kathleen W. Ogden.

In the name of God amen.
I John Howe of the Town of Ridgway County of Orleans and State of New York of
the age of fifty four years & 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. It is my desire to have my debts paid out of my personal property if
their[sic] is sufficient if not the balance from the real estate.

Secondly.  I give and bequeath to my wife Cornelia the use of one third of my
estate both real and personal during her natural life.

Thirdly. I give and bequeath to my sons, Charles W. Howe & Denison three
hundred dollars each together with what I have already given them making five
hundred dollars.

Fourthly. I give and bequeath to my sons John Howe Jr. and Jonah Howe five
hundred dollars each. And to my daughters Fanny Hoyt and Sally Miller fifty
dollars each. And to my daughter Helen Mariah Howe two hundred dollars.

Fifthly. In case my wife Cornilia should die before my infant son Jonah
becomes twenty one years of age I give and bequeath the said Jonah seventy
five dollars a year from the death of his mother until he is twenty one years
of age.

Sixthly. The one equal half of the balance of my estate real & personal I give
and bequeath to my sons Charles W. Howe Dennison Howe John Howe Jr. and Jonah
How to be equally divided between them. And the other half of my estate real
and personal, I give and bequeath to my daughters Fanny Hoyt Sally Miller
Camelia [Cornelia?] Scott and Helen Mariah Howe to be equally divided between
them during their natural lives and after their death, to the children if they
have any. If not it is to go to their brothers & sisters. And I do hereby
nominate and appoint my wife Cornelia Howe executrix and my son [--?--]Denison
Howe executor of this my last will and testament hereby revoking all former
wills by me made.

In witness whereof I have hereunto set my hand and seal this thirteenth day of
March in the year of our Lord one thousand eight hundred and fifty two.
                                   John Howe

This instrument consisting of one sheet was at the date thereof signed sealed
published and declared by the said John Howe as and for his last will and
testament in the presence of us who at his request and in his presence and in
the presence of each other have subscribed our names thereto as witnesses.

H. Beecher of the town of Ridgway County of Orleans & State of New York
Seth Hull of the town of Ridgway County of Orleans & State of New York

County of Orleans
Surrogate Court
In the matter of proving the will of John Howe, deceased.
Seth Hull of the town of Ridgway in the County of Orleans aforesaid being duly
sworn doth depose and say that he is a subscribing witness to the last will &
testament of John How late of the town of Ridgway in the County of Orleans
aforesaid deceased. And this deponent further saith that the said John Howe
the said testator did in the presence of this deponent & Hezekiah Beecher
subscribe his name at the end of the instrument which is now shown and
exhibited to this deponent and which purports to be the last will and
testament of the said John Howe and which bears date of the 13th day of March
in the Year of our Lord one thousand eight hundred and fifty two. And this
deponent further says that the said testator did, at the time of subscribing
his name as aforesaid at the end of the said will, declare the said instrument
so subscribed & now exhibited to be his last will and testament; and this
deponent and Hezekiah Beecher did thereupon subscribe their names at the end
of the said will as attesting witnesses thereto in the presence and at the
request of the said testator. And this deponent further saith that at the time
when the said testator subscribed his name to the said last will as aforesaid,
that the said testator was of sound mind & memory, of full age to execute a
will, and was not under any restraint, and that the said will now appears in
all respects as when so executed without any alternation whatsoever.
                                   Seth Hull
Subscribed and sworn this 8th day of June 1852, before me.
H. R. Curtis, County Judge.

Surrogate Court
In the matter of proving the will of John Howe, deceased.

Hezekiah Beecher of the town of Ridgway in the County of Orleans aforesaid
being duly sworn doth depose and say that he is a subscribing witness to the
last will & testament of John How late of the town of Ridgway in the County of
Orleans aforesaid deceased. And this deponent further saith that the said John
Howe the said testator did in the presence of this deponent & Seth Hull
subscribe his name at the end of the instrument which is now shown and
exhibited to this deponent and which purports to be the last will and
testament of the said John Howe, and which bears date of the 13th day of March
in the Year of our Lord one thousand eight hundred and fifty two. And this
deponent further saith, that the said testator did at the time of subscribing
his name as aforesaid, at the end of the said will, declare the said
instrument so subscribed & now exhibited, to be his last will and testament;
and this deponent and Seth Hull did thereupon subscribe their names at the end
of the said will as attesting witnesses thereto in the presence and at the
request of the said testator. And this deponent further saith that at the time
when the said testator subscribed his name to the said last will as aforesaid
that the said testator was of sound mind & memory, of full age to execute a
will, and was not under any restraint as deponent verily believed, and that
the said will now appears in all respects as when so executed without any
alternation whatsoever. Except that the name Chares W. Howe at the bottom of
the first page was erased by deponent by direction of the testator and after
such erasure said testator again declared the instrument his last will &
testament as aforesaid and except that at the time of said erasure deponent by
mistake erased the same name in the middle of the said page and reinserted the
same by direction of the testator.
                                   H. Beecher
Subscribed and sworn this 25th day of May 1852, before me. 
H. R. Curtis, County Judge.

I hereby certify that the foregoing is a true copy & record of the last will &
testament of John How late of the town of Ridgway Orleans County deceased. And
of the proofs & examinations of the subscribing witnesses thereto, taken
before me in the matter of proving said will and admitting the same to probate
record as a will of personal and real estate which record is hereby signed &
certified this 10th day of June A. D. 1852
                                   H. R. Curtis, County Judge