WILL: Miriam Pettis; Palermo, Oswego co., NY surname: Pettis, Smith submitted by Fred Rose (f_rose at bellsouth.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: December 21, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.3 Kb ************************************************ Source: Sampubco.com Oswego co NY Will Book vol. N page 167 Written: May 13 1874 Probated: October 14 1878 SURROGATE'S COURT In the matter of Proving the Last Will and Testament of Miriam Pettis deceased Oswego County, ss Samuel R. Smith and Julia A. Smith being first duly sworn, in open Court, upon their several and corporeal oaths, each for himself, doth depose and say, that they are subscribing witnesses to the last Will and Testament of Miriam Pettis late of the Town of Palermo in the County of Oswego and State of New York, deceased. And these deponents do further say, that the said Miriam Pettis deceased, did in the presence of each of these deponents, subscribe his name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the 13th day of May one thousand eight hundred and Seventy four. That the said deceased did at the time of subscribing her name to the said instrument as aforesaid, declare the same to be her last Will and Testament; and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of said deceased, and in her presence and in the presence of each other; That the said deceased, at the time of so subscribing her name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and deponent believe she was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign her name to said instrument in the presence of the said deceased, S. R. Smith Julia A Smith Subscribed and sworn to before me, this 14th day of Oct A.D. 1878 J. W. Skinner Surrogate, Oswego County, ss Ye appearing upon the proofs duly taken in respect to the Last Will and Testament of Miriam Pettis late of the Town of Palermo in the County of Oswego and the State of New York, deceased, that the said Will was duly executed, and that the said Miriam Pettis at the time She executed the same, was in all respects competent to devise real estate, and not under restraint, the last Will and Testament and the proof and examinations are hereby recorded, signed and certified by me pursuant to the provision of the Revised Statutes this 14th day of Oct A.D. 1878. J W Skinner Surrogate. LAST WILL AND TESTAMENT OF Miriam Pettis deceased, Be it Remembered, That heretofore, to wit, on the 1st day of July in the year of our Lord, one thousand eight hundred and 78 Samuel R Smith Execut named in the Last will and Testament of Miriam Pettis late of the Town of Palermo in the County of Oswego deceased, appeared in open Court, before the Surrogate of the County of Oswego and made application to have the said Last Will and Testament which relates to both Real and Personal Estate proved; and on such application, the said Surrogate did ascertain by satisfactory evidence who were the heirs at law, and next of kin of the said testator, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law, and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the Village of Mexico in the said County, on the 14th day of October A.D. 1878 to attend the Probate of said Will. And afterwards to wit: on the 14th day of Oct. A.D. 1878 satisfactory evidence by affidavit, was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law; and on that day no one appearing to oppose the Probate of such Will such proceedings was thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 14th day of October A.D. 1878 and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs are as follows, that is to say: WILL ____________________ I Miriam Pettis of the town of Palermo in the County of Oswego and State of New York Mindful of the uncertainty of human life do make this my last Will and Testament in Manner following first after payment of my just debts and funeral expenses I give and bequeath to my husband John Pettis all my Estate real and personal during his natural life after his decease I do give and bequeath all there may be left of my Estate both real and personal to Samuel R. Smith. I hereby Nominate and appoint Samuel R. Smith the Executor of this my last Will and Testament and hereby authorize and Empower him the said Samuel R Smith to Compound Compromise and Settle any claim or demand which may be against or in favor of my Said Estate. In witness whereof I have hereunto set my hand and seal this 13th day of May, 1874 Miriam Pettis {LS} Signed Published and declared by the said Testatrix to be her last Will and Testament in the presence of us who have signed our names at her request as witnesses in her presence and in the presence of each other. Samuel R. Smith of the town of Palermo Julia Ann Smith of the town of Palermo