WILL: William Barker; Boylston, Oswego co., NY 
surname: Barker, Wart, Skinner, Johnson, Wright, Thomas

submitted by VERA MAE RUDD-YOUNG (vruddyoung at aol.com) 
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Submitted Date: April 12, 2006
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Source: sampubco.com
Oswego co NY Will Book Vol O page 63
Written: March 9, 1880
Recorded: November 15, 1880

SURROGATE'S COURT

In the Matter of Proving the Last Will and Testament of William Barker,
Deceased
Oswego County, ss.
Azariah Wart and C. E. Thomas being first duly sworn, in open court, upon 
their several corporeal oaths, each for himself, doth depose and say, that
they are subscribing witnesses to the last Will and Testament of Wm Barker
late of the Town of Boylston in the county of Oswego, and State of New York,
deceased.

And these deponents do further say, that the said William Barker deceased, did
in the presence of each of these deponents, subscribe h is  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 29th day of March one thousand right hundred and
eighty That the said deceased did at the time of subscribing his name to the
said instrument as aforesaid, declare the same to be his 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 his presence and in the
presence of each other; that the said deceased, at the time of so subscribing
his 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 deponents believe he 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 his name to said instrument in the presence of
the said deceased 
A. Wart
C.E. Thomas            
Subscribed and sworn to before me, this 15th day of November A.D. 1880
T. W. Skinner     Surrogate.
Oswego County, ss.

It appearing upon the proofs taken in respect to the Last Will and Testament
of William Barker late of the Town of Boylston in the County of Oswego, and
the State of New York, deceased, that the said Will was duly executed, and 
that the said William Barker at the time he executed the same, was in all
respects competent to devise real estate, and not under restraint, the said
last Will and Testament and the proofs and examinations are hereby recorded,
signed and certified by me, pursuant to the provision of the Revised Statutes,
this 15th day of November 1880.
                         
Surrogate

LAST WILL AND TESTAMENT OF

William Barker, Deceased
Be it remembered, that heretofore, to-wit, on the 18th day of Sept in the year
of our Lord, one thousand eight hundred and eighty James Barker, one of the
named heirs of William Barker late of the Town of Boylston in the County of
Oswego, deceased, appeared in open Court, before the Surrogate of the County
of Oswego and make 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 said County; on the 27th day of 
Oct. A.D. 1880 to attend the Probate of said Will, And the probate having been 
adjourned from time to time and afterwards to-wit: on the 15th day of November
A.D. 1880 satisfactory evidence by affidavit admission of 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 15th day of November A.D. 1880 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:     

In the name of God, Amen.
I, William A. Barker of the Town of Boylston in the County of Oswego and state
of New York of the age of sixty years and 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, I give and bequeath to my oldest son Thomas Barker the sum of three
hundred and fifty dollars in addition to the amount of six hundred and fifty
dollars which he has already received from me before the date of this
instrument. 

Second, I give and bequeath to my third son William Barker the sum of one
thousand dollars.

Third, I give and bequeath to my third son Philo Barker the sum of nine
hundred and fifty dollars in addition to fifty dollars which he has already
received.  

Fourth, I give and bequeath to my oldest daughter, Elizabeth Johnson, wife of
Henry Johnson, the sum of four hundred dollars in addition to one
hundred dollars which she has already received from me.

Fifth, I give and bequeath to my second daughter Frances Wright, wife of
William Wright the sum of five hundred dollars.

Sixth, I give and bequeath to my third daughter Anna Barker, now of the age of
five years the sum of five hundred dollars to become due and payable to her by
my said Executor when she arrives at the age of twenty one years and not until
then.

Seventh, I give and bequeath to my youngest son Pitman Barker now three years
of age six hundred dollars to become due and payable to him, and to be paid by
my said Executor when he arrives at the age of twenty one years and not until
then.

Eight, I give and bequeath to my son, James Barker who is my second son all
the rest residue and remainder of all my real estate and personal property
goods and chattels of what nature or kind soever upon the following
restrictions, conditions and other obligations and none other or different
that is to say the said James Barker is hereby required and enjoined that if
he accepts of the above named legacy he shall maintain support and provide for
my now present wife Ellen Barker in sickness and in health during her natural
life provided and thus made shall and does accept the provision be  made for
her in lieu of dower and also the said James shall keep maintain and support
and educate in common district school the two small children to wit Anna and
Pittman Barker until they each and respectively arrive at the age of twenty
one years and I hereby nominate and appoint my said son James Barker sole
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 9th
day of March in the year of our Lord one thousand eight hundred and eighty
(1880)              William     X   Barker     (L.T.)
                              his mark

The above instrument consisting of three pages was at the date thereof signed,
sealed published and declared by the said William Barker as and for his Last
Will and Testament in presence of us who at his request and in his presence
and in the presence of each other have subscribed our names in witness
thereby.
Azariah Wart, Sandy Creek, Oswego Co, NY
C. E. Thomas Sandy Creek, Oswego County, NY

And we each for ourselves certify that the erasures made and interlined being
the words in the first legacy (and fifty) and also in the second legacy the
word (third) in place of the word(second) were made before the will was signed
by William Barker or Witnessed by us as Witnesses therein--.

Dated March 29, 1880 or 1884
A. Wart 
B. E. Thomas


Additional Comments:
Transcribed from SAMPUBCO copy by 
V. Rudd-Young

draft transcribed from probated will February 11, 2006,
Great Grand niece of Ellen Rudd Barker