WILL: Adelia Rudd; Boylston, Oswego co., NY surname: Rudd, Bulkley, Curtis, David, Barker, Newton, Curtiss submitted by VERA MAE RUDD-YOUNG (vruddyoung at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: April 12, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.9 Kb ************************************************ Source: sampubco.com Oswego County, NY Will Book Vol. S page 186 Written: November 21, 1891 Recorded: January 5, 1892 Transcribed from SAMPUBCO copy by Vera Mae Rudd-Young SURROGATE'S COURT-OSWEGO COUNTY. In the Matter of Proving the Last Will and Testament of Adelia Rudd, Deceased Oswego County, ss. Lyman Bulkley and Willis Curtis 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 Adelia Rudd 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 Adelia Rudd deceased, did in the presence of each of these deponents, subscribed there names 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 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 he 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 she 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 his name to said instrument in the presence of the said deceased. Lyman Bulkley Sandy Creek NY Willis Curtis Subscribed and sworn to before me ,this 5th day of January A.D. 1892 F. David Surrogate. OSWEGO COUNTY, ss It appearing upon the proofs taken in respect to the Last Will and Testament of Adelia Rudd 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 Adelia Rudd 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 proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provision of the Revised Statutes, this fifth day of Jan. A.D. 1892 F. David Surrogate In the Matter of Proving the Last Will and Testament of Adelia Rudd, Deceased Be it remembered, that heretofore, to-wit, on the 5th day of Jan in the year of our Lord, one thousand eight hundred and ninety two H. D. Rudd Executor named in the Last Will and Testament of Adelia Rudd 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 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 Surrogated did ascertain by satisfactory evidence who were the heirs at law, and next of kin of the said testator, and their respective residences & all interested herein being of full age have duly consented 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 in the of in the said County; on the day of A.D. 189_ to attend the Probate of said Will, And afterwards to-wit on the fifth day of Jan. A.D. 1893, was produced and presented to said Surrogate, of the waiver of due service and 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 fifth day of Jan A.D. 189 2 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: Last Will & Testament-- I Adelia Rudd of The town of Boylston Oswego County, NY do make ordain publish & declare this my last Will & Testament in manner & form following that is to say First- I direct the payment of my just debts, if any, and my funeral expenses. Second-I give & bequeath to my son Chester F. Rudd all the use issues & profit of all my personal & real estate of which I shall die seized after the payment of all just debts & my funeral expenses during the term of his natural life which said property shall at my decease pass over and into the hands of my daughter Ellen M. Barker to be by her kept & used for the support maintenance & comfort of my said son Chester F. Rudd and I hereby constitute & appoint the said Ellen M. Barker trustee & custodian of said bequest & my agent & attorney for the purposes herein named & mentioned.- And after the death of my said son Chester F. Rudd I now give & bequeath the principal of the said personal & real estate the rents issues & profits of which I have bequeathed to the said Chester F. Rudd for & during his life time & direct that it shall be divided among all of my children viz. Hiram D. Rudd, David Rudd, G.W. Rudd, W.H.H. Rudd, Ellen M. Barker equally share & share alike- And I hereby authorize my executor hereinafter named to sell any or all my real estate or any good thereof if deemed necessary & proper, but it must be by & with the consent of the said Ellen M. Barker of unswerving & of sound mind. Whom I have made custodian of said property & the avails therof to go into the hands of said Ellen M. Barker for the purposes named in Legacy "Second" & to pay a certain mortgage upon said real estate held by P.M. Newton of Sandy Creek, NY Likewise I make, constitute & appoint David Rudd & Hiram D. Rudd my sons to be executors of this my last will & testament, hereby revoking all former wills by me made. In witness whereof, I have hereunto subscribed my name & affixed my seal, the twenty first day of November in the year of our Lord one thousand eight hundred & ninety one. Adelia Rudd (LL) The above written instrument was subscribed by the said Adelia Rudd in our presence & acknowledged by her to each of us: & she at the same time declared the above instrument so subscribed to be her last will & testament & we, at her request & in her presence & in the presence of each other do here sign as witnesses to wit. Lyman Bulkley, Sandy Creek, NY Willis Curtiss, Mannsville, Jeff. Co., NY Additional Comments: Second Great Granddaughter of Adelia