WILL: William Winne; Cherry Valley, Otsego co., NY surname: Winne, Flansberg submitted by Michael Winney (mgb at cableone.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: August 21, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.1 Kb ************************************************ Source: Sampubco.com Otsego co NY Will Book Vol. 10 page 32 Written: 10 Dec 1847 Recorded: 26 Apr 1854 William Winne--Last Will & Testament Be it remembered that heretofore, to wit: on the twenty sixth day of April in the year one thousand eight hundred and fifty-four, Francis Winne a legatee named in the last will and testament of William Winne, late of the town of Cherry Valley in the County of Otsego deceased, appeared in open court before Hiraim Kinne, Surrogate of the County of Otsego 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 surrogate did ascertain by satisfactory evidence who were the widow, heirs and next of kin of the said testator and their respective residences and some of them appearing and they all being of full age, the Surrogate therefore issued a citation directed to the said widow, heirs and next of kin, requiring them to appear before the Surrogate of the County of Otsego at his office in said county on the twelfth day of June to attend the probate of the said will and testament, to wit: on the said twelfth day of June, satisfactory evidence by affidavit was produced and presented to the Surrogate of the service of the said citation in the manner prescribed by law and on that day no one appearing to oppose the probate of such will, such proceedings were therefrom had that the Surrogate took the proof of said last will and testament on the day last aforesaid and here adjudged the said will to be a valid will of the 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 Winne of the town of Cherry Valley, County of Otsego and State of New York being of sound and disposing mind, memory and understanding do hereby make, publish and declare my last will and testament in manner and form following: First, I order and direct that my executor hereinafter named pay all my just debts and funeral charges as soon after my decease as conveniently may be. 2d, I give and bequeath unto my beloved wife Mary Winne her support off of the farm I now own and possess in said town and county aforesaid which is to consist of clothing, victualling, lodging, washing and mending, all which is to be good and comfortable. Also, to have all Doctor's bills paid which is necessary in her sickness. Also, to have all other necessities furnished her that she may want or be in need of. All the above demands is to be furnished her by my son Francis W. Winne, to whom I give and bequeath my farm above mentioned. I give and bequeath unto my son Daniel W. Winne fifty-dollars to be paid to him in two years after my decease and the decease of my wife. I give and bequeath unto my three daughters Cornelia Flansburg, Catharine Hartorn and Lany Foland, fifty dollars each. One-half to be paid in one year after my decease and the decease of my wife, the other one-half to be paid in three years after the decease of my self and wife. I also give and bequeath unto my three daughters aforesaid my bed and bedding, chests and clothing to be equally divided between them after the decease of myself and wife. I give and bequeath unto my son Coonrod W. Winne, twenty-five dollars. I further give, bequeath and devise to my said son Francis W. Winne all and ever-my messuage, lands, tenements and hereditaments, with the appurtenances whereof I am seized in fee situate, lying and being in the town of Cherry Valley, County of Otsego & State aforesaid now occupied by me and my son Francis W. Winne, to have and to hold all and every the said messuage, lands, tenements and hereditaments, with the appurtenances to him, the said Francis W. Winne, his heirs and assigns forever. And the said Francis W. Winne is to keep and support my wife Mary (his mother) during her natural life in a good and decent manner in victualling, clothing, washing, lodging and mending and provide for her in sickness and in health with all the necessities she may require. And if the said Francis does not provide for her, the said Mary Winne as above stated after my decease, then the said Mary may go to either of my aforesaid children and get her support as above mentioned and my son Francis shall pay for the same. All the rest and residue of my personal estate whatsover and wheresoever of what nature, kind and quality soever. The same may be and not herein before disposed of (after payment of my debts legacies and funeral expenses), I so give and bequeath unto my son Frances W. Winne, his heirs and assigns to his and their own use and benefit absolutely. I do hereby nominate and appoint James Cross of the town and county aforesaid executor of this my last will and testament and hereby expressly revoke all and every former will by me made. In witness whereof I have hereunto set my hand and seal the tenth day of December in the year of our Lord 1847. William Winne S.S. Signed sealed/established and declared by the testator to be his last will and testament in the presence of us who at his request and in his presense and in the presence of each other executed our names as witnesses. William T. Thompson of the town of Cherry Valley in the County of Otsego & State of New York John Nieting of the town of Cherry Valley in the County of Otsego & State of New York In the matter of proving the last will and testament of William Winne deceased William T. Thompson of the town of Cherry Valley in the County of Otsego being duly sworn and examined before Hiraim Kinne, Surrogate for the County of Otsego, did depose and say that he was well acquainted with William Winne now deceased that he and John Nieting were present as witnesses for the said William Winne and did subscribe his name to this instrument in writing now produced and sworn to this deponent bearing the date the tenth day of December in the year one thousand eight hundred and forty-seven, purporting to be the last will and testament of the said William Winne deceased. That the said William Winne at the time of making the said subscription declared the said instrument to be his last will and testament and requested this deponent and John Nieting to sign their names as witnesses thereto. Therefore this deponent and the said John Nieting signed their names as witnesses at the end of the said instrument. This deponent further says that he is of full age and sound of mind and memory in all respects competent to devise said estate and not under restraint. This deponent further says that the said John Nieting is now deceased as he has been informed and believed and that if he be not deceased, he is a non-resident of the state of New York, that the deponent saw the said Nieting make his signature which appears at the end of said will as witness. Sworn before me this 12th day of June, 1834 Hiraim Kinne, Surrogate Wm. J. Thompson Otsego County SS It appearing upon the proofs duly taken in respect to the last will and testament of William Winne, late of the town of Cherry Valley in the County of Otsego deceased, that the said will was duly executed according to law and that the said testator 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 said proofs are hereby recorded, signed and certified by me pursuant to the provisions of the Revised Statutes this twelfth day of June in the year one thousand eight hundred and fifty four. Hiriam Kinne, Surrogate Additional Comments: Some punctuation added