WILL: John Fearn; Exeter, Otsego co., NY surname: Fearn, Beadle, Byard, Curry, Newkirk submitted by Charmaine Groettum (cgroettum at cox.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 16, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 16.6 Kb ************************************************ Source: Sampubco.com Otsego co NY Will Book Vol. 47 page 403 Written: October 6, 1894 Recorded: March 29, 1898 Last Will and Testament of John Fearn Deceased. Be it Remembered, That heretofore, to wit: on the 2nd day of March in the year of our Lord one thousand eight hundred and ninety eight, Joseph H. Fearn and Horace A. Beadle, the Executor named in the Last Will and Testament and Codicil of John Fearn late of the town of Exeter in the County of Otsego, deceased, appeared in open Court, before the Surrogate of the County of Otsego, and made application to have the said last Will and Testament and Codicil 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 Cooperstown in said County, on the 14th day of March A. D., 1898 to attend the probate of said Will. And afterwards, to wit: on the 14th day of March A.D., 1898 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 the proponents appeared by L. S. Henry, Esq., their Attorney and James J. Byard, Jr., appeared for the minors Lynn Byard, Carl Byard, Earl Byard, Rose Curry and Lillie Curry, after being appointed Special Guardian, and the matter was adjourned to March 29th and such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will and Codicil hereinafter set forth, upon this 29th day of March A.D., 1898 and he thereupon adjudged the said Will and Codicil to be a valid Will and Codicil of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and Codicil and proofs, are as follows, that is to say: Last Will and Testament of John Fearn of the town of Exeter, Otsego County, New York. I John Fearn of the town, county and state aforesaid being of sound mind and memory do hereby make, publish and declare this my last will and testament, in manner following, that is to say: First, I direct that all my just debts, funeral expenses and the reasonable expenses of administering my estate shall be first paid. Second, I hereby give, devise and bequeath all my property real and personal unto my children now living, and the children or descendants of such as shall be dead at my decease to be divided as follows; One sixth part thereof to my son Joseph H. Fearn, one sixth part thereof to my daughter, Julia A. Newkirk, one sixth part thereof to my daughter Catharine C. Newkirk, one sixth part thereof to my daughter, Jennie M. Beadle, one sixth part thereof to the two children of my deceased daughter Lina I. Curry, and one sixth part thereof to the children of my deceased daughter Elizabeth H. Byard. The share or property given to the children of my daughter Lina shall be divided equally between them and the share or property given to the children of my daughter Elizabeth shall be divided equally between them. I also wish my daughter Julia to have the first privilege of buying my house & lot where I now reside. Third, I hereby appoint William D. Clark of Schuylers Lake N.Y. to be a testamentary guardian of the minor child or children of my deceased daughter Lina I. Curry, and he shall receive the property so bequeathed to said children; and take care of the same, and apply such part thereof, either principal or income or both to the care and support and maintainance of such children, as shall be necessary for such maintenance and support. Fourth I hereby nominate and appoint my son Joseph H. Fearn and my son-in-law Horace A. Beadle to be executors of this my last Will and Testament, hereby revoking any and all former wills by me made, and I also give such Executors or the survivor of them full power and authority to sell and convey any and all real estate I may own at my decease, and divide the proceeds of the same among my children and the legatees herein named according to the provisions of this Will. In Witness Whereof, I have set my hand this 6th day of October 1894. (Signed) John Fearn L.S. The above instrument was signed, published and declared by John Fearn the testator therein named at the date thereof to be his last Will and Testament in our presence and in presence of each other, and we have signed our names as attesting witnesses thereto, at his request and in his presence and in presence of each other this 6th day of October 1894. (Signed) Rosell Armstrong (Signed L. S. Henry residing at Richfield Springs, New York Codicil to the Last Will and Testament of John Fearn of the town of Exeter, Otsego County, N.Y. I John Fearn, above named do make this codicil to my last Will and Testament dated Oct. 6, 1894 and make the same an addition to and to be taken as a part thereof. Whereas my daughter Julia A. Byard formerly Julia A. Newkirk has paid the sum of Two Hundred and Eighty Dollars in the purchase of monument set up on the family lot of Joshua Byard and his family in the Schuylers Lake Cemetery and the said sum of Two Hundred and Eighty dollars should have been paid for by the children of Elizabeth Byard my deceased daughter. Now I direct that the one sixth part of my estate devised and bequeathed to the children of Elizabeth Byard shall be subject to the payment by said children to my daughter Julia A. Byard of the said sum of Two Hundred and Eighty Dollars and with interest thereon at the legal rate since May 1st, 1897. And I direct that my said executors deduct the same from the share or property so given to the said children of Elizabeth Byard, and pay it to said Julia A. Byard unless the said sum of $280 and accrued interest from May 1, 1897 shall be paid to said Julia A. Byard by said children before my decease in which event this provision of this codicil shall be satisfied. I further direct that in case I shall pay and expend the sum of Fifty Dollars for a monument or headstone for my daughter Lina Curry now deceased, then that there shall be deducted from the share of my estate bequeathed and devised to the children of said Lina Curry the said sum of fifty dollars and interest thereon from the time I shall so expend and pay the same a memorandum of which payment will be left with my executors named in said will. In case said children of said Lina Curry shall pay to my estate the said sum of $50 then this provision of this codicil shall be satisfied. Such payments to be made within one year after my decease the said sum of $50 so deducted from said Lina Currys Children's share of my estate shall be divided among the legatees and devises named in my will in the same manner as I have divided my estate in my said will dated October 6, 1894. I further direct that my said Executors deduct from the share or property I have devised and given to the children of Elizabeth Byard any sum of money that may be owing to me at my death by Squire Byard and Jessie Byard or either of them, and I give and devise said money so deducted and taken from said childrens share to the legatees and devisees named in my last will aforesaid to be divided among them in the manner provided in said will. In Witness Whereof, I have set my hand the 20th day of May 1897. (Signed) John Fearn The above instrument was signed, published and declared by John Fearn to be a codicil to his last will and testament in our presence and in presence of each other at the date thereof and we have signed our names thereto at his request as attesting witnesses in his presence and in presence of each other the 20 day of May, 1897. (Signed) L. S. Henry, Richfield Spa. New York (Signed) Samuel J. Downs, Richfield Spa. N. Y. Surrogate's Court = Otsego County In the Matter of Proving the Codicil to the Last Will and Testament of John Fearns, Deceased. Otsego County, ss: Samuel J. Downs, of the town of Richfield, in the County of Otsego State of New York, after being duly sworn as a witness in the above entitled matters on behalf of the proponent to prove said Codicil, says: I was well acquainted with John Fearns, the said testator, late of the town of Richfield, County of Otsego, deceased, and had known him for more than 25 years before his death. The subscription of the decedent's name at the end of the instrument now shown to me and offered for probate as his last Will and Testament and Codicil bearing date the 20th day of May 1897, was made by the decedent at the town of Richfield, in the County of Otsego, in the presence of myself and L. S. Henry, the other attesting witness. At the time of making such subscription the said decedent declared the said instrument so subscribed by him to be his last will and testament and codicil and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent and in his presence, and of said other attesting witness I also saw the other attesting witness sign his name as a witness at the end of said instrument, and know that he did so at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a citizen of the United States, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. Taken, subscribed and sworn before me this 14th day of March, 1898 (Signed) Samuel J. Downs (Signed) B. G. Johnson, Clerk of the Surrogate's Court Surrogate's Court==County of Otsego. In the Matter of Proving the Last Will and Testament of John Ferns Deceased. Otsego County, SS: Rosell Armstrong, of the town of Richfield in the County of Otsego, State of New York, after being duly sworn as a witness in the above entitled matter on behalf of the proponent to prove said Will, says: I was well acquainted with John Ferns, the said testator, late of the town of Richfield County of Otsego, deceased, and had known him for more than three years before his death. The subscription of the decedent's name at the end of the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 6th day of October 1894, was made by the decedent at the town of Richfield, in the County of Otsego in the presence of myself and L. S. Henry, the other attesting witness. At the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent, and in his presence, and of said other attesting witness. I also saw the said other attesting witness sign his name as a witness at the end of said instrument, and know that he did so at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a Citizen of the United States, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. (Signed) Rosell Armstrong Taken, subscribed and sworn to before me, this 14th day of March A. D., 1898 (Signed) B. G. Johnson, Clerk of the Surrogate's Court Surrogate's Court = Otsego County In the Matter of Proving the Codicil to the Last Will and Testament of John Fearns, Deceased. Otsego County, ss: Samuel J. Downs, of the town of Richfield, in the County of Otsego State of New York, after being duly sworn as a witness in the above entitled matters on behalf of the proponent to prove said Codicil, says: I was well acquainted with John Fearns, the said testator, late of the town of Richfield, County of Otsego, deceased, and had known him for more than 25 years before his death. The subscription of the decedent's name at the end of the instrument now shown to me and offered for probate as his last Will and Testament and Codicil bearing date the 20th day of May 1897, was made by the decedent at the town of Richfield, in the County of Otsego, in the presence of myself and L. S. Henry, the other attesting witness. At the time of making such subscription the said decedent declared the said instrument so subscribed by him to be his last will and testament and codicil and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent and in his presence, and of said other attesting witness I also saw the other attesting witness sign his name as a witness at the end of said instrument, and know that he did so at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a citizen of the United States, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. Taken, subscribed and sworn before me this 14th day of March, 1898 (Signed) Samuel J. Downs (Signed) B. G. Johnson, Clerk of the Surrogate's Court Surrogate's Court==County of Otsego. In the Matter of Proving the Last Will and Testament of John Ferns Deceased. Otsego County, SS: I Lowell S. Henry, of the town of Richfield in the County of Otsego, State of New York, after being duly sworn as a witness in the above entitled matter on behalf of the proponent to prove said Will, says: I was well acquainted with John Ferns, the said testator, late of the town of Exeter County of Otsego, deceased, and had known him for more than twenty-five years before his death. The subscription of the decedent's name at the end of the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 6th day of October 1894, & codicil bearing date the 20 day of May 1897 were made by the decedent at the town of Richfield, in the County of Otsego in the presence of myself and Rosell Armstrong & the codicil in presence of Sam J. Downs, the other attesting witness. At the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent, and in his presence, and of said other attesting witness. I also saw the said other attesting witness sign his name as a witness at the end of said instrument, and know that he did so at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a Citizen of the United States, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. (Signed) Lowell S. Henry Taken, subscribed and sworn to before me, this 14th day of March A. D., 1898 (Signed) B. G. Johnson, Clerk of the Surrogate's Court Otsego County, SS: It appearing upon the proofs duly taken in respect to the Last Will and Testament and Codicil of John Fearn late of the town of Richfield in the County of Otsego, and State of New York, deceased, that the said Will was duly executed and that the said John Fearn 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 Codicil and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the Law, made and provided, this 29th day of March A. D., 1898 (Signed) Lynn J. Arnold Surrogate Additional Comments: Transcribed from SAMPUBCO copy by Charmaine Groettum Otsego County New York Book Vol. 47, page 403 Documents consists of 6 sheets; transcribed as written from photocopy of the original document. Where the name Fearns and or Ferns is shown, this was how it appeared on the original.