WILL: Francis Winne; Cherry Valley, Otsego co., NY surname: Winne, Fries submitted by Michael Winney (mgb @ cableone.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm ************************************************ Source: SAMPUBCO photocopy Otsego co NY Will Book Vol. 5 page 226 Written: June 18 1829 Recorded: December 30 1841 At a Surrogates Court held at the Surrogates office in the village of Cherry Valley in and for the County of Otsego, on the fourth day of November, 1841, present James Brackett, and Surrogate. William F. Winne devisee named in the last will and Testament of Francis Winne, Deceased, late of the County aforesaid, appeared and presented said will for probate and made proof that said Deceased, died at said Town of Cherry Valley, on the 9th day of March 1831 leaving Real and Personal Estate in the said County, and that the said Deceased left the following heirs at law, to-wit: the said William F. Winne, Daniel F. Winne and Peter Winne all of the said Town of Cherry Valley: Matthew Winne of Middlefield in said County of Otsego, John F. Winne of Castile in the County of Wyoming, Conrad F. Winne supposed of Fayette in the County of Seneca, and Corenelia Fries, widow of Jacob Fries of Utica, Oneida County. Whereupon, it was ordered by said Surrogate, that a citation issue to the heirs at law, Devisees and next of kin of said Deceased, requiring them to be and appear before the said Surrogate at this office in the Village of Cherry Valley in said County of Otsego on the 13th day of December A.D. 1841 at 10 o’clock AM to oppose or support as they may see fit the proof of said Will and show cause if any they have why letters of Administration thereon with a copy of said Will annexed should not be granted to the said William F. Winne. At a surrogate Court held at the Surrogate office in the Village of Cherry Valley in and for the County of Otsego on the 13th day of December A.D. 1841. Before James Brackett, Surrogate. In the matter of proving the last will and Testament of Francis Winne, Deceased. William F. Winne, Devisee in said Will named, appears and brought into Court the issues in the above matter and made satisfactory proof of the due service of the same, and therefrom, the said Surrogate being satisfied that the said citation had been served according to the statues of the State of New York in such case made and provided it was ordered that said Francis F. Winne have leave to proceed to prove the said will of the said Deceased thereupon the following proof was exhibited. In the matter of proving the last will and Testament of Francis Winne, Deceased: Be it remembered that on the thirteenth day of December one thousand eight hundred forty one, personally appeared before James Brackett Surrogate of the said County of Otsego, Coonrod W. Winne, of Canajoharie in the County of Montgomery, late of Cherry Valley in the said County of Otsego, who was an Uncle of this Deponent, and was intimately acquainted with him from this Deponents infancy till the death of the said Francis and the Deponent brings the instrument now produced and shown to him being in writing under seal and purporting to be the last will and Testament of the said Francis Winne, Deceased, bearing the date the eighteenth day of June, one thousand eight hundred and twenty nine that he the deponent drew it according to the direction and declaration of the said Francis Winne, Deceased, that the said Francis Winne at the time of the execution of this said will was in the judgment of this deponent of sound mind and memory and under no restraint and of legal age and that though he is not a subscribing witness to the said will, he was present at the execution thereof and did see the said Francis Winne sign and seal and declare the same his last will and Testament; that it was delivered to him for safe keeping by the said Testator and this deponent did so keep it till after the death of the said Francis Winne, Deceased, when he delivered it to William F. Winne one of the devisees named thereon, that it does not appear to be altered or mutilated since he parted with the possession thereof as to the writing & was not altered whilst in his possession and he verily believes the said will to be genuine, that it is now pasted or fastened to a piece of newspaper; and whether it has been so pasted or fastened since he had possession thereof he is not certain further that he has heard the said Francis Winne, Deceased, declare the said instrument to be his last will and Testament at the time of its execution, that the subscribing witness to the will aforesaid, to wit, James Baxter, Francis F. Winne and William Winne, became such witnesses at the request of said Francis Winne, Deceased. Sworn and subscribed this 13th day of December, 1841, (C.W. Winne) Before me James Brackett, Surrogate. Wherefrom, it was ordered, by the said Surrogate that the further hearing and proceedings in the said matter be adjourned to the 30th day of December 1841, at 10 o’clock A.M. at the office of said Surrogate in the Village of Cherry Valley, aforesaid. James Brackett, Surrogate At a Surrogate Court held at the Surrogate office in the Village of Cherry Valley in and for the County of Otsego, on the 30th day of December A.D. 1841. Before James Brackett, Surrogate. In the matter of proving the last will and Testament of Francis Winne, Deceased. Appeared the said William F. Winne and Dewitt C. Bates, Esqr., a counsel for John F. Winne, Peter Winne and Matthew Winne three of the heirs at law of said Deceased and the further following proof was taken in the above matter, as follows , to-wit: In the matter of proving the last will and Testament of Francis Winnie, Deceased. Otsego County and be it remembered that on the thirtieth day of December in the year of our Lord one thousand eight hundred and forty one before James Brackett, surrogate of the County of Otsego, personally appeared James Baxter who being by said Surrogate duly sworn and examined doth depose and say that this deponent was well acquainted with Francis Winne, Deceased, that he was present as a witness and did see the said Francis Winne, Deceased, subscribe at the end thereof the instrument in writing under seal now produced and shown to this deponent, purporting to be the last will and Testament of the said Francis Winne, Deceased, bearing date the eighteenth day of June in the year of our Lord one thousand eight hundred twenty nine, or heard him, acknowledge he so subscribed it, that such subscription or acknowledgement was made by the said Testator in the presence of the deponent, that the said Testator at the same time declared the instrument so subscribed by him to be his last will and testament, Whereupon the deponent signed his name at the end thereof at the request of the said Testator, that the said Testator at the time of executing and publishing the said last will and Testament was of full age, of sound mind and memory and not under any restraint: that from all the conduct of the said Francis Winne when the said will was executed, and both before and afterwards this deponent entertains no doubt of the genuiness of said will; and believe it to be in verily what the said will purports to be, the last will and Testament of Francis Winne, Deceased, Sworn this 30th day of December 1841 before me James Brackett, Surrogate. (signed) William Winne Whereupon I, James Brackett, the Surrogate aforesaid, upon the proof aforesaid, being satisfied of the genuiness and validity of the said will, so therefore order that said will be admitted to proof as for the last will and Testament of the real and personal estate of said Deceased. And that letters of Administration thereon with (a copy of) the will annexed to be granted to the said William F. Winne. In Testimony whereof we (S.S.) have caused our seal of office to be hereunto affixed. Witness James Brackett Surrogate of the county of Otsego, at Cherry Valley in said County this 30th day of December A.D. 1841. James Brackett, Surrogate. Which said proof here and before recorded and contained and the said Will is ordered to be recorded as follows, to-wit: I, Francis Winne of the town of Cherry Valley, County of Otsego and State of New York do make and ordain this my last will and testament in manner and form following, viz, I give and bequeath to my sons John, Daniel, Peter, Matthew and Coonrod each the sum of one dollar. I give and bequeath to my daughter Cornelia all my household furniture beds and bedding excepting one bed and bedding which I give and bequeath to my son Daniel the said furniture beds and bedding not to be delivered till after my wife's decease and I likewise except my clock and stove which is to be left with the rest and residue of my estate goods and chattels, which I give and bequeath my son William. I further give and bequeath unto my son Daniel a good and decent maintanance out of my estate as long as he lives which he is to have by my son William and I likewise give unto my dear and beloved wife all my household furniture beds and bedding as long as she lives and likewise all my Estate which she is not to dispose of in any way or manner Whatsoever the said Estate to revert into the hands of my son William after her decease and the said William is to give her a decent support and maintanance out of the said Estate as long as she lives.-- I nominate constitute and appoint Coonrod W. Winne sole Executor of of this my last will and testament hereby revoking all other & former wills by me at any time heretofore made,. In Witness whereof I have hereunto set my hand and seal the 18th day of June in the year of our Lord 1829. Francis Winne (S.S.) Signed Sealed published and declared by the Said Testator Francis Winne as and for His last will and testament in the presence of us who have subscribed our names as witnessed thereto in the presence of the said Testator. (William Winne) - (Jonas Baxter) - (Francis W. Winne) State of New York, Otsego County, SS: I certify, that the written instrument hereto annexed, was duly admitted to proof as and for the last will and testament of the real and personal estate of Francis Winne, Deceased, named in said Instrument on this thirtieth day of December in the year of our Lord one thousand eight hundred and forty one. In Testimony whereof I have hereunto set my hand and affixed my seal of office the day and year aforesaid. James Brackett, Surrogate. State of New York, Otsego County SS: I certify, that the foregoing is a true record of the proceedings had before the surrogate of the County of Otsego in the matter of proving the last will and Testament of Francis Winne, Deceased. The words "goods and chattels" in the 15th line of the foregoing record were interlined over the word "which" in the same line thus "goods and chattels" in the original will. S.S. . James Brackett, Surrogate In the matter of proving the last will and Testament of Francis Winne, Deceased Otsego County, SS; Be it remembered, that on this thirtieth day of December in the year of our Lord one thousand eight hundred & forty one, Before James Brackett, Surrogate of the County of Otsego, personally appeared Francis W. Winne, who being by the said Surrogate duly Sworn and examined, doth depose and say, that this deponent was well acquainted with Francis Winne late of Cherry Valley, Otsego County, Deceased, that he was present as witness and did see the said Francis Winne, deceased, subscribe at the end thereof the instrument in writing under seal now produced and shown to this deponent, purporting to be the last will and Testament of the said Francis Winne, deceased bearing the date the eighteenth day of June in the year of our Lord one thousand Eight hundred twenty nine, that such subscription was made by the said Testator in the presence of this deponent: That the said Testator at the same time declared the instrument so subscribed by him to be his last will and Testament; Whereupon the deponent signed his name at the end thereof at the request of the said Testator, that the said Testator at the time of executing and publishing the said last will and Testament was of full age, of sound mined and memory and not under any restraint; that from the whole conduct of the said Francis Winne, Deceased, when the said Will was executed, he believes the said will to be genuine, valid and authentic; that he and the other witnesses then resided and now reside in the Town of Cherry valley in the County of Otsego, where the said Testator also resided at the time of his death, and the deponent believes the said will to be in verity what it purports to be the last will and Testament of the said Francis Winne, Deceased; that he, this deponent, Jonas Baxter and William Winne the said subscribing witnesses were all present and together when the said subscription was made by said Testator and became witnesses to said Will at the request and in the presence of said Testator Sworn this 30th day of December (signed) Francis W. Winne 1841, Before me James Brackett, Surrogate in the matter of proving the last Will and Testament of Francis Winne, Deceased, Otsego County, SS. Be it remembered that on this thirtieth day of December, in the year of our Lord one thousand eight hundred and forty one, before James Brackett, Surrogate of the County of Otsego, personally appeared William Winne who being by the surrogate duly sworn and examined, doth depose and say that this deponent was well acquainted with Francis Winne, Deceased, that he was present as a witness and did see the said Francis Winne, Deceased, subscribe at the end thereof the instrument in writing under seal now produced and sworn to this deponent, purporting to be the last will and Testament of the said Francis Winne, Deceased, (remaining lines missing)