WILL: James Antes; Cherry Valley, Otsego co., NY surname: Antes, Babcock, Putman submitted by Ron Schulz (remschulz at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 24,2005 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. 9 page 146 Written: April 10, 1850 Recorded: December 11, 1850 Be it remembered that heretofore to wit on the eleventh day of December in the year one thousand eight hundred and fifty John Antes sole executor named in the last Will and Testament of James Antes late of the town of Cherry Valley 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 which relates to both real and personal estate proved and on such application the said surrogate did ascertain by satisfactory evidence who were the widow heirs and next of kin of the said deceased and their respective residences and one of them appearing to be a minor having no general guardian the Surrogate did by an order entered for that purpose in due form of law appoint a Special Guardian for said minor for the sole purpose of protecting his interest in the matter of proving the said will and thereupon the said executor the consent in writing of the widow and all the heirs of said deceased who are of full age that the said will be admitted to probate for the (missing?) and the said Special Guardian having appeared in open court before the said Surrogate given the like consent such proceedings were thereupon had afterwards that the Surrogate took the proof of the said will on the day first above written and he 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 us to say Will In the name of God amen I James Antes of the town of Cherry Valley in the County of Otsego and State of New York of the age of seventy years and being of sound mind and memory do make publish and declare this my last will and testament in manner following, that us to say--- First I give and bequeath to my wife Elisabeth Antes all my household furniture including the cooking stove and apparatus (?) ---- Second I give and bequeath to my daughter Margaret Antes twenty dollars to be paid within four years or at the expiration of four years from the date of my decease. --- Third I give and bequeath to my son Henry Antes twenty dollars to be paid at the expiration of five years from the date of my decease. Fourth I give and bequeath to my son James Antes who is a minor aged thirteen years on the twenty-fifth day of August last past fifty dollars to be paid when he shall become twenty one years of age which will be on the twenty fifth day of August in the year one thousand eight hundred and fifty seven ---- Fifth I give and bequeath to my son John Antes his heirs and assigns my homestead farm and all my real estate subject to the right of dower of my wife Elisabeth Antes unless she shall in lieu of dower elect to be maintained and supported by my said son John Antes which said homestead and real estate in situate in the town of Cherry Valley afore, and to have and to hold the said homestead together with the appurtenances (except the right of dower as aforesaid) to the said John Antes forever on the condition of his complying with the following conditions. First he shall pay all my past debts and funeral expenses and the several legacies herein before made to the said respective legatees when they shall respectively become due. Second if my wife Elisabeth Antes elect to be maintained by him in lieu of dower he shall provide for and maintain her in a suitable manner while she so elect to be maintained and while she shall remain a widow. Third he shall maintain my daughter Margaret Antes while she remains unmarried or continues one of his household or family which she is to have the privilege of being until married. Fourth he shall maintain my sister Margaret Antes as one of his household or family while she remains unmarried. Fifth he shall furnish my son James a home with him till he shall be fourteen years of age when I will order he shall bound with his consent to some suitable person for the purpose of being instructed in the skill of some mechanical trade or business said James Antes until bound as aforesaid to have what he can earn by labor for the furnishing himself with suitable clothing subject to the guardianship of his mother and lastly I give and bequeath to my said son John Antes all the rest residue and remainder of my personal estate goods and chattels of what name and kind so ever and I hereby appoint my said son John Antes 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 tenth day of April in the year of our lord one thousand eight hundred and fifty James Antes L. S. The above written instrument consisting of one sheet was at the date thereof signed sealed published and delivered by the said James Antes 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 as witnesses hereto. Note the following alterations were made before the tester signed his name thereto. The line from top on first page the word ten erased and twenty interlined, fourth line from bottom on first page the words "heirs and assigns" interlined. Last line on second page "with his consent" interlined. Tenth line from the top third page the word "son" interlined. Silas Babcock residing at Cherry Valley Otsego County Francis Putman residing at Cherry Valley Otsego County In the matter of proving } The Last Will and Testament } Otsego County, SS Silas Babcock and Francis Putman of of } the town of Cherry Valley in the County of Otsego being James Antes deceased } duly sworn and examined before Hiram Kinne Surrogate of the County of Otsego do depose and say that they were well acquainted with James Antes in his lifetime, now deceased, that they were present as witnesses and did see the said James Antes subscribe his name to the instrument in writing now produced and shown to these deponents bearing date the tenth day of April in the year one thousand eight hundred and fifty purporting to be his last will and testament of the said James Antes deceased. That the said James Antes at the time of making the said subscription declared the said instrument to be his last will and testament and requested these deponents to sign their names as witnesses thereto. Thereupon these deponents accordingly signed their names as witnesses at the end of said instrument. These depondents further say that the said James Antes at the time he so executed the said instrument was a citizen of the United States of full age of sound mind nd memory in all respects competant to devise real estate and not under restraint. Sworn and subscribed before Silas Babcock me this 11th day of Francis Putman December 1850 Hiram Kinne Surrogate Otsego County } Surrogate Court } SS. It appearing upon the proofs duly taken in respect to the Last Will and Testament of James Antes 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 James Antes 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 eleventh day of December in the year one thousand eight hundred and fifty Hiram Kinne Surrogate