WILL: William Gilchrist; Clarkstown, Rockland co., NY surname: Gilchrist, Tallman, Fitch, submitted by Bruce Roubaud (brubo at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 5, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.0 Kb ************************************************ Source: Sampubco.com Rockland co NY Will Book Vol M page 135 Written: January 2, 1875 Recorded: April 5, 1875 Last Will and Testament Of William Gilchrist Transcribed from SAMPUBCO copy by Bruce Roubaud The Will of William Gilchrist Be It Remembered, That heretofore, to wit, on the Fifteenth day of March in the year one thousand eight hundred and seventy-five, Leonard F. Fitch, the Executor named in the last Will and Testament of William Gilchrist, late of the town of Clarkstown, in the County of Rockland, deceased, appeared in open Court before the Surrogate of the said County of Rockland and made application to have the said last Will and Testament, which relates to both personal and real estate, proved and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow, heirs at law and next of kin of said deceased, and their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in Clarkstown on the Fifth day of April next at Eleven o’clock in the forenoon of that day, then and there to attend the Probate of said Will: and afterwards, to with on the said Fifth day of April, satisfactory evidence was produced and presented to said Surrogate of the service of said Citation in the mode prescribed by law, and it being ascertained on said day, or before any proceedings were taken upon said will, that two of the parties cited were minors, having no general guardian residing within the State of New York, a special guardian was appointed in due form of law to take care of their interests in the matter of proving the said will by an order entered for that purpose by said Surrogate, and on that day no one appearing to oppose the Probate of such will, such proceedings were thereupon had afterward that the Surrogate took the proof of said will hereinafter set forth, upon this Fifth day of April in the year one thousand eight hundred and seventy-five; and he adjudged the said will to be a valid Will of real and personal estate, and the proof thereof to be sufficient, which said last Will and Testament and proofs are as follows; viz:~ Will. In the Name of God, Amen. I, William Gilchrist, of the town of Clarkstown, in the County of Rockland and State of New York, of the age of eighty-eight years, and being of sound mind and memory, do make, publish and declare this my last will and testament in manner following, that is to say: First, I give and bequeath to my wife Lettie Gilchrist, the full use and benefit of my House and lot, together with the outbuildings thereon, formerly occupied by me, during her natural life. (Said home and lot site abed at Rockland Lake. Also all my personal property, and the rents and proceeds of my above property, being a part of the Fitch store, and now partly occupied by Harmon N. Tallman. The said store property to be sold within one year after my death, if not sold before, and my wife Lettie Gilchrist is to have the full interest and benefit accruing from the amount of said sale during her natural life. And at her death the property, both real and personal, to be divided into three equal shares. One third to Mary Ann Tallman or her heirs. One third to Hanna Fitch or her heirs, and one third to the heirs of John W. Gilchrist, deceased. Second, my funeral expenses to be paid out of my personal property, and my remains to be buried in the Ryder burying ground near my Father and Mother. And lastly, I do hereby nominate and appoint Leonard F. Fitch and Lettie Gilchrist to be the executors of this my last will and testament, hereby revoking all former wills by me made. In witness whereas, I have hereunto set my hand and seal this second day of January in the year of our Lord one thousand eight hundred and seventy-five. Wm. Gilchrist (L.S.) The above instrument, consisting of one sheet of paper, was, at the date thereof, signed, sealed, published and declared by the said William Gilchrist as and for his last will and testament in presence, afers, who at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. Henry Brinkerhoff, Rockland Lake, Town of Clarkstown, Rockland County, N. Y. Harvey C. Smith, Rockland Lake, Town of Clarkstown, Rockland County, N. Y. Surrogate’s Court, County of Rockland. In the Matter of Proving the last Will and Testament ~ of ~ William Gilchrest, Deceased ___________________¬¬ County of Rockland Is:~ __________________ Be It Remembered, That on the Fifth day of April in the year one thousand eight hundred and seventy-five, before A. Edward Sufferu, Surrogate of said count, personally appeared Henry Brinkerhoff, who being by the said Surrogate duly sworn and examined doth depose and say, that his deponent was well acquainted with William Gilchrist, late of the town of Clarkstown in said County, deceased; that he was present as a witness and did see the said William Gilchrest, deceased, subscribe his name at the end of the Instrument now produced and shown to this deponent, purporting to be the last Will and Testament of the said William Gilchrest, deceased, bearing date the Second day of January in the year one thousand eight hundred and seventy-five; that such subscription was made by the said Testator in the presence of this deponent and Harvey C. Smith, the other subscribing witness; that the said Testator, at the same time, declared the Instrument so subscribed by him to be his last Will and Testament; - Whereupon this deponent signed his name at the end of said Instrument at the request of the said Testator, and in his presence and that the Said Testator, at the time of so executing the said Instrument; was of full age, and of sound mind, memory and understanding, and not under any restraint or in any respect incompetent to bequeath or devise his Estate; and that this deponent saw the said Harvey C. Smith the other attesting witness, sign his name as a witness at the end of said Instrument, in the presence of the Said Testator at his request. Subscribed and Sworn to before me this Fifth day of April 1875, A. Edward Sufferu, Henry Brinkerhoff Surrogate Surrogate’s Court, County of Rockland. ____________________________ In the Matter of Proving the last Will and Testament Of William Gilchrest, deceased __________________________ County of Rockland Is: Be It Remembered, That on the Fifth day of April in the year one thousand eight hundred and seventy-five, before A. Edward Sufferu, Surrogate of Said County personally appeared Harvey C. Smith, who being by the said Surrogate duly sworn and examined, doth depose and say, that this deponent was well acquainted with William Gilchrest, late of the town of Clarkstown in the said County, deceased; that he was present as a witness, and did see the said William Gilchrest, deceased, subscribe his name at the end of the Instrument now produced and shown to this deponent, purporting to be the last Will and Testament of the said William Gilchrest, deceased, bearing date the Second day of January in the year one thousand eight hundred and seventy- five, that such subscription was made by the said Testator in the presence of this deponent and of Henry Brinkerhoff, the other subscribing witness; that the said Testator at the same time, declared the Instrument so subscribed by him to be his last Will and Testament; - Whereupon this deponent signed his name at the end of said Instrument at the request of the said Testator, and in his presence; and that the said Testator, at the time of so executing the said Instrument, was of full age, and of sound mind, memory and understanding, and not under any restraint, or in any respect incompetent to bequeath or devise his estate; and that this deponent was the said Henry Brinkerhoff, the other attesting witness, sign his name as a witness at the end of said Instrument, in the presence of said Testator and at his request. Subscribed and Sworn to, this Fifth day Of April 1875, before me, A. Edward Sufferu, Harvey C. Smith Surrogate