WILL: Elizabeth Fitzsimmons; Town Of Saratoga, Saratoga co., NY surname: Fitzsimmons, Ensign, Cole, Perry, Sears, Palmer, Service, Doneho, Dennody, Shorten, Simons submitted by William Lester (wlester2978 at charter.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: October 1, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.7 Kb ************************************************ Source: sampubco.com Saratoga County Will Books Vol.14, Page 345 Written: October 7, 1847 Recorded: January 17, 1848 The last Will & Testament of Elizabeth Fitzsimmons deceased relating to personal estate together with the proof thereof recorded January 17, 1848. At a Surrogate Court held at the Village of Saratoga Springs in and for the County of Saratoga on the 17th day of January 1848. present Jno C. Hulbert Surrogate be it remembered that heretofore to wit at a Surrogate Court held at the place for the County and before the surrogate aforesaid on the 26th day of November 1847 Charles Ensign of said County the Executor named in a certain instrument dated the 7th day of October 1847 purporting to be the last Will and Testament of Elizabeth Fitzsimmons deceased relating to personal estate approved & offered said instrument for probate and made satisfactory proof by affidavit which is now on file in said Surrogate's office that said Elizabeth Fitzsimmons died on the 16th day of November 1847. That at some time previous to her death She was inhabitant of the Town of Saratoga in said County of Saratoga that she left as her only next of kin Lydia Cole wife of ----- Cole, Ansolom Perry and Ezra Perry. James Sears and Abraham Sears. Rachael Sears whose places of abode cannot be ascertained all of full age---And thereupon a citation was issued by said Surrogate directed to the said next of kin citing them and each of them to appear before the Said Surrogate at his Office in the Village of Saratoga Springs on the 17th day of January 1848 at 10. O'clock AM to attend the probate of said instrument. And afterwards to wit at a Surrogates Court held at the place for the County and before the Surrogate aforesaid on the 17th day of January 1848 the Executor & Executrix named in the said Will appeared and returned the said instrument Citation with an affidavit showing the publication of the same in the Albany Argus once in each week for six weeks (successively?)-The said Executor and Executrix made application to have said instrument proved & 346 Admitted to probate & no person appeared to oppose said application and thereupon on filing said Citation and and said proof of publication of Said Instrument was produced and shown to the attending witness whose deposition is herinafter recorded and the proof thereof was taken in the words & figures following to wit County of Saratoga--Surrogate Court ) In the matter of proving the last Will and Testament ) of Elizabeth Fitzsimmons deceased ) Saratoga County SS,, George Palmer of the City of Troy Resselaer County and Benjamin C. Service of Saratoga County of Saratoga being first duly sworn in open court on their oaths do depose and say that they are subscribing witnesses to the last will & testament of Elizabeth Fitzsimmons late of the Town of Saratoga in the County of Saratoga aforesaid deceased. And these deponents further say that the said deceased did in the presence of these deponents subscribe her name at the end of the instrument which is now shown to these deponents and which purports to be the last will and testament of the said deceased and which bears date on the 7th day of October in the year one thousand eight hundred forty seven. that the said deceased did at the time of subscribing her name to said instrument as aforesaid declare the same to be her last will and testament, that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the Execution thereof at the request of the said deceased and in her presence and in the presence of each other-that the said deceased at the time of subscribing her name to said instrument as aforesaid was upwards of twenty one years of age. that she appeared to be of sound mind and memory and was not under any restraint to the knowledge or belief of these deponents. George Palmer Subscribed & Sworn this 17th day Benjamin C. Service of January 1848 before me-Jnol Hulbert Surrogate And therepon it appearing upon the proof so taken that the said instrument was duly executed and that the testatrix at the time of executing the same was in all respects competent to devise personal estate and not under restraint and the said surrogate having moreover inquired particularly into the facts and circumstances and being satisfied of the genuineness and validity of the said instrument and no objection being made thereto it is hereby ordered adjudged and decreed by said Court that the said Instrument of the said Elizabeth Fitzsimmons relating to personal Estate and it is further Ordered that the said Will be recorded together with the proof thereof which said proof is hereinbefore recorded and the said Will is in the words and figures following to wit \ WILL / ---------- The Last will and Testament of Elizabeth Fitzsimmons of the Town and County of Saratoga and of the State of New York I the aforesaid Elizabeth Fitzsimmons being desirous of disposing of my Estate do make and publish this my Last Will and Testament of and concerning the same in the manner following that is to say First. I give and bequeath to my female friend Briget Doneho who now lives with me one Carpet Coverlet. the brown cow I now own. all my stocking yarn and all my stockings not hereinafter given to Marie Fitzsimmons wife of Thomas Fitzsimmons and Margaret Dennody together with three hundred dollars over and above what I may owe her at the time of my death Second--I give to the said Maria Fitzsimmons wife of the said Thomas Fitzsimmons my black bombazine gown. a woolen gown my black marino gown -all my under clothes. a bed. bedding and bed Stead, and four pillow cases and half of my stockings except four pair-- Third I give said four pair to said Margaret Dennody and to the said Briget I give my new . feather bed stead and bedding.-- Fourth, I give to Amanda Fitzsimmons wife of Felix Fitzsimmons my best black bourbazine gown and another black gown which I call Circassian and four pair of pillow cases and one table cloth--Fifth: I give to Elizabeth Sears daughter of Abraham Sears one feather bed and one blue and white coverlet three pairs of pillow cases and a pair of blankets. Sixth-I give to Lydia Cole my niece my best carpet coverled (sic) Seventh-I give to my nephew Felix Shorten . son of Ann Shorten deceased my last year heifer calf. my banjo clock. and a set of table spoons. Eight- I give to my niece Elizabeth Shorten daughter of the said Ann Shorten. one bed and bedding bed stead My large looking glass. Shovel and tongs. cherry secretary. large brass kettle, half a dozen silver tea spoons. sugar trays. crockery and all my cooking utensils and kitchen furniture of every kind and one heifer calf Ninth-I give to Sally Ensign the wife of Charles Ensign the sum of two hundred and fifty dollars Tenth. I give to Lydia Ensign Daughter of Charles Ensign my mantle clock and a set of silver tea spoons not Marked.- Eleventh-I give to Richard Simons a colored man now living with me-the potash kettle set in the furnace: my hogs pigs. sheep and lambs. the cow which causes him so much trouble to milk. all my barrells. my Grey Mare. my sleigh harness. cutter and one horse waggon two spring calves to be taken and considered in part payment of what I may owe him at the apprisal (? appraisal?) of my executors if he shall agree to accept them on these terms and I give also to him one bed and bedding that which he uses Twelfth, all the rest residue and remainder of my Estate after the payment of my debts-funeral charges. erection of tomb stones and expense of setting(sic) my estate. I give and bequeath to the said Briget Doneho. Sally Ensign. Elizabeth Shorton and Felix Shorton. the legacies hereinbefore devised to the said Briget to be for her sole & separate use forever as a (feme?) Sole free and clear of the power. disposition or debts of any husband she may hereafter marry- and I do hereby nominate constitute and appoint my friend Charles Ensign & the said Briget Doranho(sic) the executor and executrix of this my last Will and Testament hereby revoking all former wills by me made. N. B. the words "Two Hundred and" interlined In witness whereof I have subscribed my name to this Instrument & declare the same to be my last will & testament this seventh day of October 1847 her Elizabeth X Fitzsimmons cross In the attestation whereof I the said Testatrix do hereby declare the above instrument by me Subscribed at the end thereof to be my last will and Testament and have so signed & declared the same in the presence of us who at her request in her presence and in the presence of each other have Sub- scribed our names as witnesses Benjamin C. Service town and County of Saratoga George Palmer City of Troy I John C Hulbert Surrogate of the County of Saratoga do certify the foregoing to be a true record of the last Will and Testament of Elizabeth Fitzsimmons Deceased and of the proof thereof taken before me on 17th day of January 1848 Jno Hulbut Surrogate