WILL: Clark W. Salisbury; Saratoga Springs, Saratoga co., NY surname: Salisbury, Hulbert, Pike, Shoudy, Waldron submitted by Mary Ann Salisbury (emailmary at comcast.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 28, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.2 Kb ************************************************ Source: Sampubco.com Saratoga co NY Will Book Vol. 21 page 624 Written: March 16, 1866 Recorded: September 28, 1868 WILL of CHARLES "CLARK" W SALISBURY h/o SARAH of SARATOGA SPRINGS WILL of CLARK W. SALISBURY of SARATOGA SPRINGS, NY SEE WILL OF HIS WIFE, SARAH W. B. SALISBURY Died: 4 MARCH 1868, age about 46 Will signed: 16 MARCH 1866, age 44 Probate: 14 AUGUST 1868 Recorded: 28 SEPTEMBER 1868 Surrogate: CORNELIUS A. WALDRON Wife and Executrix: SARAH W. B. SALISBURY Son: CLARK W. SALISBURY, Minor, under age 14 Guardian: LEMUEL B. PIKE, ESQ. Witness: JOHN C. HULBERT Witness: JOSEPH A. SHOUDY CHARLES W. "CLARK" SALISBURY: THE LAST WILL AND TESTAMENT of CLARK W. SALISBURY late of the TOWN of SARATOGA SPRINGS deceased, relating to both real and personal estate, together with the proof thereof, RECORDED on the 28th DAY of SEPTEMBER 1868. AT A SURROGATE'S COURT held at the VILLAGE of SARATOGA SPRINGS, in and for the COUNTY of SARATOGA on the 28th DAY of SEPTEMBER 1868 PRESENT: CORNELIUS A. WALDRON, SURROGATE BE IT REMEMBERED, that at a Surrogate's Court held on the 14TH DAY of AUGUST 1868, SARAH W. SALISBURY, the person named as EXECUTRIX in a certain instrument in writing dated the 16TH DAY of MARCH 1866, purporting to be the Last Will and Testament of Clark W. Salisbury deceased, appeared and presented said Will for probate, And at (the) same time made satisfactory proof that said CLARK W. SALISBURY died on the 4th day of March 1868, being at the time of his death an inhabitant of the County of Saratoga, and that he left him said EXECUTRIX his WIDOW, and CLARK W. SALISBURY his SON, and who are all and his only heirs at law and next of kin. And thereupon a Citation was issued to said CLARK W. SALISBURY, citing him to appear before the Surrogate at his office in the Village of Saratoga Springs in said County of Saratoga on the 28th day of September 1868, at 10 O'clock A.M. to attend the proof and probate of said Will. And now at this day the said EXECUTRIX again appeared and returned said citation with proof of the due and legal service of the same on said CLARK W. and made application to have said Will admitted to probate. And it appearing that said CLARK W. is a MINOR under the age of fourteen years, and LEMUEL B. PIKE, ESQ. Consenting thereto in writing was appointed SPECIAL GUARDIAN of the said MINOR to take care of his rights and interests in the matter of proving said Last Will and Testament. And said SPECIAL GUARDIAN having appeared in person, and no one opposing said Will was produced and shown to the attesting witnesses thereto, and the proof thereof taken as follows: COUNTY OF SARATOGA SURROGATE'S COURT IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF CLARK W. SALISBURY DECEASED SARATOGA COUNTY, SS: JOHN C. HULBERT and JOSEPH A. SHOUDY of the TOWN of SARATOGA SPRINGS in the 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 AND TESTAMENT of CLARK W. SALISBURY late of the Town of Saratoga Springs in the County of Saratoga, aforesaid, deceased. And these deponents further say, that the said deceased did, in the presence of these deponents, subscribe his 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 16th day of March in the year one thousand eight hundred and sixty six: that the said deceased did, at the time of subscribing his name to said instrument as aforesaid, declare the same to be his 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 his presence, and in the presence of each other, That the said deceased, at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty one years of age; that he appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents. C. HULBERT J. A. SHOUDY Subscribed and sworn this 28TH DAY OF SEPTEMBER 1868 before me, C. A. WALDRON, SURROGATE And it appearing from the proof so taken that said instrument was duly executed, and that said Testator was at the time of executing the same, in all respects competent to devise real estate, and not under restraint. And the said Surrogate having inquired into the facts and circumstances, and being satisfied of the genuineness and validity of said instrument, and no objection being made thereto, it is ordered, adjudged and decreed that said instrument be admitted to probate as and for the Last Will and Testament of said Clark W. Salisbury deceased. And it is further ordered that the said Will be recorded with the proof thereof, which said proof is hereinbefore recorded, and said Will is in the words and figures following, to-wit: "In the name of God, Amen. I, CLARK W. SALISBURY of the VILLAGE of SARATOGA SPRINGS, being of sound mind and memory, aged forty four years, do make and publish this my Last Will and Testament in manner following: FIRST: I give and bequeath unto my BELOVED WIFE SARAH W. all the personal property of which I may die possessed. SECOND: I give and devise to my said WIFE the use and income, rents and profits of all the real estate of which I may die seized for and during her natural life. THIRD: I hereby nominate and appoint my said WIFE EXECUTRIX of this my Last Will and Testament, and revoke all former Wills by me made. In testimony whereof I have hereto set my hand this sixteenth day of March 1866. CLARK W. SALISBURY We whose names are hereto subscribed do certify that CHARLES W. SALISBURY THE TESTATOR subscribed his name to this instrument in o0ur presence, and in the presence of each of us, and at the same time he declared in our presence and hearing that the same was his Last Will and Testament, and requested us and each of us to sign our names thereto as witnesses to the execution, and which we have accordingly done in the presence of the testator, and of each other the day of the date of said Will. JNO. C. HULBERT, residing at SARATOGA SPRINGS, N.Y. J. A. SHOUDY, residing at SARATOGA SPRINGS." SARATOGA COUNTY SS: I, CORNELIUS A. WALDRON, SURROGATE of said County do hereby certify the foregoing to be a true record of the LAST WILL AND TESTAMENT of CLARK W. SALISBURY, deceased, relating to both real and personal estate, and of the proof thereof taken before me on the 28th day of SEPTEMBER 1868. C. A. WALDRON SURROGATE