WILL: William Barrett; Charlton, Saratoga co., NY surname: Barrett, Weeks submitted by Charles Bub (cbubjr at nycap.rr.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: May 21, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.7 Kb ************************************************ Source: sampubco.com Saratoga County, New York Will Book Vol. 22 page 100 Written: June 6, 1864 Recorded: September 13, 1869 Transcribed from SAMPUBCO copy by Charles W. Bub, Jr. The last Will and Testament of William Barrett late of the town of Charlton deceased, relating to both real and personal estate together with the proof thereof recorded in the 13th day of September 1896. At a Surrogates Court held at the Village of Ballston Spa in and for the County of Saratoga on the 13th day of September 1869. Present Cornelius A. Waldron, Surrogate Be it remembered that at a Surrogates held on the 10th day of May 1869, Thomas Weeks the person named as Executor in a certain instrument in writing dated the 6th day of June 1864 purporting to be the last Will and Testament of William Barrett appeared and presented said Will for probate and at the same time made satisfactory proof that said William Barrett died on the 29th day of January 1869 being at the time an inhabitant of the County of Saratoga and that he left him surviving the following persons to wit; William Barrett, Charles R. Barrett, Richard R. Barrett, Howard Barrett, Henrietta Barrett, Julia Ann Barrett, John Barrett and Elizabeth Barrett, Sarah Barrett and Thomas Barrett all of full age and who are all and the only heirs at law and next of kin of said deceased and thereupon a citation was issued to said heirs at law and next of kin citing them and each of them to appear before the Surrogate at his office in the Village of Ballston Spa in said County of Saratoga on the 12th day of July 1869 at 10 o’clock A.M. to attend the proof and probate of said Will. And on said return day the said Thomas Weeks again appeared and returned said citation with proof of the due and legal service of the same on all to whom directed and the subscribing witnesses not being present the proof and probate of said Will was adjourned until the 13th day of September 1869 at the same hour and place and room at this day the same Thomas Weeks again appeared and made application to have said Will admitted to probate and no one opposing and said Will being produced and shown to one of the attesting witnesses thereto the proof thereof was taken as follows County of Saratoga } Surrogates Court } In the matter of proving the last Will and Testament of William Barrett deceased Saratoga County SS: Charles T. Wicks of the town of Charlton in the County of Saratoga being first duly sworn in open court on his oath does depose and say: that he and one John Low formerly of Charlton aforesaid are subscribing witness to the last Will and Testament of William Barrett late of the town of Charlton in the County of Saratoga aforesaid deceased. And this deponent and the said John Low subscribe his name at the end of the instrument which is now shown to this deponent, and which purports to be the last Will and Testament of the said deceased, and which bears date on the sixth day of June in the year one thousand eight hundred and sixty four 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 this deponent and the said John Low, 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 and belief of this deponent and this deponent further says that the said John Low is dead. Charles T. Wicks Subscribed and Sworn this 13th day of September 1869 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 objections 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 William Barrett deceased. And it is further ordered that said Will be recorded with the proof thereof which proof is herein before recorded and said Will is in the words and figures following to wit: In the name of God, Amen. I, William Barrett of the town of Charlton, County of Saratoga and State of New York do make and publish this my last will and testament in manner following viz: I give and bequeath to my beloved wife Ellen the use of all my real estate consisting of my dwelling house and ten acres of land where I now live and whatever cows I may have at the time of my death during her natural life. I give and bequeath the above mentioned property at the decease of my wife Ellen to her children viz: William, Charles R., Richard R., Howard, Henrietta and Julia Ann to be divided equally among them. Lastly, I appoint Thomas Weeks of the town of Charlton, Executor of this my last will and testament hereby revoking all former wills by me made; In testimony whereof I have hereunto set my hand and seal this 6th day of June in the year of our Lord one thousand eight hundred and sixty-four William Barrett (L. S.) Signed, sealed, published and declared by the above named William Barrett to be his last will and testament in the presence of us who have hereunto subscribed our names as Witnesses in the presence of the testator and in the presence of each other. John Low Residing in the town of Charlton Charles T. Wicks residing in the town of Charlton the words eight hundred interlined before signing Saratoga County S. S: 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 William Barrett deceased relating to both real and personal estate and of the proof thereof taken before me September 13th 1869. C. A. Waldron Surrogate