WILL: Jonathan Edmonds; Stillwater, Saratoga co., NY surname: Edmonds, Waldron, Whitman, Baker, Johnson submitted by Jayne Szaz (perllan987 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 2,2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 7.6 Kb ************************************************ Source: Sampubco photocopy Saratoga co NY Will Book Vol. 24 page 301 Written: August 26 1821 Recorded: December 20 1875 Will of Jonathan Edmonds The last will and testament of Jonathan Edmonds, late of the town of Stillwater in the County of Saratoga N.Y. Deceased relative to real and personal Estate recorded on the 20th day of December 1875. At a Surrogate's court held at the village of Waterford in and for the County of Saratoga on the 20th day of December 1875. Present Cornelius A. Waldron Surrogate Saratoga County fs: Be it remembered that at a Surrogate Court held at the village of Waterford in and for the County of Saratoga on the 15th day of November 1875. Gardiner Edmonds of Stillwater in said county, the person named as executor in a certain instrument in writing dated the 26th 1871 and purporting to be the last will & testament of Jonathan Edmonds appeared and presented said will for probate-and at the same time made satisfactory proof that the said Jonathan Edmonds died on the 1st day of November 1875 he being at the same time an inhabitant of the said county of Saratoga-and that he left him surviving him Franklin Edmonds Margaret Edmonds, & Ellen Jane Edmonds residing in Stillwater Saratoga County, N.Y. Ephraim Edmonds residing in Schaghticoke Renfselaer County N.Y. Jonathan Edmonds, Jr. residing in Halfmoon Saratoga County N.Y. Elizabeth Johnson residing in Clifton Park Saratoga County N.Y. Charles Edmonds residing in Schenectady N.Y. Isaac Edmonds residing in Clay Onondaga County N.Y. Francis B. Edmonds residing in Hartford Cortland County N.Y. and the said Gardiner Edmonds all of full age-who are all and the only heirs at law and next of kin of the said deceased-And thereupon a citation was ifsued to the said heirs at law and next of kin, citing them to appear before the said Surrogate at his office in the village of Waterford aforesaid, on the 20th day of December 1875 at Ten o'clock in the forenoon of that day, to attend the proof and probate of said wills. At which time and place the said Gardiner Edmonds again appeared and returned said citation with proof of the one and legal service of the same upon all to whom directed-and the said Gardiner produced said will and made application to have the same admitted to probate. And now on this said 20th day of December 1875 at said hour and place, the said Gardiner Edmonds as appearing in person-and no one opposing the said will was produced and shown to the attesting witnesses thereto, and the proof was taken as follows: County of Saratoga-Surrogates Court In the matter of proving the last will and testament of Jonathan Edmonds deceased. Saratoga County for Theodore Baker and Benjamin Whitman of the town of Stillwater 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 Jonathan Edmonds late of the town of Stillwater in the county of Saratoga aforesaid, deceased. And these deponents further say, that the said deceased did, in the present 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 26th day of August in the year one thousand Eight hundred and twenty-one, 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 therefore 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. Theodore Baker B. Whitman Subscribed and sworn this 20th day of December 1875 before me C. A. Waldron Surrogate And it appearing from the proof so taken that said instrument was duly executed and that the 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 & 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 the said Jonathan Edmonds deceased. And it is further ordered that 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: I Jonathan Edmonds of Stillwater, mindful of the uncertainties of human life, do make, publish and declare this my last will and testament in the manner following: "First: after the payment of my just debts and funeral expenses, first I give devise and bequeath to my son Franklin Edmonds the use of all my real and personal property during his lifetime. Second: After the death of my son Franklin Edmonds I give and bequeath to my daughter Elizabeth Johnson one hundred and fifty (150) dollars. Third: The use of the remainder of my real and personal Estate I give devise and bequeath for their own use as long as they shall live and to the survivor as long as she shall live and what remains after the death of both daughters. Fourth: I give and bequeath to my heirs according to kin each their lawful share. Fifth: I hereby nominate and appoint my son Gardiner Edmonds the executor of this my last will and testament and hereby authorize and empower him the said Gardiner Edmonds the executor of my last will and testament and hereby authorize and empower him the said Gardiner Edmonds to compound, compromise, and settle any claim or demand which may be against or in favor of my said Estate. In witness whereof I have hereunto set my hand and seal this 26th day of August 1871. Jonathan Edmonds L.S. Signed published and declared by the said Testator to be his last will and testament in the presence of us who have signed our names at his request as witnesses in his presence and in the presence of each other. Witnesses} Theodore Baker Stillwater } B. Whitman Stillwater Saratoga County fs: 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 Jonathan Edmonds, late of the town of Stillwater in said county, deceased- relating to real and personal Estate together with the proof thereof recorded on the 20th day of December 1875. C. A. Waldron Surrogate