WILL: John B. Shepard; Waterford, Saratoga co., NY surname: Shepard, Shires, Rebman submitted by Joyce Hine (jhine31980 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: October 3, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 6.7 Kb ************************************************ Source: Sampubco photocopy Saratoga NY Will Book Vol. 25 page 513 Written: 28 January 1879 Recorded: 23 June 1879 The last Will and Testament of John B. Shepard late of the town of Waterford in Saratoga County deceased - relating to both real and personal property. Recorded on the 23rd day of June 1879. At a Surrogate Court held at the village of Waterford in and for the County of Saratoga on the 23rd day of June 1879. Present Elias H. Peters Surrogate Be it remembered that at a Surrogate Court held at the village of Waterford in and for the County of Saratoga on the 26th day of May 1879 - Harriet Shepard of the town of Waterford Saratoga County the person named as executrix in a certain instrument in writing dated January 28th 1879 and purporting to be the last Will and Testament of John B. Shepard appeared and presented said Will for probate, and at the same time made satisfactory proof that the said John B. Shepard died on the 11th day of May 1879 being at the same time an inhabitant the said county of Saratoga and that he left him surviving his widow Harriet Shepard - Rebecca Shires and Ada Shepard who are all and the only heirs at law and next of kin of the said deceased. And thereupon a citation was issued to the said heirs at law and next of kin citing them to appear before said Surrogate at his office in the village of Waterford aforesaid on the 23rd day of June 1879 at 10 o'clock A.M. - to attend the proof and probate of said will. At which time and place the said petitioner again appeared and returned said citation with proof of the due and legal service of the same upon all to whom directed and the said petitioner produced said will and made application to have the same admitted to probate. And it appearing to said Surrogate that Ada Shepard was an infant and had no testamentary or legal guardian - F.S. Waldron was duly appointed her special guardian for the sole purpose of taking care of her interest in the probate of said will - That said special guardian accepted said appointment and appeared in person at said time and place. And now on this said 23rd day of June 1879 at said hour and place the said petitioner and said special guardian having appeared 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: Saratoga County S. S. Cornelius A. Waldron and Francis S. Waldron both of the town of Waterford in the county of Saratoga being just duly sworn in open court, on their oaths, do depose and say, that they are subscribing witnesses to the last Will and Testament of John B Shepard late of the town of Waterford 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 28th day of January 1879 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 depondents. C.A. Waldron F.S. Waldron Subscribed and sworn this 23rd day of June 1879 before me E.H. Peters - 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 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 John B. Shepard deceased. And it is further ordered, that said Will be recorded with the proof thereof, which proof is hereintofore recorded and said Will is in the records and figures following to wit: WILL I John B. Shepard of the town of Waterford in the county of Saratoga and State of New York do hereby make and publish and declare my last Will and Testament as follows: I give devise and bequeath unto my wife Harriet Shepard all my estate real and personal and wherever situate and do hereby nominate, constitute and appoint her my said wife sole executrix thereof. In Witness Whereof I have hereunto set my hand and seal this 28th day of January 1879. John B Shepard L.L. The foregoing instrument was at the date thereof signed, published and declared by John B. Shepard the testator therein named as for and to be his last Will and Testament in the presence of us who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses. F.S.Waldron, Waterford, N.Y. C.A. Waldron, Waterford, N.Y. Saratoga County S. S. I Elias H. Peters Surrogate of said county do hereby certify the foregoing to be a true record of the last Will and Testament of John B. Shepard late of the village of Waterford in Saratoga County deceased relating to real and personal estate, together with the proof thereof - Recorded on the 28th day of June 1879. E H Peters Surrogate Additional Comments: Rebecca (Mrs. George) Shires was the daughter of John B. Shepard. Ada (AKA Addie) Shepard was his granddaughter. She later married and became Addie Rebman.