WILL: Harriet A. 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 10, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.8 Kb ************************************************ Source: Sampubco.com Saratoga co NY Will Book Vol 26 page 262 Written: June 10 1879 Probated: 25 Oct 1880 The Last Will and Testament of Harriet A. Shepard late of the town of Waterford in Saratoga County deceased, relating to both real and personal property. Recorded on the 25th day of October 1880. At a Surrogates Court held at the village of Waterford in and for the County of Saratoga on the 25th day of October 1880. Present Elias H. Peters Surrogate Be it remembered that at Surrogate's Court held at the village of Waterford in and for the County of Saratoga on the 27th day of September 1880 Rebecca Shires of the city of Troy in the County of Rensselaer the person named as executrix in a certain instrument in writing dated June 10th 1879 and purporting to be the Last Will and Testament of Harriet A. Shepard appeared and presented said will for probate and at the same time made satisfactory proof that the said Harriet A. Shepard died on the 21st day of September 1880 being at the same time an inhabitant of the said County of Saratoga and that she left her surviving the petitioner 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 25th day of October 1880 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 interests in the probate of said Will - That said special guardian accepted said appointment and appeared in person at the said time and place And now on this said 25th day of October 1880 at said hour and place the said petitioner and said special guardian having appeared in person 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 Hattie Kinnear 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 the subscribing witnesses to the Last Will and Testament of Harriet 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 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 has date on the 10th day of June in the year 1879, 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 restraint, to the knowledge or belief of these deponents. - C. A. Waldron - Hattie Kinnear - Subscribed and service this 25th day of October 1880 before me E. H. Peters Surrogate And it appearing from the proof so taken that said instrument was duly executed and that the said testatrix 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 & Testament of the said Harriet A. 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 words and figures following to wit - Will I Harriet Shepard of the town of Waterford in the County of Saratoga and State of New York, do hereby make, publish and declare my last Will and Testament as follows: First I give and devise unto my daughter Rebecca Shires the use during her natural life of the house and lot now owned by me and situate upon the South - Westerly corner of Pine and Sixth or Main Street in the town of Waterford and which was conveyed to me by Robert Barth and his wife and from and after her death I give, devise and bequeath the same to her children - Second - I give and devise unto my grand-daughter Ada Shepard the use during her natural life of the house and lot which was owned by my late husband John B. Shepard now deceased - situate in the town of Waterford aforesaid and adjoining the premises in the first item or clause hereof mentioned on the Southerly side thereof and which was devised to me in and by the last Will and Testament of my said deceased husband. And from and after the death of my said grand-daughter I give and devise said house and lot to her children if she shall have any otherwise to the heirs at law of my said deceased husband. Third - I give and bequeath unto my said daughter and grand-daughter all the rest and residue of my estate share and share alike - Lastly I hereby nominate, constitute and appoint my said daughter Rebecca Shires sole executrix thereof - In Witness Whereof I have hereunto set my hand and seal this 10th day of June 1879 - Harriet Shepard - L.S. The foregoing instrument was at the date thereof, signed published and declared by Harriet Shepard the testatrix therein named as for and to be her last Will and Testament in presence of us who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses - C. A.Waldron Waterford, N. Y. Hattie Kinnear 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 Harriet Shepard late of the town of Waterford in Saratoga County deceased - relating to real and personal estate together with the proof thereof - Recorded on the 25th day of October 1880 - EH Peters Surrogate Additional Comments: Rebecca (Mrs. George) Shires was the daughter of Harriet Shepard. Ada (aka Addie) was her granddaughter. She later married and became Addie Rebman.