WILL: David C. Garrison; Saratoga co., NY 
surname: Garrison, Cole, Wheeler, Williams, Jones, Davis

submitted by Laura Cole (lauriejocole @ netzero.net) 
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Submitted Date: September 9, 2004
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Source: Sampubco
Saratoga co NY Will Book Vol. 33 page 55
Written: August 4 1884
Recorded: September 15 1891

The Last Will and Testament of David C. Garrison late of the Town of Milton in
the County of Saratoga, deceased, relating to both real and personal estate. 
Recorded on the 15th day of September 1891.

At a Surrogate's Court held in and for the County of Saratoga at the
Surrogate's office in the village of Saratoga Springs on the 15th day of 
September 1891.
                         Present Elias H. Peters   Surrogate

Be it remembered that at a Surrogate's Court held in and for the County of
Saratoga at the village of Saratoga Springs on the 18th day of July 1891   
Charles F. Cole and Charles H. Garrison of the Town of Milton in the County of 
Saratoga aforesaid, the persons named as executors in a certain instrument in 
writing purporting to be the last Will and Testament of David C. Garrison, 
bearing date August 4th 1884 duly appeared and presented said Will for
probate, and at the time made satisfactory proof that the said David C.
Garrison died on the 18th day of April 1891 being at the time an inhabitant of
said County of Saratoga, and that he left him surviving George W. Garrison,
Charles H. Garrison, Sarah J. Williams, Harriet C. Davis, Chloe M. Jones,
Laura G. Cole, L. Anna Cole and David Garrison who are all and the only
heirs-at-law and next of kin of said deceased   part of whom   Charles H.
Garrison, Sarah J. Williams, Harriet C. Davis, Chloe M. Jones, Laura G. Cole
and David Garrison waived in writing the issuance and service of any citation
and consented that said Will be admitted to probate.  Whereupon a citation was
issued to the remaining George W. Garrison and L. Anna Cole heirs-at-law and
next of kin   citing them to appear before our said Surrogate at his office in
the village of Ballston Spa in the County of Saratoga aforesaid on the 8th day
of September 1891 at 10 o'clock A.M. to attend the proof and probate of said
Will.
     
At which time and place the petitioners again appeared and asked that further
proceedings herein be adjourned to the 15th day of September 1891 at the 
village of Saratoga Springs at 10 o'clock A.M. 

At which time and place the petitioners again appeared and returned said
citation with proof of the due and legal service of the same upon all to whom 
directed, and prescribed said Will for probate.  And thereupon, no one
opposing, said Will was shown to the attesting witnesses thereto, and proof
was taken as follows:

Saratoga County S.S.     Hannibal H. Smith of the Town of Milton in the County
of Saratoga seeing first duly sworn in the open Court, on his oath, does
depose and say, that he and one William Brown are subscribing witnesses to the 
last Will and Testament of David C. Garrison late of the Town of Milton in the 
County of Saratoga, aforesaid, deceased.  And this deponent further says that
the said deceased did, in the presence of this deponent and said William Brown 
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 has date in the Fourth day of August in the year 1884,
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 said William Brown 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 this deponent.  That the said William
Brown is dead.
                         Hannibal H. Smith
Subscribed and sworn this 15th day of September 1891 before me
                         E.H. Peters   Surrogate

And it appearing from the proof so taken that said instrument was duly
executed, and that said testator at the time of executing the same was in all 
respects competent to devise real estate, and was not under restraint and one 
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 the Will and 
Testament of the said David C. Garrison, deceased, valid to pass both real and 
personal estate.  And it is further ordered that said Will be recorded with
the proof thereof, which proof is hereinbefore recorded, and said Will is in
the words and figures following, to wit:

                         Will

I, David C. Garrison of Ballston, County of Saratoga, State of New York being
of sound mind and memory, do make, ordain, publish and declare this to be my
last Will and Testament, that is to say:

First   After all my lawful debts are paid and discharged, I give, devise 
and bequeath to my daughter Sarah wife of Charles H. Williams four hundred 
dollars.  And to my daughter Harriet wife of Isaac Davis four hundred dollars. 

Said Williams now residing in Tioga County Town of Wellsboro Pennsylvania
State and said Isaac Davis residing in Oil City Pennsylvania State and to my
daughter Chloe M. wife of Ebenezer Jones five hundred dollars.   Said Jones
residing in Ballston County of Saratoga and State of New York.  And to my
daughter Laura wife of Charles F. Cole four hundred dollars, said Cole
residing in Ballston, County of Saratoga and State of New York.  And to my
daughter Lodusca Ann wife of Joseph Cole, and my grand-daughter Limma wife of
Geo. Wheeler daughter of Lodusca Cole one note given by Joseph H. Cole for six
hundred and seventeen dollars and interest that may be due at time of payment. 
Said Joseph Cole residing in Milton, Saratoga County and State of New York. 
And to Julia daughter of David H. Garrison one hundred dollars, said Julia now
residing in Blue Earth City Minn. 

And to Ella C. daughter of Charles H. Garrison one hundred dollars.  Said Ella
C. now residing in Milton, Saratoga County, State of New York.  And to Anna B. 
daughter of David H. Garrison one hundred dollars.  Said Anna now residing at 
Blue Earth City, Minn.  And to David C. son of Charles Garrison one hundred 
dollars said David C. now residing in Milton, Saratoga County New York.  And
the residue after the above bequests are paid if any over be equally divided
between my five daughters sig: Sarah, Harriet, Chloe, Laura and Lodusca.

Likewise, I make, constitute and appoint my son Charles H. Garrison and
Charles F. Cole my son-in-law to be executors of this my last Will and
Testament, hereby revoking all former Wills by me made.

In Witness Whereof I have hereunto subscribed my name and affixed my seal 
the 4th day of August in the year of our Lord 1884.
                         David C. Garrison L.L.

The above instrument consisting of one sheet, was at the date thereof 
subscribed by David C. Garrison in the presence of us and each of us: he at
the time of making such subscription, acknowledged that he made the same and
declared the said instrument so subscribed by him, to be his last Will and
Testament.  

Whereupon we these and there, at his request, and in his presence & the
presence of each other, subscribed our names as witnesses thereto.
          William Brown       residing at Ballston Spa N.Y.
          Hannibal H. Smith        residing at Ballston Spa N.Y.

Saratoga County S.S. I Elias H. Peters, Surrogate of the County of Saratoga do
hereby certify the foregoing to be a correct record of the last Will and
Testament of David C. Garrison, late of the town of Milton, deceased, relating
to both real and personal estate together with one proof thereof.  
Recorded on the 15th day of September 1891.
                         E. H. Peters
                         Surrogate