WILL: George Fitzsimmons; Waterford, Saratoga co., NY surname: Fitzsimmons, O'connor, Ormsby, Singleton, Morison submitted by William Lester (wlester2978 at charter.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: October 1,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.1 Kb ************************************************ Source: sampubco.com Saratoga County Wills Book 34 Page 275 Written: December 20, 1893 Recorded: July 25, 1894 The last Will and testament of George Fitzsimmons late of the Town of Waterford in the County of Saratoga, deceased; relating to both real and personal estate-admitted to probate July 25, 1894. At a Surrogate Court held in and for the County of Saratoga at the Surrogate's office in the Village of Waterford July 25 1894. Present: Elias H. Peters, Surrogate Be it remembered that at a Surrogate Court held in and for the County of Saratoga at the Village of Saratoga Springs on the 15th day of June 1894. Elizabeth Fitzsimmons of the Village of Sandy Hill Washington County, New York, a person named as executrix in a certain instrument in writing purporting to be the last Will and Testament of George Fitzsimmons dated December 20, 1893, duly appeared and presented said Will for probate and at the same time made satisfactory proof that the said George Fitzsimmons died May 26, 1894. being at the time an inhabitant of the said County of Saratoga and that he left him surviving the petitioner. the following, his widow. only heirs-at-law and next of kin. all persons in being who would take an interest in any portion of his real or personal property under the provisions of said Will or otherwise and the executors and trustees named therein-viz: Elizabeth Fitzsimmons-Henry A. Fitzsimmons -Charles Fitzsimmons-Nellie Fitzsimmons-and Margaret F. O'Connor-thereupon a citation was issued to them, citing them to appear before our said Surrogate at his Office in the Village of Waterford, in the County aforesaid July 25th 1894 to attend the proof and probate of said Will- At which time and place the petitioner again appeared & returned said citation with proof of the due and legal service of the same upon all to whom directed and presented said ill for probate, which, noone opposing, was shown to the attesting interests thereto, and proof thereof was taken as follows: Saratoga County. S.S. Charles C. Ormsby and John Singleton of the Town of Waterford, 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 George Fitzsimmons late of the Town of Warerford, 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 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 20th day of December in the year 1893, 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 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 upward of twenty-one years of age: that he appeared to be of sound mind and memory, and not under restraint, to the knowledge of these deponents--C. C. Ormsby -- John Singleton Subscribed and sworn this 25th day of July 1894, before me E. H. Peters-- Surrogate And it appearing from the proof as 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 our 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 said instrument is and it hereby is admitted to probate as and for the last Will and Testament of said 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 as follows: to wit: WILL The last Will and Testament of George Fitzsimmons of Waterford Saratoga County, New York-- I George Fitzsimmons, do make, publish and declare this to be my last Will and Testament, as follows: FIRST-I direct payment of my just debts and funeral expenses- SECOND-I give, devise and bequeath unto my wife Elizabeth Fitzsimmons the use for life of all my property of every description- THIRD-I give, devise and bequeath, all the rest, residue & remainder of my property, real and personal, of every kind and nature and wheresoever situate unto my two daughters Nellie wife of Edward P. Morison of Sandy Hill, N. Y., and Margaret, wife of Thomas O'Connor, of Waterford, N. Y., to be divided equally between them share & share alike- LASTLY-I nominate and appoint said Thomas O,Connor, executor of this my last Will and Testament (or in case of his death or inability to act, then my said daughter Margaret to act as executrix in his stead) hereby revoking all former Wills by me made and giving and granting unto my said executor full power of sale of said property and to settle or compromise in his (or her) discretion all claims for or against my estate. In Witness Whereof, I have have hereunto set my hand and seal this 20th day of December 1893-- George Fitzsimmons -- L. L. The foregoing instrument was at the date thereof subscribed by the said George Fitzsimmons in our presence and he at the same time declared the same to be his last Will and Testament and requested us to sign our names as witnesses, which we do in his presence- C. C. Ormsby residing at Waterford--N. Y. John Singleton " " " " " Saratoga County- S. S. I, Elias H. Peters, Surrogate of said County do hereby certify the foregoing to be a court record of the last Will and Testament of George Fitzsimmons aforesaid, deceased, relating to both real and personal estate, together with the proof thereof. Recorded July 25th 1894- Surrogate