WILL: Chauncey Devoe; Halfmoon, Saratoga co., NY
surname: Devoe

submitted by Teresa Matuszyk (tmatuszy@nycap.rr.com)

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Chauncey Devoe 
Town of Halfmoon, Saratoga County 
WillBook Vol. 36 page 478

Transcribed from SAMPUBCO copy

The last Will and Testament of Chauncey Devoe, late of the town of Halfmoon,
in the County of Saratoga, deceased relating to both real and personal estate.
Admitted to probate March 9, 1903

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 9th day of March
1903.

Present: Hon: Charles C. Lester, 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 10th day of January, 1903,
Calphurna A. Devoe of the town of Stillwater in the County of Saratoga, a
person named as Executrix in a certain instrument in writing purporting to be
the last Will and Testament of Chauncey Devoe dated the 10th day of June, 1897
appeared and presented her petition by which it appears among other things
that the said petitioner heretofore presented aid Will for probate at the
Surrogate's Court and the same was admitted to probate as a will of real
and personal estate by said Surrogate and Letters Testamentary were thereupon
granted to said petitioner; that since the same were as aforesaid to issued to
the said petitioner she has that the said Chauncey Devoe left other heirs at
law and next of kin, or persons entitled to be cited upon the probate of said
Will, besides those named in the petition previously filed by her and in
pursuance of which the decree admitting said Will to probate was granted, to
with: Florence Devoe a nephew (sic) of said deceased, an infant under the age
of twenty one years who resides with her grandmother Hannah B. Devoe at
Franklin Pennsylvania, and Judson Devoe, a nephew of said deceased who resides
at Baltimore, Maryland, neither of whom were cited to attend the probate of
said Will.

Thereupon a Citation was issued citing them to appear before our said
Surrogate at this office in the village of Saratoga Springs, in said county
aforesaid, on the 28th day of February, 1903 to attend the proof and probate
of said Will at which time and place the petitioner again appeared and
returned said Citation with proof of the due and legal service thereof upon
all to whom directed. And it appearing to the Surrogate that the said Florence
Devoe was an infant and had no General or Testamentary Guardian, Charles H.
Sturges was appointed her Special Guardian for the sole purpose of taking care
of her interests in the probate of said Will and said Special Guardian
accepted said appointment and appeared in person at said time and
place. And thereupon no one opposing the said Will was shown to the attesting
witnesses thereto and proof was taken as follows:

In the Matter of Proving the Last Will and Testament of Chauncey Devoe,
deceased, Saratoga County, ss:

Orville A. Clark of the Village of Queensbury, Warren Co., and Cornelius V.
Shaw of the town of Saratoga in the County of Saratoga being duly sworn in
open court on their oaths do depose and say, that they are subscribing
witnesses to the last Will and Testament of Chauncey Devoe late of the town of
Halfmoon 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 to 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 tenth day of June 1897 the year One thousand Eight
Hundred and Ninety seven; that the 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 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 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. Subscribed and sworn this 9th day of March, 1903
before me

Orville A. Clark
Cornelius V. Shaw

George O. Tuck, 
Clerk Surrogate's Court

And it appearing from the proof so taken that the said instrument was duly
executed and that the 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 be and the same is hereby admitted to probate as and for the last
will and Testament of the said deceased, valid to pass real and personal
estate, and it is further ORDERED, that the said Will be recorded with the
proof thereof, which proof is hereinbefore recorded, and said will is as
follows, to wit:

Will
In the name of God, Amen

I, Chauncey Devoe of the town of Halfmoon in the town of Halfmoon in the
County of Saratoga and State of New York, being of sound mind and memory, do
make, publish and declare this my last Will and Testament, in manner
following, that is to say:

First, I direct that all my just debt and funeral expenses be paid.

Second, I give and bequeath and devise all my estates both real and personal
of every name and nature and wheresoever situate to my beloved wife Calphurna
Devoe.

Lastly, I hereby appoint my beloved wife Calphurna Devoe executrix of this my
last Will and Testament; hereby revoking all former wills by me made.

In witness whereof I have hereunto subscribed my name the tenth day of June in
the year of our Lord One Thousand eight hundred and ninety-seven.

Chauncey Devoe. Seal.

We whose names are hereto subscribed DO certify, that Chauncey Devoe the
testator, subscribed his name to this instrument in our presence and in the
presence of each of us and at the same time in our presence and hearing,
declared the same to be his last Will and Testament, and requested us and each
of us to sign our names thereto as witnesses to the execution thereof, which
we hereby do in the presence of the testator and of each other, on the say of
the date of the said Will, and write opposite our names and respective places
of residence.

Cornelius V. Shaw residing at Schuylerville NY
Orville A. Clark residing at Schuylerville NY

Saratoga County, ss:
I, George O. Tuck, Clerk of the Surrogate's Court in and for said County do
hereby certify the foregoing to be a true and correct record of the last Will
and Testament of Chauncey Devoe, aforesaid, deceased, relating to both real
and personal estate; together with the proofs thereof.

George O. Tuck
Clerk, Surrogates Court

Recorded March 9, 1903