WILL: Lewis Devoe; Saratoga, Saratoga co., NY
surname: Devoe

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

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Lewis Devoe
Town of Saratoga, Saratoga County
38-505
Transcribed from SAMPUBCO copy

The Last Will and Testament of Lewis Devoe late of the town of Saratoga, in
the County of Saratoga, deceased, relating to both real and personal estate,
admitted to probate April 26, 1901.

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 26th day of
April, 1901:

Present:-Hon. 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 5th day of April, 1901,
Burton Devoe of the Town of Saratoga, in the County of Saratoga, a person
named as Executor in a certain instrument in writing purporting to be the Last
Will and Testament of Lewis Devoe dated January 4, 1901, duly appeared and
presented said Will for probate and at the same time made satisfactory proof
that the said Lewis Devoe died January 26, 1901, being at the time an
inhabitant of said County of Saratoga, and that he left him surviving the
following his widow and his only heirs-at-law and next of kin, viz: Julia
Devoe, his widow, and the petitioner and Blanche Devoe.

Thereupon, a Citation was issued citing them to appear before our said
Surrogate, at his office in the Village of Saratoga Springs, in the County
aforesaid, on the 26th day of April, 1901 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 of the same upon all to
whom it was directed. And it appearing to said Surrogate that Blanche Devoe
was an infant and had no testamentary or general guardian, Charles J. Dolittle
was duly appointed her Special Guardian for the sole purpose of taking care of
her interest 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, said Will was shown to the attesting witnesses thereto, and
proof was taken as follows:

Saratoga County, ss: William S. Ostrander and Alfred Hammond 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 Lewis Devoe, late of the Town of Saratoga, 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 4th day of January in the year One Thousand, Nine Hundred
and One. That the said deceased did, at the time of subscribing his name to
that 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 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 deponents.

Subscribed and sworn this 26th day of April, 1901, before me

Wm. S. Ostrander
Alfred Hammond

E. H. Peters, Surrogate

And it appearing from the proof so taken that said instrument was duly
executed and that the 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 said
instrument be and is hereby admitted to probate as and for the Last Will and
Testament of the 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: 

In the Name of God, Amen
I, Lewis Devoe, of the town of county of Saratoga and State of New York, being
of sound and disposing mind and memory but mindful of the uncertainty of life,
do make, publish and declare this to be my last Will and Testament in manner
following:

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

Second, I give, devise, and bequeath unto my wife, Julia Devoe all my estate
real and personal during her natural life, but my son, Burton Devoe if he so
desires have a home with her. 

Third, After the death of my said wife I give devise and bequeath all my
estate real and personal to my said son, Burton Devoe, in fee and absolutely.
Fourth, I hereby nominate and appoint my said son Burton Devoe executor of
this my last Will and Testament, hereby revoking all former and other Wills by
me made.

In witness whereof, I have hereunto set my hand and seal this fourth day of
January, AD 1901.
Lewis Devoe LS

Witnesses:
William S. Ostrander 
Alfred Hammond

On the day of the date of the foregoing instrument Lewis Devoe, the testator
therein named, signed the same at the end thereof in the presence of each of
us and at the same time declared the same to be his last Will and Testament
and we thereupon at this request and in his presence and in the presence of
each other, have signed our names as witnesses thereto.

William S. Ostrander, residing at Schuylerville, NY
Alfred Hammond, residing at Schuylerville, NY

Saratoga County, ss:
I, Julia Avery Peters, Clerk of the Surrogate's Court of said County, do
hereby certify the foregoing to be a correct record of the Last Will and
Testament of Lewis Devoe aforesaid, deceases, relating to both real and
personal estate, together with the proof thereof.
Recorded: April 26, 1901

Julia Avery Peters
Clerk, Surrogate's Court