WILL: Martin Devoe; Halfmoon, Saratoga co., NY
surname: Devoe, Swatling

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

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Martin Devoe
Town of Halfmoon, Saratoga County
Will Book vol. 43 page 593

Transcribed from SAMPUBCO copy

At a Surrogate's Court, held in and for the County of Saratoga, at the
Chambers of the Surrogate's Court, in the Village of Saratoga Springs, on the
22nd day of September 1913.  Present: Hon. Wm. S. Ostrander, Surrogate.

Be it remembered, that a Surrogate's Court held in and for the County of
Saratoga, at the Village of Saratoga Springs, on the Twenty-second day of
September, 1913, Charles M. Devoe of the town of Halfmoon, in the county of
Saratoga, the person named as Executor in a certain instrument in writing
purporting to be the Last Will and Testament of Martin Devoe dated January 24,
1911, duly appeared and presented to the Court a written petition, duly
verified, describing the Will, setting forth the facts upon which the
jurisdiction of said Court to grand Probate thereof depends and praying that
the Will might be proved and that the persons required by law might be cited
to attend the Probate thereof:

And thereupon waiver of the issue and service of any citation herein and
consenting that said will be admitted to probate, were duly made and filed by
Jesse W. Devoe and Lillie M. Swatling, the only persons required by law to be
cited. And thereupon, on one opposing, the Surrogate caused the witnesses to
said will to be examined before him and the proofs to be reduced to writing,
which proofs were as follows:

Saratoga County, ss:
William H. Knight and David F. Smith of the town of Halfmoon, in the County of
Saratoga, New York being duly sworn on their oath, do depose and say that they
are subscribing witnesses to the Last Will and Testament of Martin Devoe late
of the town of Halfmoon in the County of Saratoga, aforesaid, deceased. And
these deponents, and which purports to be the Last Will and Testament of the
said deceased, and which bears date on the 24th day of January in the year One
Thousand Nine Hundred and eleven 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, the deponent did thereupon subscribe their own
names at the end of the 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 these deponents. 

David F. Smith
William H. Knight

Subscribed and sworn this 22nd day of September, 1913, before me
George O. Tuck, Clerk, Surrogate's Court

And it now 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 make a will and was not under restrain; and our said
Surrogate having inquired particularly into all the facts and circumstances,
and being satisfied of the genuineness of the will and the validity of its
execution, and no objection being made thereto. It is ordered, adjudged, and
decreed, that said instrument be and it is hereby admitted to probate as and
for the Last Will and Testament of the said deceased valid to pass both real
and personal property and that Letters Testamentary be issued to the Executor
named in said will upon his qualifying as provided by law.

And it is further ordered, that said Will be recorded with the foregoing proof
thereof, which said Will is as follows, to wit:

IN THE NAME OF GOD, AMEN: I, Martin Devoe of the town of Halfmoon, County of
Saratoga, and 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, first, I bequeath all of my real estate which consist of a house and
lot in the Village of Crescent, in the above Town and County and state the
valuation two hundred to Charles M. Devoe.

Secondly, my bank account which is Two thousand three hundred and sixty six
dollars to date to be divided in the following manner, first to my son Charles
M. Devoe, Eight hundred and one dollars, to my son Jesse W. Devoe one dollar,
thirdly to my daughter Lillie M. Swatling Five Hundred Dollars after the above
division is made then all that which remains my household goods included the
valuation which is Five Dollars to be divided equal between my son Charles M.
Devoe and my son Jesse W. Devoe share and share alike.

Likewise, I make, constitute and appoint Charles M. Devoe to be my Executor 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
24th day of January in the year one thousand nine hundred and eleven. 
Martin Devoe (L.S.)

The above instrument, consisting of one sheet was at the date thereof,
subscribed by Martin Devoe 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 then and there at his request and in the presence and
the presence of each other subscribed our names as witnesses thereto.
William H. Knight, residing at Crescent, NY
David F. Smith, residing at Crescent, NY
Wm. S. Ostrander, Surrogate

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