Seneca County ,Seneca Falls, NY NyArchives Wills.....Durling, George V. October 25, 1884 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Alice Gershman quayle@earthlink.net May 5, 2007, 7:10 pm Source: Sampubco Written: October 25, 1884 Recorded: October 25, 1886 Will of George V. Durling Seneca Falls, Seneca Co., NY 1886 Vol P, pg 449 thru 452 Transcribed from SAMPUBCO copy by Alice Quayle Gershman SURROGATE’S COURT Last Will and Testament of George V. Durling, deceased Be it remembered that heretofore, to wit: on the sixth day of September in the year of our Lord one thousand eight hundred and eighty six, William A. Durling and Alvin Nicks, executors named in the Last Will and Testament of George V. Durling, late of Seneca Falls in the County of Seneca, deceased, appeared in open court, before the Surrogate of the County of Seneca, and made application to have the said Last Will and Testament, which relates to both Real and Personal Estate, proved; and on such application, the said Surrogate, and did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator and their respective residences, and said Surrogate did thereupon issue a citation in due form of law, directed to the respective names, stating their respective places of residence requiring them to appear before said Surrogate at his office in the Village of Seneca Falls in said county on the 25th day of October A.D. 1886, to attend the Probate of said will. And afterwards, to wit: on the 25th day of October A.D. 1886, satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law and on that day no one appearing to oppose the Probate of such will, such proceedings were thereupon had in said court afterwards that said Surrogate took the proofs of said Will, hereinafter set forth upon this 25th day of October 1886 and he thereupon adjudged the said Will, to be a valid will of Real and Personal estate, and the proofs thereof to be sufficient, which said Last Will and Testament, and proofs are as follows, that is to say: THE LAST AND TESTAMENT OF GEORGE V. DURLING of the village of Seneca Falls, New York, being of sound mind and memory aware of the uncertainty of life and the certainty of death and desirous of making an equitable and proper disposition of my property at my decease. I do make, ordain, publish and declare this to be my Last Will and Testament, in manner and form following just as to say: First I will give and bequeath to my wife Adeline Durling, the use, interest income, notes and profits of all my estate, the Real and Personal, for and during the period of her natural life. Second Whereas owing to me from Richard Booth, the husband of my daughter Mary J. Booth, a sum of money amounting to at least five hundred dollars which was extended by me for the benefit of him and his family in a business which he engaged in and which sum he may repay me in my estate --- it fair and just, to take such sum into consideration in making a decision of my property --- among my children and I do --- will and direct --- in case said sum of five hundred dollars is paid to my estate later by said Richard Booth and my daughter Mary J. Booth shall have an equal share with each of my other children in my profits and estate. But of the said sum of five hundred dollars shall not be repaid by either my said daughter & her husband to me in my estate which I will and direct that the sum of five hundred dollars shall be deducted from her one-fourth share of my estate given to my said daughter Mary J. Booth --- said five hundred dollars shall not be repaid. The --- my said daughter and her husband --- with all to be subject and controlled by the second clause of my will. Third Subject to the above will, ---equal one-fourth of my property and estate -- -I give, will and bequeath-for each of said children Viz: Mary J. Booth, Almira E. Wicks, William A. Durling and Walter C. Durling equal one-fourth of my property and estate for each of said children -------. Fourth I will and give to my Adeline hereinafter named ------absolute power and authority to lease, sell and convey dispose of any and all real estate--------- --(most of this, I could not read/aqg) Fifth The above premises made of my said wife Adeline Durling are intended to be and any --- and enjoyed of her dower interest in my real estate and of any share or interest---of my personal estate. Thence I make, constitute and appoint my son William A. Durling and my son-in- law Oliver C. Wicks to be witnesses’ to this my Last Will and Testament hereby revoking all former wills made. I thence whereof have hereunto subscribed my name and affixed my seal this 25th day of October in the year of our Lord one thousand eight hundred and eighty four. George V. Durling The foregoing instrument was at the date thereof first inscribed by George V. Durling ---- in the presence of us and each of us at the time of making such subscription, acknowledged that he executed the same and declared the said instrument so inscribed by him is his Last Will and Testament. I (we)---at his request and in his presence and in the presence of each other do hereby subscribe our names as witnesses hereto. Joseph A. Hammond, residing at Seneca Falls, NY Thomas Holbrook, residing at Seneca Falls, NY SURROGATE’S COURT In the matter of proving the Last Will and Testament of George V. Durling, deceased Seneca County, ss: Joseph A. Hammond and Thomas Holbrook being first duly sworn in open court upon their several corporeal oaths, each for himself, doth depose and say, that he is a subscribing witness to the Last Will and Testament of George V. Durling, late of the town of Seneca Falls in the County of Seneca and State of New York, deceased. And these deponents do further say that the said George V. Durling, deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instrument of writing, which is now here shown to these deponents and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 25th day of October one thousand eight hundred and eighty four. That the said deceased did, at he the time of subscribing his name to the said instrument; as aforesaid, declare the same to be his Last Will and Testament and these deponents did, thereupon subscribe their own respective names at the end of said instrument as attesting witnesses to the execution thereof, each 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 so subscribing his name to said instrument as aforesaid and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and deponents believe, he was of sound mind, memory and understanding, and not under any restraint, and, as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to the said instrument in the presence of the said deceased. Deponent Hammond says that he ---said will and read the same to testator who approved it before its execution as aforesaid. That said will hast ---to the custody of deponent until presented for probate, and is in all respects as where so executed. Joseph A. Hammond and Thomas Holbrook Subscribed to me and before me this 25th day of October 1886 Peter H. Van Auken, Surrogate At a Surrogate’s Court held at the Surrogate’s Office in Seneca Falls in and for the County of Seneca on the 20th day of October 1886. Peter H. Van Auken In the matter of Proving the Will of George V. Durling, deceased Satisfactory proof by affidavit having been made and filed of the due service of the citation heretofore issued in this matter, requiring the main heirs at law and next of kin to appear in this Court, on the 20th day of October A.D. 1886 at 10 o’clock in the forenoon to attend the Probate of the Last Will and Testament of George V. Durling, late of the town of Seneca Falls in the County of Seneca and State of New York, deceased, bearing date the 26th October 1886; and William A. Durling , the executor named in said Will, the petitioner herein, having appeared in person and both petitioners having appeared, Ole McDonald, attorney in support of the proof of the same: and witnesses having been examined, and proofs taken, and the said Surrogate having heard the proofs and allegations of the parties, and mature deliberation being had thereon, the Probate of said Will not having been contested. It is Adjudged and Decreed; that said instrument in writing purporting to be the last Will and Testament of the said George V. Durling, deceased, at the time of executing the same, was in all respects competent to make a last Will and Testament, and to devise real estate, and was not under any restraint or undue influence. And this Court doth further ORDER AND DECREE that the said last Will and Testament, and the proofs and examinations taken in respect to the same, be recorded, and that the said instrument be admitted to probate, and that the same be and hereby is established as a Will valid to pass Real and Personal estate. Peter H. Van Auken, Surrogate Seneca County, ss: It appearing upon the proofs duly taken in respect to the LAST WILL AND TESTAMENT of George V. Durling, late of the Town of Seneca Falls in the County of Seneca and State of New York, deceased, that the said Will was duly executed, and that the said George V. Durling, deceased, at the time he executed the same was in all respects competent to devise real estate, and not under restraint, the said Last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, this 25th day of October 1886. Peter H. Van Auken, Surrogate Additional Comments: There were a number of words I could not make out. 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