Seneca County ,Seneca Falls, NY NyArchives Wills.....Durling, Mary M. June 9, 1896 ************************************************ 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 July 29, 2007, 2:09 pm Source: Sampubco Written: June 9, 1896 Recorded: September 7, 1896 SURROGATE’S COURT In Waterloo, Seneca Co., NY Vol T, ppgs 223-226 Transcribed from Sampubco copy by Alice Quayle Gershman Seneca Co, NY Last Will and Testament of Mary M. Durling, deceased, wife of Peter Durling (b. 1837), son of John S. Durling. ppgs 223-226 Be it Remembered, that heretofore, to-wit: on the 14th day of August in the year of our Lord one thousand eight hundred and ninety six, Gilbert Wilcoxen, Executor named in the Last Will and Testament of Mary M. Durling late of the Town 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 did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said Testator and their respective residences, and the said Surrogate did thereupon issue a citation in due form of law, directed to the heirs at law and next of kin of said deceased and said persons, by their respective names, requiring them to appear before said Surrogate at his office in the Village of Waterloo in said County, on the 7th day of September A.D. 1896 to attend the Probate of said Will. And afterwards to-wit: on the 7th day of September A.D. 1896, satisfactory evidence was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law. And it appearing to the satisfaction of said Surrogate that Jesse R. Durling and Freddie B. Durling, heirs at law, and next of kin of said deceased are infants and not appearing by a general Guardian and Clarence A. MacDonald of the Village of Seneca Falls, N.Y., having thereto consented in writing; which consent is duly filed in said Surrogate’s office. Whereupon said Surrogate did, by an order duly made, entered and appointed said Clarence A. MacDonald, aforesaid Special Guardian for said infants for the sole purpose of appearing for them and taking care of their interests in the matter and the said Clarence A. MacDonald did thereupon duly appear herein as such Special Guardian on behalf of said infants before any evidence was taken by said Surrogate respecting said Will. And no one appearing to oppose the Probate of such Will, such proceedings were thereupon had at said court afterwards that said Surrogate took the proofs of said Will, hereafter set forth, upon the 7th day of September 1896 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: I, Mary M. Durling of Seneca Falls, Seneca County and State of New York, being of sound mind, memory and understanding do hereby make, ordain, publish, and declare this my Last Will and Testament in manner following, that is to say: First: I give and bequeath to my son, R.J. Durling, my bedroom set of furniture, bookcase and the living chair. Second: I give and bequeath to my daughter Etta May Milvy, my china cabinet with the contents thereof, excepting one china cup and saucer. Third: After the death of my husband, Peter Durling, I give and bequeath all the rest and remainder of my household goods and effects to my two youngest children: Jesse R. Durling and Freddie B. Durling, to be equally divided between them, share and share alike. Fourth: I give and bequeath and devise to my husband, Peter Durling, the use, occupation and possession of my farm of about fifty acres in the Town of Seneca Falls and the use of all my other personal property for and during the term of his natural life. Fifth: After the death of my husband Peter Durling, I give and bequeath and devise all my estate, Personal and Real, to my five children: R.J. (Reuben John) Durling, Louie B. Durling, Etta May (Emma May) Milvy, Jesse R. Durling and Freddie B. Durling, to be divided equally between them, share and share alike. Except, I will and direct that the sum of two hundred and fifty dollars shall be taken from the share of my son Louie B. Durling, I having already advanced that amount to him. Sixth: I will and direct that my husband, Peter Durling, shall properly care for and keep in good repair the farm hereunto fore mentioned and in case my said husband shall again marry, then in that case, his interest in my said estate shall thereupon cease and the same shall be distributed to my children hereunto before, given to them. And I further will and direct that in case my husband shall fail to properly care for and manage the farm hereunto before mentioned: Thus in that case, I direct that some one of my sons who shall be the most capable in the discretion of my Executor herein after named, shall have the possession and use of my said farm, furnishing a house, boarding and caring for my husband for and during the term of his lifetime. I further will and direct that any interest that shall be paid by my son R.J. Durling on any mortgage, this may be on my real estate, be repaid to him out of my estate. In case of the death of my said husband before my children shall arrive at the full age of twenty one years, Then I direct that the share going to any such minor child shall be held by my Executor till such child shall become of age and then with accumulation on such share shall be paid to him. After the death of my husband Peter Durling, I authorize, will and empower my Executor to sell and convey my real estate of which I authorize upon the written request of any three of my said children. Lastly: I hereby nominate, constitute and appoint my friend Gilbert Wilcoxen of Seneca Falls Executor of this my Last Will and Testament and I hereby invoke any former will by me at any place made. I am witness whereof I have hereunto set my hand and affixed my seal this ninth day of June in the year one thousand eight hundred and ninty six. Mary M. Durling The foregoing instrument consisting of these facts was on the day of the date thereof. Signed, sealed, published and declared by Mrs. Mary M. Durling as and for her last Will and Testament and we hereupon at her request and in her presence and in the presence of each other have hereunto signed our respective names as attesting witnesses to the execution thereof and written opposite our named our respective places of residences. George Pontius of Seneca Falls, New York Frederick G. Wilcoxen of Seneca Falls, New York SURROGATE’S COURT In the matter of proving the Last Will and Testament of Mary M. Durling, deceased. Seneca County, ss: George W. Pontius and Frederick G. Wilcoxen being first duly sworn in open Court upon their several corporeal oaths, each for himself,doth depose and say, that they are subscribing witnesses to the Last Will and Testament of Mary M. Durling, writing, 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 deceased did, in the presence of each of these deponents, subscribe her name at the end of the instrument in writing, which is now here shown to these deponents, and which purports to be the Last Will and Testament of the deceased and which bears date on the ninth day of June one thousand eight hundred and ninety six. That the said deceased did, at the time of subscribing her name to the said instrument as aforesaid, declare the same to be her Last Will and Testament, 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 her presence and in the presence of each other. That the said deceased, at the time of so subscribing her name to the 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 she appeared to be, and deponents believe she 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 the other’s name to the said instrument in the presence of the said deceased. George W. Pontius Frederick G. Wilcoxen Subscribed and sworn to before me this 7th day of September, 1896 Hon. John E. Richardson, Surrogate At a Surrogate’s Court, held at the surogate’s office in Waterloo in and for the County of Seneca, on the 7th day of September 1896. Present, Hon. John E. Richardson In the matter of proving the will of Mary M. Durling, deceased. Satisfactory proof having been made and filed of the due service of the citation heretofore issued in this matter, requiring the heirs at law and next of kin to appear in this Court on the 7th day of September A.D. 1896 at 10 o’clock in the forenoon to attend the Probate of the Last Will and Testament of Mary M. Durling, late of the Town of Seneca Falls, in the County of Seneca and State of New York, deceased, bearing date the 9th of June 1896 and Gilbert Wilcoxen, the executor named in said Will, the petitioner herein, having appeared in person and by George W. Pontius, his 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 Mary M. Durling, deceased, was properly executed, that the same is genuine and valid, and that the said Mary M. 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. John E. Richardson, Surrogate SENECA COUNTY,ss: It appearing upon the proofs duly taken in respect to the Last Will and Testament of Mary M. 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 Mary M. Durling deceased, at the time she 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 7th day of September 1896. John E. Richardson, Surrogate File at: http://files.usgwarchives.org/ny/seneca/wills/durling678gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.6 Kb