WILL: John Jack; Thurston, Steuben co., NY surname: Jack submitted by Bernie Schwindt (schwindt at ndsupernet.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 13,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.1 Kb ************************************************ Source: Sampubco.com Steuben co NY Will Book Vol. 7 page 425 Written: July 15, 1859 Recorded: June 4, 1860 Transcribed from SAMPUBCO by Bernie Schwindt In the name of God, amen. I John Jack of the town of Thurston in the county of Stueben and state of New York of the age of sixty four years and being of sound mind and memory do make and publish and declare this my last will and testament in the manner following, that is to say-- FIRST; I give and bequeath to my wife Catharine Jack the sum of twenty five dollars to my son William W. Jack the sum of five dollars to my son James H. Jack a bureau now in his p9ssession to my son George W. Jack the sum of five dollars and to my son John M. Jack sum of five dollars which said several legacies or sums of money I direct to be paid to the said respective legatees within one year after my decease. SECOND; I give and bequeath to my natural brother James Jack all the rest residue and remainder of my personal estate, goods and chattels of what nature or kind soever. LASTLY; I hereby order and direct that my said brother James Jack place in the hands of H. P. Clark whom I hereby appoint sole executor of this my last will and testament two of the watches of the value of $18.00 and $24.00 respectively and a rifle now in his possession for the purpose of paying those legacies above named to my wife Catharine Jack and to my sons; John, James, George, William and Emory and I hereby revoke all former wills by me made. In wittness whereof I have hereunto set my hand and seal this fifteenth day of July one thousand eight hundred and fifty nine. John Jack (L.S) The foregoing instrument consisting of one sheet of paper was at the date thereof signed sealed published and declared by the said John Jack as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as wittnesses thereto Charles H. Martin residing at Thurston in Steuben county Christian Minier residing at Thurston in Steuben county The foregoing, being the last will and testament of John Jack deceased and relating to personal estate, together with the proofs of the execution therof taken before me, was recorded and is hereby signed and certified by me this fourth day of June one thyusand eight hundred aned sixty. W. Barnes Surrogate SURROGATE'S COURT In the matter of the last will and testament of JOHN JACK---deceased on the 16 day of April 1860 Hatsell P. Clark an executor named in a certain instrument, in writting purporting to be the last Will and Testament of John Jack, late of Thurston in said county, deceased applied in this court to have the said instrument, which relates to personal estate proved as the last Will and Testament of the said deceased: and thereupon the Surrogate of said county did ascertain, by satisfactory evidence, the facts required by law: and did issue a citation in due form of law, directed by the proper person, by their respective names, and stating their places of residenc requiring thyem to appear before him at the Surrogates Office in the town of Bath in said county, on the fourth day of June 1860, to attend the probate of the said instrument. And afterwards, to wit, on the day and at the place last aforesaid, due proof by affidavit was produced and filed in said court of the service of the said citation, in the mode prescribe by law; and the said applicant appeared in person, and no other parties or persons appearing, such proceedings were thereupon afterwards had, on the said fourth day of June that the said Surrogate took the proof in support of the said insturment, as follows: Steuben county, SS Charles H. Martin and Christian Minier of Thurston in said county witnesses produced in this matter, being duly sworn and examined before me Surrogate of said county, depose and say that they were acquainted with John Jack of Thurston in said county, now deceased, and that they are subscribing wittnesses to the last Will and Testament of said deceased. And deponents further say that the said testator did, in the presence of these deponents subscribe his name at the end of the instrument which is now here exhibited to deponents, and which purports to be the last Will and Testamehnt of the said John Jack and which bears date on the fifteenth day of July in the year of our Lord one thousand eight hundred and fifty nine and deponents further say that the said testator did, at the time of subscribing his name as aforesaid, at the end of said Will, declare the same to be his Last Will and Testament; and deponents did thereupon subscribe their names at the end of said will, as attesting witnesses thereto, in the presence and at the requst of said testator. And deponents further say that at the time of the said testator subscribed his name to the last Will as aforesaid, and at the time of these deponents subscribing their names as attesting witnesses thereto, said testator was of sound mind and memory, of full age to execute a Will, and not under any restraint. And that said Will now appears in all respects as when so executed, without any alteration whatsoever. Subscribed and sworn this 4 day of June 1860 W. Barnes, Surrogate Charles H. Martin Christian Minier The foregoing Proofs and Examinations were taken before the Surrogate aforesaid, on the fourth day of June 1860, and deposition of the respective witnesses were by them severally subscribed, after having been carefully read over to them. And the said Surrogate being satisfied upon the proof taken, that the Will is genuine and valid, aned was dully executed; and that the said testator, at the time of executing the same was in all respects competent to devise real estate, and not under restraint, doth therefore allow the said Will, proofs and examinations to be recorded. Witness: Washington Barnes, Esquire, Surrogate of the county of Steuben at Bath in said county, the fourth day of June 1860 W. Barnes Surrogate