WILL: Hubbard Simons; Morristown, St. Lawrence co., NY
surname: Simons, Dillenbeck

submitted by Linnea K. Ista (genenae @ spinn.net)
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Record of the Last Will and Testament of Hubbard Simons late of Morristown
with the Transcribed from SAMPUBCO copy by Linnea K Ista
St Lawrence County, New York, Will Book Volume 11 p 177
proofs thereof. 

Surrogates Court, St Lawrence County.

Be it remembered that heretofore to wit on the 16th day of October AD 1869
Mary M Simons executrix named in the Last Will and Testament of Hubbard Simons
late of Morristown in the County of St Lawrence deceased, applied to the
Surrogate of the County of St Lawrence to have the said Last Will and
Testament which relates to both real and personal estate, proved and recorded
and on such application the said surrogate did ascertain by satisfactory
evidence who were the widow and heirs at law  and next of kin to said deceased
testator and their respective residences:

The filing widow and Fanny M Morris of Canton, NY, Abraham  F. Simons of
Dunbar Canada, Elizabeth A Dillenback of Herman NY, Benjamin Simons and Jane M
Simons of Morristown NY

and said Surrogate did thereupon issue a citation in due form directed to the
heirs at law and next of kin by their respective names, stating their places
of residence, requiring them to appear in the City of Ogdensburg in said
County on the 1st day of November, AD 1869 to attend the probate of said Will;
and afterwards to wit on the 1st day of November AD 1869 at Ogdensburg
aforesaid, satisfactory evidence having been presented to the said Surrogate
of the service of the said citation in the mode prescribed by law on all of
the said heirs at law and next of kin and Edward C James was duly appointed
personally appear as special guardian to Benjamin Simons and Jane M Simons
minors and the matter was adjourned to the same place on the 6th day of
November 1869 at which last named day and place the executrix  and especial
guardian aforesaid appear and no one appearing to oppose the probate of said
Will, the said Surrogate took the proofs of said Will hereinafter set forth
and did thereupon adjudge 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 the proofs theron are as follows that is to say:

Will

The last Will and Testament of Hubbard Simons of Morristown St Lawrence
County, State of New York.

I Hubbard Simons being of sound mind and memory and considering the
uncertainty of this mortal life do make, ordain, publish and declare this to
be my last will and testament as follows:

First I give and bequeath to my wife Mary M Simons all the real and personal
estae that I may be possessed of at the time of my death for her use and the
family during the time of her natural life but should she again marry, the use
of the same is to be continued during the time she shall remain my widow. 

Second, On and after the marriage or decease of my wife as above I bequeath
all my real and personal property to my children viz: Fanny M, wife of James A
Morris, Abram Freeman Simons,  Elizabeth A  wife of George Dillenback,
Benjamin Simons, Jane M Simons and any other children that may hereafter be
born to me   to be equally divided amongth them after the youngest becomes of
age for them and their respective heir and assigns forever.

I do hereby constitute and appoint my wife Mary M Simons to be sole executrix
of this my will and testament.  In witness whereof I have herewith set my hand
seal this second day of August in the year One thousand eight hundred and
sixty nine. 

Hubbard Simons

The foregoing written instrument was signed by the said Hubbard Simons on the
date thereof in our presence and acknowledged by him and he at the same time
declared the said instrument so signed to be his last will and testament and
we at the testators request and in his presence and in presence of each other
have signed our names hereto as witnesses and written opposite our names our
respective places of residence:
EW White Morristown St Lawrence County New York
Livings L Wright, Oswegatchie, St Law Co NY.

Surrogates Court
In the matter of proving the last Will and Testament of Hubbard Simons
deceased.

St Lawrence County SS:

Livings S Wright being first duly sworn in open court upon his corporal oath
for himself deposes and says that he is subscribing witness to the Last Will
and Testament of Hubbard Simons late of Morristown in the County of St
Lawrence  and State of New York deceased. And this deponent  further says that
he said Hubbard Simons deceased did in the presence of this deponent  and EW
White subscribe his name at the end of the instrument in writing which is now
here  shown and which purports to be the Last Will and Testament of the said
deceased and which bears the date the 2nd day of August Ad 1869. That the said
deceased was at the time of subscribing his name to said instrument declared
the same to be his last will and testament  and this deponent and said EW
White did  thereupon subscribe their own respective names to said instrument
as attending witnesses to the execution thereof each at the request of the
said deceased and in his presence and the presence of each other; that the
said deceased was at the time of upwards of twenty one years of age and was a
citizen of the United States and a resident of the County of St Lawrence; That 
he appeared to be and deponents believe he was of sound mind, memory and
understanding and not under any restraint and as deponents they believe in all
aspects competent to devise real estate.  Sworn and subscribed before me this
1day of November 1869:
Livings H Wright.


Surrogate's Court
In the Matter of Proving the Last Will and Testament of 
Hubbard Simons, deceased. 

St Lawrence County, ss:

Erastus White being first duly sworn in open court upon his corporal oath for
himself doth depose and say that he is subscribing witness to the Last Will
and Testament of Hubbard Simons late of Morristown in the County of St
Lawrence and State of New York deceased.  And this deponent further says that
the said Hubbard Simons deceased did, in the presence of this deponent and
Livings L Wright, subscribe his name at the end of the instrument in writing
which is now here shown and which purpots to be the Last Will and Testament of
the said deceased and which bears the date 2nd day of August 1864.  That the
deceased did, at the time of so subscribing his name to said instrument
declare the same to be his Last Will and Testament and this deponent and said
Wright did thereupon subscribe their own respective names to said instrument
as attending 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 was at the time upwards of twenty-one years of age, and was a
citizen of the United States and a resident of the County of St Lawrence; 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.

Sworn and subscribed before me this 6th day of November, 1869 Sullivan Tate,
Surrogate

E White

St Lawrence County ss:
It appearing from the proofs duly taken in respect to the Last Will and
Testament of Hubbard Simons late of Morristown in the County of St Lawrence
and the State of New York deceased; that the said Will was duly executed and
that the said Hubbard Simons 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 pursuant to the provisions of the Revised Statutes
this 6th day of November AD 1869.
Witman Noote Surrogate