WILL: Heber Sykes; Canton, St. Lawrence co., NY surname: Sykes, Aldrich submitted by Virginia Newton (vsnewton @ forbing.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Virginia Newton St. Lawrence Co NY Will Book Vol. 11 page 269 Record of the Last Will and Testament of Heber Sykes late of Canton, deceased with the proofs thereof. Surrogate's Court, St. Lawrence County. Be it remembered that heretofore, to wit: On the 31st day of March A.D. 1870 Bingham A. Sykes Executor named in the Last Will and Testament of Heber Sykes late of Canton 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 & heirs at law and next of kin to said deceased testator, and their respective residences, viz: Lorette H. Aldrich, Edwin J. Sykes, Clarissa M., & the petitioner, all of Canton, NY and said Surrogate did thereupon issue a citation in due form of law, directed to the widow & heirs at law and next of kin by their respective names, stating their places of residence, requiring them to appear before the said Surrogate at the office of Heber Sykes in the Village of Canton in said County on the 13th day of April A.D. 1870 to attend the probate of said Will; and afterwards, to wit: On the 13th day of April A.D. 1870 at Canton aforesaid, satisfactory evidence having been presented to the said Surrogate of the service of the said citation in the mode prescribed by law on said widow & heirs at law 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 taken thereon are as follows, that is to say: WILL. In the name of God Amen I, Heber Sykes, of the Town of Canton, County of St. Lawrence and State of New York aged twenty nine years and being of sound mind and memory, do make publish and declare this my last will & testament in manner following: I. I give and bequeath to my beloved wife Candace Sykes al my personal estate, goods and chattels of what nature or kind soever, to be used and enjoyed by her during the term of her natural life, and what shall remain of said personal estate, goods and chattels unexpended by her at her decease I hereby give and bequeath to my four children Lorette H., Bingham A., Edwin J. and Clarissa Maria, to be equally divided between them share and share alike. II I hereby give, devise and bequeath to my daughter Clarissa M. Packard, all my right title and interest of , in and to the Village Lot now occupied by her in the Village of Canton, and I hereby release to her and to her heirs forever all the rights reserved to myself and my heirs in said lot by my deed to her dated on the 4th day January 1866. III I hereby constitute and appoint my said wife Candace Sykes Executrix, and my son Bingham A. Sykes Executor of this my last will and testament, here by revoking all previous wills and codicils of wills by me made. Witness my hand & seal at Canton this 14th day of October A.D. 1867. Heber Sykes (L.S.) The above instrument consisting of one sheet was at the above date thereof signed, sealed, published and declared by the said Heber Sykes as and for his last will and testa-ment in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. Ebenezer A. Sanderson Hiram Sanderson Surrogate's Court In the matter of proving the Last WILL and Testament of Heber Sykes DECEASED St. Lawrence County, ss: Hiram Sanderson & Ebenezer H. Sanderson being first duly sworn in open court, upon their several corporal oaths, each for himself, doth depose and say that they are subscribing witnesses to the Last Will and Testament of Heber Sykes late of Oswegatchie in the County of St. Lawrence and State of New York deceased. And these deponents do further say, that the said Heber Sykes deceased, did, in the presence of each of these deponents, 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 date the 14th day of October A.D. 1867. That the said deceased did, at the time of so subscribing his name to said instrument, declare the same to be his Last Will and Testament; and these deponents did thereupon subscribe their own respective names to 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 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. Hiram Sanderson Ebenezer H. Sanderson Sworn & subscribed before me this 13th day of April 1870. Stillman Foote Surrogate St. Lawrence Co., ss: It appearing from the proofs duly taken in respect to the Last Will and Testament of Heber Sykes late of Canton in the County of St. Lawrence and State of New York deceased; that the said Will was duly executed, and that the said Heber Sykes at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the sit 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 13th day of March A.D. 1870. Stillman Foote, Surrogate