WILL: Obadiah K. Rundell; St Lawrence co., NY surname: Rundell, Hemenway submitted by Cindy Vandeberghe (vicvand @ msn.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: May 13, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.1 Kb ************************************************ Source: Sampubco photocopy St Lawrence Co NY Will Book Vol. 12 page 109 Written: July 2 1872 Recorded: July 29 1872 Record of the Last Will and Testament of Obadiah K. Rundell late of DeKalb deceased, with the proof thereof Surrogate's Court, St. Lawrence County. Be it remembered, That heretofore, to wit: On the 19th day of July A.D. 1872 Henry Thompson Executor named in the Last Will and Testament of Obadiah K. Rundell late of DeKalb 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: Polly Rundell widow and Eliza Rundell, Harriet Hemenway, Wilbur F. Rundell, Forest P. Rundell of DeKalb N.Y. and Florence G. Rundell & Carrie E. Rundell of Russell N.Y. 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 his office in the City of Ogdensburg in said County on the 29th day of July A.D., 1872 at 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 and next of kin and L. King Soper of Ogdensburg was duly appointed and personally appeared as Special Guardian of said Florence G. Rundell, Carrie E. Rundell & Forest P. Rundell minor heirs next of kin. 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. I Obadiah K. Rundell of the Town of DeKalb, St. Lawrence County, State of New York, being of sound mind and memory, do make, ordain, publish, and declare this to be my last Will and Testament, that is to say: First: After all my lawful debts are paid and discharged I give devise and bequeath unto my daughters Eliza Rundell and Harriet Hemenway the homestead farm situated in said Town of DeKalb containing about 300 acres and comprising the following lots or parcels of land. The whole of lot No. 331 as numbered on Potter Goffs Map of said town filed in the County Clerk's office of said county of St. Lawrence, and parts of those several lots known and designated on said map by the numbers 332, 333, & 334, reference to the deeds I now hold of said premises being hereby made for a more particular description. My said daughters to receive the said premises at my death, subject to the rights to Dower therein of my wife Polly Rundell together with all the hereditaments and appurtenances thereunto belonging or in any wise appertaining, to have and to hold the said premises to my said daughters and their heirs and assigns forever. I also give and bequeath unto my said daughters all my farming utensils, stock and teams now on said farm excepting my household furniture- Second I give devise and bequeath unto my executors hereinafter named all that certain piece or parcel of land situated in the Town of Dekalb aforesaid and known and designated upon Potter Goffs map of said Town filed as aforesaid by the number 326, excepting and reserving from said lot about 32 acres of land heretofore demised and leased unto the Methodist Episcopal Church and used by said Church for Camp Meeting purposes. The said premises hereby devised unto my said executors, to be held by them in trust for the following purposes to receive the rents issues and profits thereof and to apply them to the use of my son Wilbur F. Rundell during the natural life of my said son, and at the decease of my said son, leaving heirs of his body, I give devise and bequeath the said premises to such heirs- Third I give and bequeath unto my wife Polly Rundell all my household furniture, beds bedsteads and bedding now in my house and owned by me. Likewise, I make constitute and appoint Henry Thompson and Andrew J. Merithew of the town of Dekalb aforesaid to be executors of this my last Will and Testament hereby revoking all former Wills by me made In witness whereof I have hereunto subscribed my name and affixed my seal the second day of July in the year of our Lord one thousand eight hundred and seventy two. O.K. Rundell The above instrument consisting of one sheet was at the date thereof subscribed by Obadiah K. Rundell in the presence of us and each of us; he at the time of making such subscription acknowledged that he made the same and declared the said instrument so subscribed by him to be his last Will and Testament, whereupon we then and there at his request and in his presence and the presence of each other subscribed our names as witnesses thereto- William C. Spencer residing at Dekalb, N.Y. Milton Rundell residing at Dekalb, N.Y. In the matter of proving the last will and testament of Obadiah K. Rundell Deceased St. Lawrence County, ss: William C. Spencer & Milton Rundell being first duly sworn in open court, upon their several corporal oaths, each for himself, doth depose and say that they are subscribing witness to the Last Will and Testament of Obadiah K. Rundell late of Dekalb in the County of St. Lawrence and State of New York deceased. And these deponents do further say, that the said Obadiah K. Rundell 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 28th day of July A.D. 1872. 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. Sworn & subscribed before me this 29th day of July 1872 Milton Rundell Stillman Foote William C. Spencer Surrogate St. Lawrence County, ss: It appearing from the proofs duly taken, in respect to the Last Will and Testament of Obadiah K. Rundell late of Dekalb in the County of St. Lawrence and State of New York deceased; that the said Will was duly executed, and that the said Obadiah K. Rundell 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 29th day of July A.D., 1872 Stillman Foote Surrogate