WILL: Oliver Whitford; Edwards, St Lawrence co., NY surname: Whitford, Hammond, Stewart, Morris, Ralph, submitted by Susan Davis (smgdavis at gmail.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 30, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.9 Kb ************************************************ Source: Sampubco.com St. Lawrence co NY Will Book Vol. 12 page 101 Written: October 30, 1866 Recorded: March 30, 1872 Edwards, St. Lawrence County, New York, Book 12, Page 101: Record of the Last Will and Testament of Oliver Whitford late of Edwards deceased with the proofs thereof Surrogate's Court, St. Lawrence County, Be it Remembered, That hereby to wit: On the 30th day of May, A.D. 1872 Polly Whitford, Executrix named in the Last Will and Testament of Oliver Whitford 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 heirs at law and next of kin to said deceased testator, and their respective residences, viz: Polly Whitford widow, Parco Whitford, Fred Whitford, Willie Whitford of Edwards, N.Y.; Frank Whitford of Utica, N.Y.; Ophelia Ralph of Gouverneur, N.Y.; O. O. Morris of Dekalb, N.Y.; Charles Whitford and Joseph Whitford whose places of residence are unknown; Alexander H. Whitford of Manito, Ill.; & Sylvanus Whitford of Peoria, Ill. and said Surrogate did thereupon issue a citation in due form of law, directed to the 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 to attend the probate of said Will, and afterwards, to wit: On the 29th day of July A.D., 1872 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 said heirs at law & next of kin except Parco Whitford who appeared in person & L. King Soper of Ogdensburg was duly appointed and personally appeared as the Special Guardian of Fred Whitford, Willie Whitford & Joseph Whitford, minors, 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 taken thereon are as follows, that is to say: WILL. In the Name of God Amen I, Oliver Whitford of the town of Edwards in the County of St. Lawrence and State of New York of the age of seventy eight years and being of sound mind and memory do invoke publish and declare this my last Will and Testament in manner following, that is to say: First, I give and bequeath to my wife Polly Whitford her heirs and assigns all that tract of land situate lying and being in township number "eigh" of great tract number three of Macombs purchase in the County of St. Lawrence and State of New York and known as part of lot number fifty seven bounded and described as follows to wit: Beginning at a post marked 57.58.64.65 thence running West on the original line as surveyed by Reuben Ashman thirty nine chains and fifty links to a post, thence both thirty degrees West along the center of the highway twenty one chains twenty one links to a corner thence North eighty six degrees east thirty nine chains seventy six links to a post on the line between Lots Number fifty seven and fifty "eigh" thence South on the original line twenty three chains sixty four links to the place of beginning containing eighty "eigh" acres and eighty seven hundredth of one acre of land as subdivided by John C. Haile the above described premasis being the "saim" "wich" is now "ocupied" by me as a homested together with all the hereditaments and appurtanances thereunto belonging or in any wise appertaining. To have and to hold the premises above described to the said Polly Whitford her heirs and assigns forever. And lastly I give and bequeath all the rest residue and remainder of my personal estate goods and chattels of what nature or kind soever to my said wife Polly Whitford whom I hereby appoint sole executrix of this my last Will and Testament hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and seal this "thirtieth" day of October in the year of our Lord one thousand "eigh" hundred and sixty six. my Oliver X Whitford (S. S.) mark The above instrument consisting of one sheet was the date thereof signed sealed published and declared by the said Oliver Whitford 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 "witness" thereto Ira H. Hammond Residence at So. Edwards in St. Lawrence Co. N.Y. Russell Stewart Residence at So. Edwards in St. Lawrence Co. N.Y. Surrogate's Court. In the Matter of Proving the Last Will and Testament of Oliver Whitford, deceased. St. Lawrence County, ss: Ira H. Hammond & Russell Stewart being first duly sworn in open court, upon their several corporal oaths, and for himself, doth depose and say that they are subscribing witnesses to the Last Will and Testament of Oliver Whitford late of Edwards in the County of St. Lawrence and State of New York deceased. And these deponents do further say that the said Oliver Whitford 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 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 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. Deponent Hammond wrote the name of deceased after the Will had been read to and understood by him and at his request. As to deponent Stewart he says that he did not see testator sign the paper but he acknowledged the signature to deponent, and testator at same time declared said paper to be his last Will and Testament Sworn & Subscribed before me this 29th July 1872 S. Foote, Surrogate Ira H. Hammond his Russell X Stewart mark St. Lawrence County, ss: It appearing from the proofs duly taken in respect to the Last Will and Testament of Oliver Whitford late of Edwards in the County of St. Lawrence and State of New York deceased; that the said Will was duly executed, and that the said Oliver Whitford 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 William Foote