WILL: Joel J. Emmes; Hammond, St Lawrence co., NY surname: Emmes, Wilson, Nells, Baldwin, Hammond, Zoller, Welch submitted by Laraine Wessels (lwessels at yahoo.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 1, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11 Kb ************************************************ Source: sampubco.com St. Lawrence co NY Will Book Vol. 16 page 405 Written: December 20, 1875 Recorded: July 30, 1879 Transcribed from SAMPUBCO copy by Laraine Wessels Probate of the Last Will and Testament of and Codicil Joel J. Emmes Late of Hammond Deceased. Surrogate's Court St. Lawrence County Be it Remembered, that heretofore, to wit, on the 26th day of June A. D. 1879 Franklin S. Emmes Executor named in the Last Will and Testament and Codicil of Joel J. Emmes late of Hammond 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 and Codicil 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 Franklin S. Emmes of Morristown, NY John B. Emmes of Carthage Jefferson Co. NY Willie J. Wilson and Lillie Wilson (minor) of Winfield Cowley Co Kansas 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 the office of Foote & Kellogg in the city of Ogdensburg in said County, on the 30th day of July A. D. 1879 to attend the Probate of said Will and afterwards, to wit: On the 30th day of July A. D. 1879 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 said heirs at law and next of kin and A. Nells of Ogdensburg aforesaid was duly appointed & personally appeared as special guardian of Lillie Wilson Minor. 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, and that the said Will and the proofs thereof be recorded; 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, Joel J. Emmes of the town of Hammond in the county of St. Lawrence and State of New York of the age of seventy six years being of sound mind and memory and considering the uncertainty of life do make and declare this to be my last Will and Testament: That is to say: First: After all my lawful debts are paid and discharged and all the expenses of my sickness and funeral expenses are paid I desire a suitable stone erected to my resting place not to exceed the sum of fifty dollars Second I give grant bequeath and devise to my daughter Gertrude A. Wilson All my Household Furniture Spring Bed, Stoves & etc The clothing to be disposed of as she thinks best. I also give grant bequeath and devise to my daughter Gertrude A. Wilson the sum of two hundred dollars for her extra care love and kindness to me while sick Third I give grant bequeath and devise the sum of ten dollars to each of my Grand Children. Ida G. Emmes, Frank E. Emmes and Clara May Emmes Children of my son Joel. S. Emmes now called Franklin S. Emmes and Lucy his wife Ettie Emmes and Bertie Emmes the children of my son John B. Emmes & Jeanette his wife Lillie May Wilson Daughter of my Daughter Gertrude A. Wilson and Sanders Wilson her husband and J. Key Baldwin son of my adopted Daughter Loesa "Badwin" as a memento from their Grand Father Fourth I give grant bequeath and devise the sum of one hundred dollars to Willard J Wilson son of my daughter Gertrude A. Wilson and Sanders Wilson her husband for his patience and attention Fifth I give grant bequeath and devise to my son Joel S. Emmes now called Franklin S. Emmes the sum of Five Hundred dollars in addition to about one hundred and sixty dollars for Hay and lent money Sixth I give grant bequeath and devise to Lucy wife of my son Joel S. Emmes now called Franklin S. Emmes, the sum of one hundred Dollars Seventh I furnished my son John B. Emmes while engaged in obtaining his education and after he arrived at the age of twenty one years the sum of about one thousand dollars as his share of my Estate Eight My hood lot consisting of 3 « three and one half acres of land after Sanders Wilson Husband of my Daughter Gertrude A. Wilson removes all the timber and wood that he wishes: is to be sold to Jeremiah Yerdon for the sum of one hundred and ten dollars Ninth If my assets do not amount to enough to meet the expenses of my sickness & etc as first above mentioned and all my bequests named then each of my heirs are to share respectively in the deficiency according to the amounts bequeathed But should there be an overplus after paying all the foregoing named accounts and amounts named then all such overplus is to be paid to my daughter Gertrude A. Wilson to be disposed of as she may deem proper Lastly. I hereby appoint my sons Joel S. Emmes now called Franklin S. Emmes and John B. Emmes Executors of this my last Will and Testament and authorize them as my Executors to Execute and give Deeds of any Real Estate I may be possessed of when necessary, and I desire them to see to it and faithfully carry out all of my wishes. In Witness Thereof I have hereunto subscribed my name and affixed my seal this Twentieth 20th day of December in the year one thousand Eight hundred and Seventy five Joel J. Emmes LS The above written Instrument was subscribed by the said Joel J Emmes in our presence and acknowledged by him to each of us: that the above Instrument so subscribed to be his last Will and Testament and we at his request have signed our names as Witnesses in the presence of each other and written opposite our places of residence A. F. Zoller Hammond D. M. Welch Hammond Whereas I Joel J Emmes of Hammond St Lawrence County NY have made my last Will and Testament in writing bearing date twentieth December 1875 and have thereby made the following alterations to wit: Now I do by this my writing which I hereby declare to be a Codicil to my said will to be taken as a part thereof will and direct First, I give and bequeath to Willard J. Wilson Son of Sanders Wilson fifty dollars instead of one hundred dollars. Second, I give and bequeath to Lillie May Wilson daughter of Sanders Wilson one hundred dollars instead of two hundred dollars "instead of two hundred dollars" unto Gertrude Wilson Third I give and bequeath to Franklin E. Emmes son of Joel S. Emmes now called Franklin S. Emmes fifty dollars instead of ten dollars mentioned in the body of the will. Fourth The fees of Franklin S. Emmes shall be two dollars for each and every day actually spent in the discharge of the duties of Executor of this my last will and testament and no more And lastly it is my desire that this my present Codicil be annexed, and made a part of my last will and testament to all intents and purposes In witness whereof I have hereunto set my hand and seal 17th day of May 1877. Joel J. Emmes LS The above instrument of one sheet was at the date thereof declared to us by the testator Joel J. Emmes to be a codicil, to be annexed to his will and testament and he acknowledged to each of us that he had subscribed the same: and we, at his request Sign our names hereto as attesting witnesses A. F. Zoller residing at Hammond in St. Law Co NY D. M. Welch residing at Hammond in St. Law Co NY Surrogate's Court. In the matter of proving the Last Will and Testament and Codicil thereto of Joel J. Emmes, DECEASED St. Lawrence County ss: Abram F. Zoller and David M. Welch 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 and Codicil thereto of Joel J. Emmes late of Hammond in the County of St. Lawrence and State of New York deceased, And these deponents do further say that the said 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 Codicil thereto of the said deceased, and which bears date the 20th and the 17th day of December, May 1877 A. D 1875. That the said deceased did, at the time of so subscribing his name to said instruments declare the same to be his Last Will and Testament and Codicils thereto and these deponents did thereupon subscribe their own respective names to said instruments 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 and Subscribed Before me this 30th Abram F. Zoller Day of July A. D. 1879 David M. Welch D.A. Johnson Surrogate St. Lawrence County, ss: It appearing from the proofs duly taken, in respect to the Last Will and Testament and Codicils thereto of Joel J. Emmes late of Hammond in the County of St. Lawrence and State of New York deceased, that the said Will and Codicil were duly executed, and that the said Joel J. Emmes 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 Codicils and the proofs and examinations are hereby Recorded Signed and Certified by me pursuant to the provisions of the Revised Statues this 30th day of July A.D 1879 D.A. Johnson Surrogate Additional Comments: Codicil written after the death of daughter, Gertrude A. Wilson, d January 29, 1877.