WILL: Mercy Hammond; Colton, St Lawrence co., NY surname: Hammond, Peirce, Bastin submitted by Cindy Cindy (ourrelatives at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 30,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.5 Kb ************************************************ Source: Sampubco.com St Lawrence co NY Will Book Vol. 18 page 737 Written: December 21, 1876 Recorded: November 19, 1883 Last Will and Testament of Mercy Hammond Probate of the Last Will and Testament of Mercy Hammond late of Colton deceased. Surrogate's Court St Lawrence County Be it remembered, that heretofore, to wit: on the 18th day of October A.D. 1883 Mary E Pearce a legatee named in the Last Will and Testament of Mercy Hammond late of Colton 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 heirs at law and next of kin of said deceased testator, and their respective residences, Gilbert G Hammond, Mary E Pierce, Heamon W Hammond, Eva A Bastin, Charles Hammond all of Colton NY. James H Hammond of Dickinson NY. Hermon M Hammond of Mount Pleasant Mich. 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 Village of Canton in said county on the 19th day of November A.D. 1883 to attend the probate of said Will and afterwards, to wit: on the 19th day of November A.D. 1883 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 heirs at law and 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, 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: In the name of God Amen. I Mercy Hammond of the town of Hopkinton in the county of St Lawrence & State of New York, considering the uncertainty of life and the certainty of death, do make publish and declare this my last will and testament in waiver form and substance following that is to say. First I desire that all my just and legal debts be fully paid and satisfied and my funeral expenses in like manner be paid and satisfied thus. Second I give and devise to each of my children Mary Ellen Pierce, Eva Almeda Bastin, James H Hammond, Norman M Hammond, Heoman W Hammond and Charles W Hammond, the sum of ten (10) dollars each to be paid to the each of them within one year from my death and in case of the death of either of my said children before my decease then the sum of ten (10) dollars shall go to the heirs of the body of them the children so deceased. Third All and singular the real and personal property of my name, nature and kind that I shall except as aforesaid, I do give, devise and bequeath to Simon D Butler & Sylvester Watson in trust for my son Gilbert G Hammond they to take and hold the same as trustees for my said son the said Gilbert Hammond to apply the interest uses and rents thereof to the care support and maintenance of him the said Gilbert for and during the full term of his natural life and I hereby fully do empower them to convey any and such real estate and to invest the proceeds thereof or repurchase real estate with the avails thereof and with other money or property left and hold the same to his use if they deem best so to do and to manage the whole of my estate for the benefit of him the said Gilbert G if they shall deem best for his interest and the interest of the said estate for and during the full term of his the said Gilbert's natural life; then Fourth After the death of the said Gilbert, I give devise and bequeath unto each of my other children all and singular all of said property real and personal remaining from and after said Gilbert's G death in waiver following that is to say Unto each of my said daughters one forth of all said property remaining so each my said daughters shall have the full one half of all said property remaining and the other one half thereof I give, devise and "beg" to my said sons share and share alike and in case of the death of any of my said sons or daughters before they are entitled to take said property remaining after the discharge of said trusts then his or her share shall go to the heirs of the body of each deceased child or children. Sixth I do hereby nominate and constitute and appoint Sylvester Watson and Simon D Butler to be the executors of this my last will and testament and I do authorize and empower them to sell and convey my real estate that I may die seized of and to give such conveyances as may be proper as such executors and I do revoke all former wills made by me. In testimony whereof I have hereunto set my hand and seal this 21st day of December 1876. Mercy Hammond L.S. The foregoing instrument purporting to be the last will and testament of Mercy Hammond, was at the date thereof signed, sealed, published and declared by her as and for her last will and testament to us and each of us & in our presence & in the presence of each of us and she at the time of signing the same did acknowledge to us and each of us that the same was her last will and testament and we thereupon have at her request and in her presence and in the presence of each other affixed and signed our names as witnesses thereto and written opposite our names our places of residence severally. Arkus Foster Colton NY Erastus N Green Colton NY Surrogate's Court. In the matter of proving the Last Will and Testament of Mercy Hammond deceased. St Lawrence County ss. Arkus Foster and Erastus N Green 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 Mercy Hammond late of Colton in the County of St Lawrence and State of New York, deceased. And these deponents do further say that the said Mercy Hammond 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 21 day of December A.D. 1876. That the said deceased did at the time of so subscribing her 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 witness to the Execution thereof, each at the request of the said deceased and in her 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 she appeared to be and deponents believe she 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. Erastus N Green Arkus Foster Sworn to before me Novr 19, 1883 VP Abbott Surrogate St Lawrence County ss. It appearing from the proofs duly taken in respect to the Last Will and Testament of Mercy Hammond late of Colton in the County of St Lawrence and State of New York, deceased; that the said Will was duly executed and that the said Mercy Hammond 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 19th day of November A.D. 1883 VP Abbott Surrogate