WILL: Nathaniel Allen; Canton, St. Lawrence co. NY surname: Allen, Warner submitted by Gail Meehan (gailmeehan @ aol.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Gail Meehan St. Lawrence co NY Will Book Vol. 19 page 537 Probate of the Last Will and Testament of Nathaniel Allen late of Canton deceased Surrogate's Court St. Lawrence County Be it Remembered, that heretofore, to wit; on the 21 day of June AD 1883 Elvira Allen a d______ named in the Last Will and Testament, of Nathaniel Allen 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 heirs at law and next of kin of said deceased testator, and their respective residences, Elvira Allen, Fanny Allen and Henry ? W. Allen all of Canton NY, Alvira A. Warner of Burlington, Vermont 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 17 day of September AD 1883 to attend the probate of said Will and proceedings having been adjourned from time to time until this day and afterwards, to wit: on the 16 day of March AD 1885 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 proofs thereof be recorded, which said Last Will and Testament and the proofs taken thereon are as follows, that is to say: I, Nathaniel Allen of Canton, St. Lawrence County 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 to my beloved wife Sally Allen the use during her natural life of all the property real and personal of which I may die _____or ________ to be enjoyed by her for her comfort, maintenance and support with power to sell said property both real and personal and to use the principal of the proceeds of such sale in case such a sale shall be necessary for her said comfort, maintenance and support. Second after the death of my said wife I give devise and bequeath the rest, residue and remainder of my property real and personal, to my two daughters Elvira? Allan and Fanny Allen share and share alike. If either of my said daughters shall die before my said wife leaving children her said children shall take share and share alike, the share in said property which their mother would be entitled to if alive and if either of my said daughters shall die without issue before my said wife then the ?? of my said daughters shall take the whole of said property. Third, I make, constitute and appoint my said wife Sally Allen sole executrix 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 this twenty sixth day of November eighteen hundred and eight one. Nathaniel Allen The above instrument consisting of one half sheet, was at the date thereof, subscribed by Nathaniel Allen in the presence of us and each of us at the time of making such subscription he 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, Nelson L. Robinson, residing at Canton, St. Lawrence Co.New York B. Frank Willson residing at Canton, St. Lawrence Co. New York. Surrogate's Court In the matter of proving the Last Will and Testament of Nathaniel Allen Deceased. St. Lawrence County, ss Nelson L. Robinson and B. Frank Willson 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 Nathaniel Allen late of Canton in the County of St. Lawrence and State of New York, deceased. And these deponents do further say that the said Nathaniel Allen 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 6 day of November AD 1881. 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. B. Frank Willson N.L. Robinson Sworn to before me December 29, 1884 as to Wilson, VP Abbot, Surrogate Sworn to before me by Nelson L.Robinson March 16 1885 VP Abbot, Surrogate St. Lawrence County, ss It appearing from the proofs duly taken, in respect to the Last Will and Testament of Nathaniel Allen 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 Nathaniel Allen 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, the 16 day of March AD 1885, VP Abbott, Surrogate