WILL: Flora A. Whitford; Canton, St Lawrence co., NY surname: Whitford, Hamilton, Barber, Marks, Squires, Gully 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: 7.4 Kb ************************************************ Source: Sampubco.com St. Lawrence co NY Will Book Vol. 42 page 329 Written: February 25, 1907 Recorded: January 17, 1910 Probate of the Last Will and Testament of Flora A. Whitford late of Canton deceased Surrogate's Court, St. Lawrence County. Be It Remembered, That heretofore, to wit: on the 21st day of December A.D., 1909 Ada G. Barber a legatee named in the Last Will and Testament, of Flora A. Whitford late of Canton 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 upon such application the said Surrogate did ascertain by satisfactory evidence, who were the husband, heirs at law and next of kin of said deceased testator, and their respective residences, viz: Gideon W. Whitford, husband, Ethel G. Hamilton, Ada G. Barber, Florence A. Marks of Canton, NY 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 said Surrogate at his office in the village of Canton in said County, on the 17th day of January A.D. 1910 to attend the probate of said Will and afterwards to wit: on the 17th day of January A.D. 1910 at Canton aforesaid, satisfactory evidence having been presented to the said Surrogate of the service of said citation in the mode prescribed by law on all said above named persons no one appearing to oppose the probate of said Will the said Surrogate took the proofs of said Will herein 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, Flora A. Whitford of the town of Crown Point in the State of New York, being of sound mind, memory and understanding, do make and publish this my last Will and Testament, as follows, Viz. First, I direct my executor hereinafter named to pay my lawful debts and funeral expenses. Second, I hereby give and bequeath unto my husband Gideon W. Whitford for and during his life the use of all my property both real and personal for his maintenance and support and should the use of the same be insufficient to support and maintain him in the style and degree of expensiveness in which we have been accustomed to live, also give unto him so much of the principal of my estate as shall with the use thereof, be sufficient to so maintain him. Third, I hereby give and bequeath unto Ethel C. Gully and Ada M. Gully, my nieces, all the rest and remainder of my estate both real and personal, that shall remain at the death of my said husband, absolutely, to have and to hold forever. Fourth, I hereby make, constitute and appoint Miss Ethel C. Gully the executrix of this, my last Will and Testament with full power to sell and convey real estate for the purposes of carrying out the provisions of this will, and I hereby vest in said executrix the authority to decide and determine at all times during the life of the said Gideon, how much of the said principal of my estate, if any, in addition to the use thereof, shall be necessary for his support and maintenance as hereinbefore specified, and direct her to pay over unto him from time to time so much as she shall think proper for that purpose and what she shall so pay over for his use is what is hereby given to him in item second of this will. In case my said husband Gideon W. Whitford should die before me, then I hereby give all my property real and personal, equally to the said Ethel C. Gully and Ada M. Gully, to have and to hold the same to them forever. In Witness Whereof, I have hereunto set my hand and seal this 25th day of February 1907. Ninth written line erased before execution. Flora A. Whitford. L.S. A.Z. Squires On the day and year last above written the above named testatrix subscribed the foregoing instrument in our presence declared the same to be her last Will and Testament and requested us to become subscribing witnesses thereto, which we hereby do, all of which was in the presence of each and every of us, together. Almeron Z. Squires, Canton, N.Y. M. C. Gulley, Canton, N.Y. Surrogate's Court. In the Matter of Proving the Last Will and Testament of Flora A. Whitford, Deceased. St. Lawrence County, ss. Almeron Z. Squires and McKenzie G. Gully being first duly sworn in open court, doth depose and say that they are subscribing witnesses to the Last Will and Testament of Flora A. Whitford late of Canton in the County of St. Lawrence and State of New York, deceased. And deponents do further say that the said Flora A. Whitford deceased, did, in the presence of each of deponents subscribe her 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 25th day of February A.D., 1907. That the said deceased did at the time of so subscribing her name to said instrument, declare the same to be her Last Will and Testament and deponent did thereupon subscribe their own respective names to said instrument, as attesting witnesses to the execution thereof, each at the request of 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. Subscribed and sworn to before me this 17th day of January 1910 Alric R. Herriman, Surrogate Almeron Z. Squires M.C. Gulley St. Lawrence County, ss. It appearing from the proofs duly taken, in respect to the Last Will and Testament of Flora A. Whitford 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 Flora A. Whitford at the time be 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 Code of Civil Procedure, this 17th day of January A.D., 1910 Alric R. Herriman, Surrogate