WILL: George Dillabaugh; Gouverneur, St. Lawrence co., NY surname: Dillabaugh, Miller submitted by Linnea K. Ista (genenae @ spinn.net) ************************************************************************ 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 Linnea K Ista St Lawrence County, New York, Will Book Volume 49 p 433 Probate of the Last Will and Testament of George Dillabaugh of Gouverneur deceased Surrogates Court St Lawrence County Be it remembered that heretofore to wit: on the 28th day of December AD 1915 Elizabeth Dillabaugh the executrix named in the Last Will and Testament of George Dillabaugh late of Gouverneur 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 upon 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 viz: Elizabeth Dillabaugh widow, Gouverneur NY petitioner. Ella Miller daughter Gouverneur NY, William A. Dillabaugh son, Adams NY, Retha A Dillabaugh daughter, 315 N Madison St Rome NY, Verna G Dillabaugh, granddaughter, Gouverneur, NY. Everett Dillabaugh, grandson, Henry A Dillabaugh, son, Gouverneur 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 in the Village of Gouverneur in said County on the 24th day of January AD 1916 to attend the probate of said will and afterwards to wit: on the 24th day of January AD 1916 at Gouverneur in said County, satisfactory evidence having been presented to the said surrogate of the service of said Citation in the mode prescribed by law on all the person to whom said citation was disclosed; and A T Johnson attorney having been duly appointed and appearing as special guardian for Verna G Dillabaugh and Everett Dillabaugh, no one appearing to oppose the probate of said Will the proofs of said Will were duly taken and herein set forth and the said Surrogate 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 Last Will and Testament and the proofs taken thereon are as follows that is to say Will In the Name of God amen: I, George Dillabaugh, of Gouverneur, St Lawrence County, NY, being of sound mind and memory and considering the uncertainty of this life, do therefore 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 and bequeath all my property real and personal of every kind to my wife Elizabeth Dillabaugh, to have and to hold the same forever. Likewise, I make, constitute and appoint my wife Elizabeth Dillbaugh to be 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, the 11th day of June in the year one thousand nine hundred and eight (1908), Geo Dillabaugh. Witnesses, The above instrument consisting of one sheet was at the dated thereof subscribed by George Dillabaugh, the testator named in the foregoing Will, in the presence of us and each of us, and at the time of making such subscription the above instrument was declared by the said Testator to be his last Will and Testament, and each of us at the request of said Testator and in his presence and in the presence of each other, sing our names as witnesses thereto at the end of the Will. Gerrit S. Conger, residing at Gouvernuer NY A.W. Orvis, residing at Gouverneur, NY, Surrogates Court In the matter of proving the Last Will and Testament of George Dillabaugh, deceased. St Lawrence County ss. Arthur W Orvis being first duly sworn in open court doth depose and say that he and Garrit B Conger, late of Gouverneur NY are subscribing witnesses to the Last Will and Testament of George Dillabaugh late of Gouverneur in the County of St Lawrence and the State of New York, deceased. And deponent does further say that the said George Dillabaugh deceased did in the presence of deponent and Garrit S Conger 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 11th day of June AD 1908. Deponent further says that Garrit S. Conger died January 13 1913 and deponent is sole surviving witness to said will. 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 said Garrit S Conger and deponent did thereupon subscribe their own respective names to said instrument as attesting witnesses to the execution thereof, each at the request of the 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 appear 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. Subscribed and sworn to before me January 24t 1916 Alrick R Harriman Surrogate. Arthur W Orvis. St Lawrence County, ss. In appearing from the proofs duly taken in respect to the Last Will and Testament of George Dillabaugh, late of Gouverneur in the County of St Lawrence and State of New York deceased; that the said will was duly executed and that the said George Dillabaugh 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 Code of Civil Procedure, this 24 day of January, AD 1916. Alrick Herriman.