WILL: Abner Aldrich; Canton, St. Lawrence co., New York surname: Aldrich, Damon, Sykes submitted by Virginia Newton (vsnewton @ forbing.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 Virginia Newton St. Lawrence Co NY Will Book Vol. 8 page 65 In the name of God Amen I Abner Aldrich of the town of Canton in the County of St. Lawrence, State of New York, being of sound mind and disposing memory, mind and understanding for the purpose of disposing of my real and personal, and real Estate belonging to me at my decease, do hereby make and publish this my last Will and Testament as follows. Firstly Out of my personal property, I order and direct all my just debts owing by me to all persons, to be paid by my Executors. Secondly I give and devise to my beloved wife Betsy, all the household furniture and articles of domestic articles, known as mine, or hers in our house at my decease, and also the use of all my real Estate and of her personal property, or so much as she may see fit to use during her natural life subject to the other bequests and legacies hereafter named mentioned the use of such property to be at her reasonable discretion during her life, if she survives me. Thirdly I give devise and bequeath to my son Willard Aldrich subject to all the other bequests and devises of this my Will, all the residue of all my real and personal estate, to him and his legal representatives forever. Fourthly I bequeath and give to my children Hiram Aldrich, Achsah wife of Edmund Damon, Harris Aldrich, Lydia wife of Brigham Sykes, each the sum of two hundred dollars to paid to each and all of them by my Executors within (two? five?) years after my decease, at the discretion of my Executors. Fifthly To my several Grandchildren, who may be living at my decease to wit, Malvina, Betsy, Horace, and (those? five?) children of my daughter Hannah, formerly wife of Hartwell Burt to each of the children of my deceased son Horace Aldrich, to wit, Alice, Loretta, Sally, Hannah, Horace, Truman, who may live at my decease each and every of them the sum of forty dollars to be paid within (two? five?) years after my decease in the discretion of my Executors. Sixthly I nominate and appoint my son Willard Aldrich and my friend Hiram J. Cook of Canton Executors of this my last Will and Testament hereby revoking all others. Abner Aldrich (L.S.) Signed, Sealed, published in the hand by the Testator to be his last Will and Testament in the presence and in the presence of each other, and in his presence, also, at his request hereby subscribed our names as witnesses. Abner P. Conkey, of the town of Canton, St. Lawrence Co. Jn. S___ Russell, of the same place Record of the Last Will and Testament of Abner Aldrich, late of Canton deceased with the proof thereof. Surrogate's Court St. Lawrence County. Be it Remembered, That heretofore, to wit: On the 11th day of June A.D. 1863 Willard Aldrich & Hiram J. Cook Executors named in the Last Will and Testament of Abner Aldrich 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 widow heirs at law and next of kin to said deceased testator, and their respective residences, to wit, Betsey Aldrich widow of deceased, Hiram Aldrich, Lydia Sykes, (illegible) Aldrich, all of Canton afore. Harris Aldrich (illegible) (illegible) of Conewego Cattaraugus County (illegible) of Ellington Chautauqua County (illegible) Jones of Cat. or Chatauqua Co. place unknown Betsey (illegible) residing at (illegible) in Chatauqua Co place unknown (illegible) Loretta Aldrich, Hannah Aldrich, Salle Aldrich, Horace Aldrich (illegible) & also living and with children in NY Horace (illegible) residing at Salamanca NY all (illegible) all of (illegible) Lavinia was appointed (illegible) and said Surrogate did thereupon issue a citation in due form of law, directed to the widow heirs at law and next of kin Special Guardian by their respective names, stating their places of residence, requiring them to appear before the said Surrogate at the office of Sawyer & Russell in the village of Canton in said County on the 15th day of July A.D. 1863 to attend the probate of said Will and afterwards to wit: on the 15th day of July A.D. 1863 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 personally on the said widow Betsy Aldrich and on all the said heirs at Law and next of kin to said deceased. no one appearing to oppose the probate of said Will, the said Surrogate took the proofs of said Will to be a valid Will of real and personal estate and the proofs thereof to be sufficient, which said Last Will and Testament, and the proofs taken thereon are as follows, that is to say: Will. SURROGATE'S COURT In the matter of proving the last Will and Testament of Abner Aldrich DECEASED St. Lawrence County, ss: Abner P. Conkey of Canton, St. Lawrence County, New York being first duly sworn in open court upon his corporal oaths, each for himself, doth depose and say that he is one of the subscribing witnesses to the Last Will and Testament of Abner Aldrich late of Canton in the County of St. Lawrence and state of New York deceased. And these deponents do further say, that the said Abner Aldrich deceased, did, in the presence of each of these deponents, and (illegible) Jn. Russell (illegible) of Canton, aforesaid, 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 is not dated but was executed sometime in the year A.D. 1859. 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 Executors 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. They (illegible) this (illegible) himself deceased that this deponent is well acquainted with his hand writing & judges (illegible) appearance of the signature (illegible) as well as from recollection of the circumstances that John S. Russells signature (illegible) will is genuine. Subscribed sworn to this 15 day of July - Abner P. Conkey 1863 before me H. P. Smith Surrogate St. Lawrence County ss. Joseph Burns of Canton in said County being duly sworn on 15 day of July he is well acquainted with the hand writing of John S. Russell late of Canton (illegible) of Abner Aldrich, late of Canton deceased which is (illegible) propounded for probate (illegible) has no doubt whatever but that said John S. Russells signature as a witness to said will is his genuine signature and deponent further saith that he is well acquainted with the signature and hand writing of Abner Aldrich deceased and that he has (recognized?) the signature of said Abner Aldrich deceased (illegible) witnesses (illegible) purporting to be his last Will and Testament, and deponent judges that the signature of said Abner Aldrich (illegible) is his genuine signature of the said testator, deceased. Subscribed and sworn to the 15 day of July, 1863. Joseph Burns before me H. P. Smith, Surrogate St. Lawrence County, ss It appearing from the proofs duly taken, in respect to the Last Will and Testament, of Abner Aldrich 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 (this place is blank in the original document) 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 15th day of July A.D. 1863. H. P. Smith, Surrogate