WILL: Constant Cook; Potsdam, St Lawrence co., NY surname: Cook, Donally, Lane submitted by John Cook (jcook63 at msn.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: February 14, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.0 Kb ************************************************ Source: Sampubco.com St. Lawrence co NY Will Book Vol. 9 page 501 Written: May 7, 1863 Recorded: March 2, 1868 Record of the Last Will and Testament of Constant Cook late of Ventnor Canada deceased with the proofs thereof. Surrogate's Court St Lawrence County Be it Remembered,that heretofore, to wit: On the 22nd day of January A.D., 1868 Amos Blood executor named in the Last Will and Testament of Constant Cook late of Ventnor in the County of Canada 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 and heirs at law and next of kin to said deceased testator, and their respective residences, via Mary Cook of Prescott Ont., widow of George Cook, Abel Cook and James Cook of Ventnor Ont. and Elizabeth Donelly of Ogdensburg, N.Y. and Martha Lane and Roswell Cook of Potsdam N.Y. And said Surrogate did thereupon issue a citation in the due form of law, directed to the widow and 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 Ogdensburg in said County, on the 2nd day of March A.D., 1868 to attend the probate of said Will, and afterwards, to wit: On the 2nd day of March A.D.1868 at Ogdensburg aforesaid, satisfactory evidence having been presented to the said Surrogate of the service of said citation in the mode prescribed by law on said widow and all said heirs at law except Abel Cook who formally appeared and Julius S. Gunnell was duly appointed and formally appeared as special guardian of James Cook a minor heir at law and next of kin. No one appearing to oppose the probate of said Will, the said Surrogate took the people 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: which said Last Will and Testament, and the proofs taken theron, that is to say. Will. In the name of God I Constant Cook of the Town of Potsdam, County of St. Lawrence and State of New York of the age sixty-eight years and being of sound mind and memory do make public and declare this my last Will and Testament in manner following that is to say: First I give and bequeath the sum of four hundred dollars of the money that is due me from George Lane of the Town of Potsdam to my son James F. Cook and I hereby direct that the said sum of four hundred dollars be loaned at annual interest with good and sufficient security until the said James F. Cook shall arrive at the age of twenty one years and when he the said James F. shall arrive at the age of twenty one years then the said sum of four hundred dollars shall be paid to him to have and to hold the same to himself, his heirs and assigns forever and I hereby direct that the interest on the said sum of four hundred dollars shall be used and paid for the purpose of educating and supporting the said James F. while he is yet a minor or under the age of twenty one years. Excepting a sum sufficient to pay his guardian at the rate of one dollar and fifty cents per day for the time that he may actually spend in transacting the business immediately connected with the interest of the James F. and also a sum sufficient to pay all other expenses that may be in consequence of such business which sums I hereby direct to reserve or retain from the said interest for the paying of the said guardian and for paying the said mentioned expenses and I hereby appoint Amos Blood of Potsdam the special guardian of my son James F. Cook to transact any and all business connected with the interest of the said James F. Cook. Second: I give and bequeath all and every kind of my assets and personal estate lands, tenements, bonds, mortgages, goods, and chattels and cases in action of what nature and kind server excepting the sum of four hundred dollars and the interest therof that I have, here in before bequeathed James F. Cook after paying all my just debts and my funeral expenses to all my other children namely Roswell F. Cook, Elizabeth wife of John Donally, George L. Cook, Martha wife of George Lane and Abel Cook to be equally divided between them as near as may be and lastly I do hereby nominate and appoint Amos Blood of Potsdam Executor of this my last Will and Testament hereby revoking all former Wills by me made. In witness whereof I have here unto set my hand and seal this seventh day of May in the year of one thousand eight hundred sixty three. Constant Cook (L.S.) The above instrument consisting of one sheet was at the date therof, signed, sealed, published and declared by the said Constant Cook as and for his Last Will and Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witness's thereof. John F. Post, Potsdam, St. Lawrence County, N.Y. Harrison Hollemback, Potsdam Surrogate's Court In the matter of proving the last Will and Testament of Constant Cook Deceased St. Lawrence County, SS: John F. Post and Harrison Hollemback first duly sworn in open court, upon their several corporal oaths, each for himself, doth depose and say that they are subscribingwitnesses to the Last Will and Testament of Constant Cook late of Potsdam in the district of Ontario and state of Canada deceased. And these deponents do further say, that the said Constant Cook 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 7th day of May A.D., 1863. 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 presences, 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. Sworn & Subpoenaed Before me this 2nd day Of March 1868 Stillman Foote Surrogate John F. Post Harrison Hollemback St. Lawrence County, SS: It appearing from the proofs duly taken, in respect to the Last Will and Testament of, Constant Cook late of Ventnor in the County of Ontario and State of Canada deceased; that th said Will was duly executed, and that the Constant Cook 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 2nd day of March A.D. 1868. Stillman Foote, Surrogate