WILL: Arnold Gates; Potsdam, St Lawrence co., NY surname: Gates, Smith submitted by Susan Davis (smgdavis at @aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 23, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.8 Kb ************************************************ Source: Sampubco.com St. Lawrence co NY Will Book vol. 9 page 473 Written: January 6, 1868 Recorded: January 16, 1868 Record of the Last Will and Testament of Arnold Gates late of Potsdam deceased, with the proofs thereof. Surrogate's Court, St. Lawrence County Be it Remembered, That heretofore, to wit: On the 16th day of January, A.D. 1868 Benjamin G. Baldwin Executor named in the Last Will and Testament of Arnold Gates late of Potsdam 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 heirs of law and next of kin to said deceased testator, and their respective residences, viz: William I. Gates of Potsdam N.Y. 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 Ogdonsburgh in said County, on the 27 day of January A.D., 1868 to attend the probate of said Will, and afterwards to wit On the 27 day of January A.D., 1868 at Ogdensburgh 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 & next of kin & Edward C. James of Ogdensburgh was duly appointed special Guardian & personally appointed on behalf of said next of kin he being a minor having no general guardian & Henry E. Graves was examined as a witness & proceedings adjourned to the office of B. G. Baldwin Potsdam February 1, 1868 at one o'clock at which last mentioned place the parties approved & 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; which said Last Will and Testament, and the proofs taken thereon are as follows, that is to say: WILL. I, Arnold Gates of Potsdam in the County of St. Lawrence & State of New York being week in body but of sound & disposing mind & memory, do hereby make & publish this as my last will & testament in manner & form following that is to say First, I order any executors hereinafter named to pay all my just debts & funeral charges as soon after my decease as practicable. Second, I give all my personal clothing which I may have at my decease excepting my furs to my brother Alanson Gates of Russia, Herkimer Co. NY. Third, I give to my Aunt Mary M. Farmer the contents of a trunk in my chamber which I have heretofore designated to be distributed or disposed of as she may choose together with all the window curtains shades & fixtures in my parlor. Fourth, I give, devise & bequeath all the rest residence & remainder of my property and personal & mixed & wheresoever situated or being with my friends Reuben Holbrook?, Reuben Farmer & Benjamin G. Baldwin of Potsdam Junction, in trust for the benefit of my only son & child William Fremont Gates; hereby authorizing them & their survivors or survivor to take the entire charge of all the same keeping the real estate well rented & if they shall judge best for the good of my estate & said son to sell the same in whole or in part they are authorized to make such sale or sales & to execute good & valid titles thereof & to keep the proceeds of the whole estate well invested, & to pay out & sell such amounts from time to time for the support & education of my said son until he shall become of full age of twenty one years as they shall judge proper, intending hereby that they shall have the full custody & charge of my said son as well as his property until he shall become of age & that no other guardian be appointed for him. In case of the death of my said son before arriving of age without issue the said Trustees or their survivors or survivor shall distribute my estate which may remain as follows: three fourth parts thereof they shall pay over to my said brother Alanson Gates & one fourth part thereof they shall divide equally among my other heirs to wit: brother Henry & my sister Emily, wife of Vernum Smith & the child of my brother Lucius deceased, the said Trustees first converting all the real estate into money. Upon my said son arriving of full age the said Trustees shall pay over to him all of my said estate that may remain after paying all debts & expenses & his said support & convey to him all the real estate that they may not have previously sold & conveyed. Fifth & lastly, I nominate & appoint my said above named trustees executors of this will & hereby revoke all former wills by me made. In testimony whereof I hereunto set my hand & seal this sixth day of January in the year of our Lord one thousand eight hundred & sixty eight. A. Gates Arnold Gates (S.S.) Signed, sealed, published & declared by the above named testator to be his last will and testament in presence of us who, at his request & in his presence have hereto set our names as witnesses H.E. Graves of Potsdam, NY Isaac Ellis of Potsdam, NY Surrogate Court In the Matter of proving the Last Will & Testament of Arnold Gates St. Lawrence County, ss: Henry E. Graves being first duly sworn in open Court upon his corporal oath doth depose & say that he is a subscribing witness to the Last Will & Testament of Arnold Gates late of Potsdam in the County of St. Lawrence & State of New York deceased and this deposed does further say that the said Arnold Gates deceased did in the presence of deponent & Isaac Ellis subscribe his name at the end of the instrument in writing which is ___ ____ of which purports to be the last will & testament of the said deceased & which bear date the 6th day of January A.D. 1868. That the said deceased did at the time of so subscribing his name to said instrument declare the same to be his last will & testament & the deponent & said Ellis 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 & in his presence & in the presence of each other that the said deceased was at the time upwards of twenty one years of age & was a citizen of the United States & a resident of the County of St. Lawrence. That he appeared to be & deponent believes he was of sound mind memory & understanding & not under any restraint & as deponent verily believes in all respects competent to devise real estate. Sworn & Subscribed before me) this 27th day of January 1868) H. E. Graves Stillman Foote) Surrogate) Surrogate's Court In the matter of proving the Last WILL and Testament of Arnold Gates Deceased St. Lawrence County, ss: Isaac Ellis being first duly sworn in open court, upon his several corporal oath, doth depose and say that he is subscribing witness to the Last Will and Testament of Arnold Gates late of Potsdam in the County of St. Lawrence and State of New York deceased. And the deponent does further say, that the said Arnold Gates deceased, did, in the presence of this deponent Henry E. Graves 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 January A.D., 1868. 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 this deponent and said Graves 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 understand, and not under any restraint; and as deponents verily believe, in all respects competent to devise real estate. Sworn & Subscribed before me this 1st day of February 1868 Isaac Ellis Stillman Foote Surrogate St. Lawrence County, ss: It appearing from the proofs duly taken, in respect to the Last Will and Testament of Arnold Gates late of Potsdam in the County of St. Lawrence and State of New York deceased; that the said Will was duly executed, and that the said Arnold Gates 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 1st day of February A.D. 1868 Stillman Foote, Surrogate