WILL: Ashbel Sykes; Oswegatchie, St. Lawrence co., NY surname: Sykes submitted by Virginia Newton (vsnewton @ forbing.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Virginia Newton St. Lawrence Co NY Will Book Vol. 9 page 729 Record of the Last Will and Testament of Ashbel Sykes late of Oswegatchie, deceased with the proofs thereof. Surrogate's Court, St. Lawrence County. Be it remembered that heretofore, to wit: On the 1st of February A.D. 1869 L. Merrill MillerExecutor named in the Last Will and Testament of Ashbel Sykes late of Oswegatchie in the County of St. Lawrence deceased applied to the Surrogate of the County of St. Lawrence, to have the said Last Will andTestament, 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, viz: Elizabeth Sykes of Ogdensburg A.S. widow, John I. Sykes of Grass Valley California, Dosan [Dorcas? Dorsan?] E. Sykes of Meadow Lake California.and said Surrogate did thereupon issue a citation in due form of law, directed to the widow & 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 City of Ogdensburg in said County on the 22nd day of March A.D. 1869 to attend the probate of said Will; and afterwards, to wit: On the 22nd day of March A.D. 1869 at Ogdensburg aforesaid, satisfactory evidence having been presented to the said Surrogate of the service of the said citation in the mode prescribed by law said widow & all of said heirs at law 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, Ashbel Sykes, of Ogdensburg New York do make and publish this my last will & testament. 1. I order and direct any debts & personal expenses to be first paid 2. I order and direct that Mrs. E. Sykes my lawful wife Shall have & hold for the term of her natural life all my property whether personal or real of any kind whatsoever to use for her comfort & support 3. As soon as any money remains from notes paid are over & above expenses I order and direct that two hundred dollars be paid to Rev. L. Merrill Miller for the use of Horine & Foreign Missions in connection with the Presbyterian Church OS. Also fifty dollars for his own & the balance whatever it may be shall be equally divided between my two sons Dorson [or Dorcas? Dosan?] E. Sykes & John Ives Sykes (now in California) or in case either dies the whole to be paid to the surviving son. 4. On the death of my wife Mrs. E. Sykes I order & direct the sale or conversion of the remainder of my property of all kinds so that itself or its avails after expenses are paid Shall go into the hands of my two sons aforesaid and in case of the death of either into the hands of the survivor. 5. I order & direct in case both of my sons should die before the above mentioned disposition of the property, that the Rev. L. Merrill Miller shall use it as he thinks best for the use of the Presbyterian Church in Ogdensburg & the St. Lawrence Co. Bible Study. The following Boards of the Presbyterian church OS Domestic Mission Foreign Mission Church Extension Board of Publication Bd of Education & Freedmens aid committee. 6. I hereby constitute and appoint my friend the Rev. L. Merrill Miller & my wife Mrs. E. Sykes Executor & Executrix of this my last will & testament hereby re-voking all other former wills by me made. In witness whereof I have hereunto set my hand & seal this 18th day of April A.D. 1867. Ashbel Sykes (L.S.) The above instrument consisting of one sheet was at the above date sub-scribed by the said Ashbel Sykes in our presence & he at the same time declared to each of us that the same was his last will & testament & we at his request in his presence & in the presence of each other have signed our names as witnesses thereto & written our places of residence opposite our names. Roswell G. Pettebone of Ogdensburg New York E. Freeman Ogd. N.Y. Surrogate's Court In the matter of proving the Last WILL and Testament of Ashbel Sykes DECEASED St. Lawrence County, ss: Roswell G. Pettebone & Elizabeth Truman being first duly sworn in open court, upon their several corporal oaths, each for himself, doth depose and say that they are subscribing witnesses to the Last Will and Testament of Ashbel Sykes late of Oswegatchie in the County of St. Lawrence and State of New York deceased. And these deponents do further say, that the said Ashbel Sykes 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 18th day of April A.D. 1867. 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 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. E. Truman Roswell G. Pettebone Sworn & subscribed before me this 22nd day of March 1869. S. Foote Surg. St. Lawrence Co., ss: It appearing from the proofs duly taken in respect to the Last Will and Testament of Ashbel Sykes late of Oswegatchie in the County of St. Lawrence and State of New York deceased; that the said Will was duly executed, and that the said Ashbel Sykes 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 22 day of March A.D. 1869. Stillman Foote, Surrogate