WILL: Mary Perry; Owego, Tioga co., NY surname: Perry, True, Neally, Nealy, Goodrich, Taylor, Catlin submitted by Mary Collins (marlar at usadatanet.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: April 23, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.5 Kb ************************************************ Source: sampubco.com Tioga County, New York, Will Book Vol. 12 Pages 250 Written: November 10, 1856 Transcribed From Sampubco Copy By Mary Collins *Page 250 Record of the Last Will and Testment of Mary Perry, Deceased. Be it remembered, that heretofore, towit, on the 26th day of September A.D. 1857, Abner T. TRUE, the sole Executor named in the last Will and Testament of Mary PERRY, late of the town of Owego, and County of Tioga, deceased, appeared in open court, before the County Judge and Surrogate of the said county, and made application to have the said last Will and Testament, which related to both real and personal Estate proceed; and on such application the said surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said Testatrix; and their respecive residences; and said Surrogate did, thereupon, inforce a citation in due form of law directed to the said heirs and next of kin, by their respective named, stating their respective places of residence, requiring them to appear before said surrogate, at his office in the Village of Owego, on the 24th day of October, then next to attend the probate of the said Will. And afterwards, towit, on the said 24th day of October, satisfactory Evidence was produced and presented to said Surrogate, of the service of the said citation, in the mode prescribed by law; and on the day no one appearing to oppose the probate of such Will, such proceedings were thereupon had that the surrogate took the proof of said Will hereinafter sat forth, upon this twenty fourth day of October A.D. 1857; and be adjudged the 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 proofs, are as follows, that is to say:- Page 251 WILL In the Name of God-Amen. I. Mary PERRY of Owego in the County of Tioga and State of New York, mindful of the uncertainty of human life, and being weak in body, but of sound mind do, this tenth day of November in the year of Our Lord. Eighteen Hundred and Fifty Six, make and publish this my Last Will and Testament in manner following. First;- I Will and devise that the proper charges and expenses of my sickness, death and funeral be paid and all legal debts be paid out of my Estate. Second:- I bequeath to my Executor, Abner True the sum of two hundred dollars, in trust to pay the same in two years after my decease, to the person, who when the same is payable shall act as Treasurer of the American Missionary Association New York, to be applied under the direction of that Association, to be applied to the Home department. Third:- I give and devise all my Real Estate and a Bond and Mortgage, and all other debts due me equally to my four Sisters. Mrs. Mercy NEALLY; Mrs. Eliza GOODRICH, Mrs. Rhoda TAYLOR, Mrs. Miriam CATLIN, and my brother Abner T. TRUE, and to the heirs of my brother James TRUE, deceased. Ann TRUE and George TRUE. To Mrs. Mercy NEALY one sixth part-To Mrs. Eliza GOODRICH one sixth part-To Mrs. Rhoda TAYLOR one sixth part- To Mrs. Miriam CATLIN one sixth part- To Abner T. TRUE one sixth part. To Anna TRUE, one twelfth part- To George TRUE one twelfth part. The portion willed to Ann TRUE and George TRUE to be put at interest by the Adminstration of my will, to be paid to them at the age of twenty one years, principal and interest. Finally:- I do hereby appoint my Brother Abner T. TRUE Exceutor of this my last Will and Testament, and I do hereby revoke and anvil every Will and Testament made by me of whatever date or character it may be. Mary Perry Seal The above instrument, consisting of one sheet of paper now her subscribed by Mary PERRY, the Testatrix, in the presence of each of us, and was at the same time declared by her to be her last Will and Testament, and we at her request sign our names hereto as attesting witnesses. Owego Tioga County N.Y. Jas HUTCHINSONS Owego Tioga County N.Y. Geo: STONE. Page 252 Surrogate's Court County of Tioga In the matter of proving the Last Will and Testament of Mary PERRY, Decreased County of Tioga P- James HUTCHINSON of the Town of Owego in the County of Tioga being duly sworn and examined before, Stephen STRONG County Judge and Surrogate of the said County of Tioga doth depose and say, that that he was well aquainted with Mary PERRY late of the town of Owego in the County of Tioga now deceased; that he was present as a witness and did see the said Mary PERRY subscribe her name at the end of the instrument in writing now produced and sworn to this deponent, bearing date the 10th day of November A.D. 1856. perporting to be the last will and testament of the said Mary PERRY deceased. That the said Mary PERRY at the time of making the said subscription, declared the said instrument to be her last Will and Testament, and requested this deponent to sign his name as a witness thereto: Thereupon in persuance of such request, this deponent accordingly signed his name as a witness at the end of the said instrument in the presence of the said Mary PERRY. This deponent further says, that the said Mary PERRY, at the time he so excuted the said instrument, was a citizen of the United States, of full age, of sound mind and memory, in all respects competent to devide real Estate, and not under restraint, and that this deponent says George STONE sign the said instrument at the end thereof as a witness thereto in the presence of the said Mary PERRY and at her request. Sworn and Subscribed this 24th day of Octobr A.D. 1857 James HUTCHINSON Before me, Stephen STRONG, County Judge and Surrogate of Tioga County Surrogated Court County of Tioga In the Matter of Proving the Last Will and Testament of Mary PERRY deceased. County of Tioga p: George STONE of the town of Owego, in the County of Tioga, being duly sworn and examined before Stephen STRONG, County Judge and Surrogate of the said County of Tioga, doth depose and say, that he was well acquainted with Mary PERRY late of the town of Owego, in the County of Tioga now deceased; that he was present as a witness and did see the said Mary P.253 PERRY subscribe her name at the end of the instrument in writing, now produced and shown to this deponent, bearing date the 10th day of November A.D. 1856. perporting to be the last Will and Testament of the said Mary PERRY deceased: That he said Mary PERRY, at the time of making the said last Will and Testament, and requested this deponent accordingly signed his name as a witness at the end of thesaid instrument in the presence of the said Mary PERRY. This deponent further says, that the said Mary PERRY at the time she so executed the said instrument was a citizen of the United States, of full age, of normal mind and memory, in all respects competent to divide real Estate, and not under restraint and that this deponent saw James HUTCHINSON sign the said instrument at the end thereof as a witness thereto in the presence of the said Mary PERRY, and at her request. Swaorn and Subscribe at this 24th day of October George STONE A.D. 1857. Before me, Stephen STRONG County Judge and a Surrogate of Tioga County County of Tioga P:- It appearing upon the proofs duly taken in respect to the last Will and Testament of Mary PERRY late of the town of Owego in said County of Tioga deceased, that the said will was duly executed, and that the said Mary PERRY, at the time she executed the smae, was in all respects competant to devide real Estate and not under restraint, the said last will and testament, and the said proofs and examinations are hereby recorded, signed and certified by me, persuant to the provisions of the Revised Statutes this 24th day of October A.D. 1857. Stephen Strong, County Judge and Surrogate