WILL: John Wright; Owego, Tioga co., New York submitted by: John S Dunham (jdunham@twcny.rr.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/tioga/wills/v17/wright-john.txt *********************************************************************** Source: sampubco.com Tioga co NY Will Book Vol. 17 page 449 Written: 21 Oct 1874 Probated: 14 May 1883 Transcribed from SAMPUBCO photocopy by John S Dunham, 16 April 2007 Surnames: WRIGHT, ELY, HULL, COLGAN Last Will and Testament of John Wright, deceased Be it remembered, that heretofore, to wit, on the 22nd day of March in the year of our Lord, one thousand, eight hundred and eighty three, Lucius Wright, sole legatee and devisee named in the Last Will and Testament of John Wright, late of the town of Owego in the County of Tioga deceased, appeared in open Court, before the Surrogate of the County of Tioga, and made application to have the said Last Will and Testament of John Wright, which relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain, by satisfactory evidence, who were the heirs at law and next of kin of the said testator and their respective residences and said Surrogate did thereupon issue a Citation, in due form of law, directed to the heirs at law and next of kin of the said deceased, by their respective names, and said Surrogate issued a notice to the infants herein notifying them of the appointment of a Special Guardian and requiring them to appear before said Surrogate, at his office in the village of Owego, in said County, on the 14th day of May, 1883, to attend the Probate of said Will. And afterwards, to wit, on the 14th day of May A. D. 1883, satisfactory evidence, by affidavit, was produced and presented to said Surrogate of the due service of said Citation, in the mode prescribed by law, and on that day no one appearing to oppose the probate of such Will, such proceedings were thereupon had, in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 14th day of May A. D. 1883, and he thereupon 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: Will I, John Wright of the town of Owego County of Tioga & State of New York, mindful of the uncertainty of human life do make, publish and declare this my last will and testament in the manner following. First. After the payment of my just debts and funeral expenses (and at the date of signing this instrument I know of no debts standing against me), I give and bequeath to my son Lucius Wright all the rest residue and remainder of all my estates both real and personal. Second. I hereby nominate and appoint Charles C. Ely the executor of this my last Will and Testament and hereby authorize and empower him the said Charles C Ely to compound, compromise and settle any claim or demand which may be against or in favor of my estate. In witness whereof, I have hereunto set my hand and seal this 21st day of October in the year eighteen hundred and seventy four (1874) John Wright L.S. Signed, published and declared by the said testator to be his last will and testament in the presence of us who have signed our names at his request as witnesses in his presence and in the presence of each other. Owego, Oct 21, 1874. (signed) F. K. Hull Owego Tioga Co New York (signed) Edward Colgan Owego Tioga NY Decree Admitting Will To Probate At a Surrogate's Court held in and for the County of Tioga at the Surrogates Office in the Village of Owego on the 14th day of May 1883 Present Hon. Charles A Clark, Surrogate In the matter of proving the last will and testament of John Wright, deceased Satisfactory proof having made and filed of the due service of the citation heretofore issued in this matter requiring the proper persons to appear in this Court on the 14th day of May 1883 at ten o'clock in the forenoon of that day and attend the probate of the last Will and Testament of John Wright late of the Town of Owego in the County of Tioga and State of New York, deceased. And on that day no one appearing to oppose the probate of said will and Lucius Wright the petitioner and F K Hull and Edward Colgan the attesting witnesses to the execution thereof having appeared in support of the proof of said will and Henry C Hutton of Owego having appeared and consented in writing to act as the Special Guardian of the minors herein and after hearing the proofs and allegations of the persons appearing as aforesaid and duly deliberating thereon and it appearing therefrom that said Will was duly executed that the testator at the time he executed the same was in all respects competent to make a will and devise real estate and no under restraint. It is Ordered, Adjudged and Decreed, that said Will be and the same is hereby admitted to probate as a will valid to pass real and personal estate and that it be recorded accordingly. (signed) C. A. Clark Surrogate SURROGATE'S COURT In the matter of proving the last Will and Testament of John Wright, deceased Tioga County, ss. F. K. Hull and Edward Colgan, being duly sworn in open Court, upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the Last Will and Testament of John Wright, late of the town of Owego in the County of Tioga and State of New York, deceased. And these deponents do further say, that the said 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 to these deponents, and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 21st day of October one thousand, eight hundred and seventy four. That the said deceased did, at the time of subscribing his name to the said instrument, as aforesaid, declare the same to be his Last Will and Testament, and these deponents did thereupon subscribe their own respective names at the end of 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, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and the 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. That each of these deponents saw the other sign his name to said instrument, in the presence of said deceased. Subscribed and sworn to before (signed) F. K. Hull me this 14th day of May 1883 (signed) Edward Colgan Charles A Clark, Surrogate Tioga County, ss. It appearing, upon the proofs duly taken in respect to the Last Will and Testament of John Wright late of the Town of Owego in the County of Tioga and State of New York, deceased, that the said Will was duly executed, and that the said John Wright 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 14th day of May A. D. 1883. (signed) C. A. Clark, Surrogate.