WILL: Hiram Perry; Owego, Tioga co., NY surname: Perry, Armstrong, Perry, Shoultes, Shoults, Pearson submitted by Mary Collins (marlar @ usadatanet.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 12, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.9 Kb ************************************************ Source: SAMPUBCO Tioga Co. New York, Will Book; Vol. 19, Page 425 Written: October 1 1881 Recorded: April 12 1886 Transcribed by Mary Collins I HIRAM PERRY of the Town of Owego County of Tioga & State of New York considering the uncertainty of time here and being favored with a sound mind and memory do hereby make publish and declare this to be my last will and testament as follows that is to say First- After the payments of my lawful debts if any and my funeral expenses I give and bequeath to my Daughter MARY E. PERRY - All that certain piece or parcel of land situated in Owego aforesaid & known as my homestead farm Bounded and described as follows on the North by lands owned by Albert Goodenow, on the East by the Center of the highway known as the Apalachin Highway on the South by the center of the Highway leading from this Apalachin Highway to Milton Hill on the West by lands owned by the said Albert Goodenow above mentioned supposed to contain fourteen acres of land more or less to have and to hold the same forever together with all the livestock, wagons ,Harnesses , Hay, grain and farm produceand farm tools of every description that may be in and about said premises at the time of my death to have & to hold the same forever. I also further give and bequeath to my said Daughter MARY E. PERRY all my household furniture of every name and nature whatsoever for her to have and to hold the same forever, If the above mentioned property is claimed by the said MARY E. PERRY under this will it must be in leiu of all claimes of every name and nature that the said MARY E. PERRY may have against me at the time of death my said Daughter MARY E. PERRY is to have possession of all the above mentioned property immediately after my death. SECOND I give and bequeath to my two sons ORLANDO W. PERRY and ROMANZO W.PERRY the sum of five Hundred Dollars each to be paid to them within one year after my death by my Executor herein after oppointed with lawful interest from the date of my death. THIRD I give and bequeath to my sister CHAROLETTE PERRY the sum of One hundred dollars payable to her within one year after my death with lawful interest from my death. Fourth I give and bequeath to my three daughters EMALINE C. ARMSTRONG, ELVIRA J.PEARSON and SARAH SHOULTS the sum of three hundred Dollars each to be paid to them within one year after my death with lawful interest from the date of my death. The said three Hundred Dollars bequeathed to my Daughter ELVIRA J. PEARSON is to be in lieu of any claims that she may have against me. Fifth All the rest and residue of my property of every name and nature I give and bequeath to my six children ORLANDO W. PERRY, ROMANZO W.PERRY, MARY E. PERRYEMALINE C. ARMSTRONG, SARAH SHOULTES & ELVIRA J. PEARSON to be equally divided between them share & share alike, I order & direct that if my property at the date of my death should not hold out the full sums I have mentioned for each one they are to all share alike in the loss in proportion to the sums bequeathed them with the exception of my Daughter MARY E. PERRY which is by no means included. Lastly I do hereby nominate and appoint my son inlaw WILLIAM ARMSTRONG sole Executor of this my last will & testament with full power to him to do & perform anything herein decided to be done. In testimony whereof I have hereunto set my hand and seal & publish and declare this & this only to be my last will and testament in presence of the witnesses named below this first Day of October One Thousand Eight Hundred and Eighty one. HIRAM PERRY LS THe foregoing instrument in one Sheet was signed sealed & declosed by the said HIRAM PERRY as and for his last will and testament in presence and in the presence of each other have subscribed our names as witnesses hereto this first Day of October 1881 JOHN HOLMES Residing in Owego Tioga County LUCY DRAKE Residing in Owego Tioga County Last Will and Testament of Hiram Perry Deceased Be it remembered, that heretofore, to wit, on the 3rd. day of March in the year of our Lord, one thousand eight hundred and Eighty six WILLIAM ARMSTRONG the Executor named in the last will and testament of Hiram Perry 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 Hiram Perry, which relates to both Real and Personal Estate, proved;r 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 theupon 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, requiring them to appear before said Surrogate, at his office in the village of Owego in said County,on the 12th day of April 1886, to attend the Probate of said Will. And afterwards, to with, on the 12th day of April A.D. 1886 satisfactory evidence, by affidavit, was produced and presented to said Surrogate of the law service of said Citation in the mode prescribed by law, and on that day on one appearing to oppose the probate of such Will such preceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 12th day of April. A.D. 1886 and be thereupon adjudged the will to be a valid will of real and personal estate, and proofs therof to be sufficient, which said last will and testament and proofs, are as follows, that is to say: In the Matter of Proving the last will and testament of Hiram Perry deceased. Tioga County,ss. JOHN HOLMES and LUCY THROOP, formaly LUCY DRAKE being duly sworn in open Court, upon their several corporeal oaths for himself & herself doth depose and say, that he & she is a subscribing witness to the last will and testament of HIRAM PERRY late of the town of Owego in the County and the State of deceased, and these deponents do further say, that the said HIRAM PERRY 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 1st day of October one thousand eight hundred and Eighty one. 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 the presence of each other. That the said deceased, at the time of 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 deponents believe he was of sound mind, memory and understanding, and not under restraint, and, as deponent 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 me, this 12 day of April 1886 LUCY THROOP, JOHN HOLMES CHARLES E. PARKER, Surrogate At a Surrogate's Court, held in and for the County of Tioga at the Surrogate's Office in the Village of Owego, on the 12th day of April 1886. Present, Hon. CHARLES E. PARKER Surrogate. In the Matter of Proving the Last Will and Testament of HIRAM PERRY Deceased. Satisfactory proof having been made and presented of the due service of the citation heretofore issued in this matter, requiring the proper persons to appear in this Court, on the 12th day opf April 1886, at ten o'clock in the forenoon of that day, and attend the probate of the last Will and Testament of HIRAM PERRY 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 WILLIAM ARMSTRONG the Executor thereof, and JOHN HOLMES & LUCY THROOP formaly LUCY DRAKE the attesting witnesses to the execution thereof, having appeared in support of the proof of said will and after hearing the proofs and allegation of the persons apearing, as aforesaid, and duly deliberating thereon; and it appearing 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 not under restraint. IT IS ORDERED, ADJUDGED and DECREED, that the said WIll be, and same is hereby, admitted to probate as a Will valid to pass real and personal estate, and that the proofs and examinations are recorded, pursuent to the provisions of the statutes, this 12 day of April 1886. CHARLES E. PARKER, Surrogate Additional Comments: Elvira J. Pearson, was Elvira J. Personeus.