WILL: William H. Perry; Owego, Tioga co., NY
surname: Perry, Degroat, Martin, Perry

submitted by Mary Collins (marlar at usadatanet.net)
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Submitted Date: April 23, 2006
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Source: Sampubco.com
Tioga County, New York Will Book 25 Pages 17
Written: January 29, 1892
Recorded: May 18, 1896

Transcribed From Sampubco Copy By Mary Collins

Page, 17
LAST WILL AND TESTAMENT of  William H. Perry  Deceased.

   BE IT REMEMBERED, that heretofore, on the 18th day of May in the year 1896,
Sarah A. PERRY, the Executrix named the Last Will and Testament of
William H. PERRY  late of the Town of Owego, in the County of Tioga, now
deceased, appeared in open Court, before the Surrogate of Tioga County, and filed
her petition, praying that such instrument be admitted to probate as the Last
Will and Testament of said deceased, and that the proper persons be cited to
attend the probate thereof; and thereupoon the said Surrogate did issue, in due
form of law, a citation to the persons required by law to be so cited, and who
are named in such petiton, requiring them to appear before him, at his office in
the Village of Owego, in said County of Tioga, on the 7th day of July, 1896 to
attend the probate of such will.

And afterwards to wit, on such 7th day of July, 1896, due proof being filed of
the service of such citation,   The proponent appeared by T.B. Oakley and filed
proof of due service of the citation heretofore issued in the matter up on all
parties therein named all parties being of full age and sound mind and no one
opposing; and it  appearing from the affidavit of Sarah A. PERRY the proponent
that one Floyd DeGROAT and one Mattie DeGROAT, children of a deceased daughter of
testator are necessary and proper parties to this proceeding, and they not having
been heretofore cited in this matter, a supplemental citation was issued out of
this court directed to the said Floyd DeGROAT and to the said Mattie DeGROAT,
returnable the 27th day of July, 1896, to which day the matter was adjourned and
on this 27th day of July, the parties appeared as before and filed a duly
executed waiver of service of the supplemental citation from the said Floyd
DeGROAT, and the matter was adjourned to this 31 day of July 1896, when the
parties appeared as before and filed a duly executed waiver of service of the
supplemental citation from the said Mattie DeGROAT;  Chester P.THURSTON and
Henry W.ROWE appeared and testified for proponent and in support of said will as
attesting witnesses to the execution thereof, Sarah A. PERRY having first taken
and filed the statutory oath for executors the Surrogate, in open Court, took the
proofs of such will and did thereupon adjudge the same to be a valid will of real
and personal property, and the proofs thereof to be sufficient, and did admit the
same to probate as the Last Will and Testament of the said deceased, which said
Last Will and Testament and proofs are as follows, to wit:

     I, William H. PERRY of Owego Tioga County New York aware of the uncertainty
of life and being of sound mind and memory, do make, ordain, publish and declars
this instrument to be my Last Will and Testament in manner and form following,
that is to say.

     I give devise and bequeath all my estates and property that I shall own or
have, or in which I shall have any interest at my decease, whether such property
be real, personal or mixed and of whatsoever name or nature and wheresoever
situated to my wife  Sarah A. PERRY for and during the term of her natural life
and no longer, and from and after the decease of my said wife  Sarah A. PERRY, I
give devise and bequeath all of the said property herein mentioned, or such
portion as shall remain to my daughter Lottie A. MARTIN and my son William H.
PERRY share and share alike.

     Should either of my said children die before the decease of my said wife
leaving children of their own the share of such child to go to their children.
that is to say.  Should my daughter Lottie A. MARTIN die before the death of my
said wife leaving children of her own, her share of my said property to go to her
children, and should my son W.H.PERRY  die before the death of my said wife
leaving children of his own, his share of my said property to go to his
children.  And should either of my said children Lottie A. MARTIN or Wm.H.PERRY
die before the death of my said wife without issue, the share of such child to go
to the survivor of them.

     I give devise and bequeath to my said wife  Sarah A. PERRY the power to
lease, exchange, mortgage or sell the whole or any parts or portions of the
property herein above mentioned, she to have full power to use any or all of said
property or the interest, rents or profits thereof for her own benefit and use,
or for the education of my said son Wm H. PERRY.

     And I do hereby make constitute and appoint my said wife Sarah A. PERRY
guardian of my said son Wm. H. PERRY until he shall have reached the age of
twenty one years.

     And I do further make constitute and appoint her the said Sarah A. PERRY
sole Executrix of this my last will and testament hereby revoking all former
wills by me made.

     In witness whereof, I have hereunto set my hand and seal this 29th day of
January A.D. 1892.
                William H. PERRY    L.S.
*Chester P. THURSTON
 Henry W. ROWE

     The above and foregoing written instrument was at the date thereof
susbcribed by the testator William H. PERRY at the end thereof in the presince of
each of us and each of us saw him subscribe the same and the said testator at the
time of making such subscription did declare the instrument aforesaid so by him
subscribed to be his last will and testament and requested each of us to sign his
name at the end thereof as attesting witnesses whereupon each of us has at his
request & in his presence & in the presence of each other signed our names hereto
as such attesting witnesses.
  Chester P. Thurston, Owego, Tioga County, N.Y.
  Henry W. ROWE   Owego, Tioga County, N.Y.          *so in the original

  In the Matter of Proving the Last Will and Testament of William H. PERRY
Tioga County ss. Chester P. THURSTON and Henry W. ROWE being duly sworn in open
Court, upon their several corporeal oaths, each for himself, doth depose and say,
that he is one of the subscribing witness as to the Last Will and Testament of
William H. Perry, 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 William H.
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 29th day of January one thousand eight
hundred and ninety two.

     That 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 witnessess 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 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
31st day of July 1896                           Chester P. THURSTON
     Howard J. MEAD  Surrogate.                 Henry W. ROWE

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 31st day of July 1896.
Present, Hon. Howard J. MEAD  Surrogate.
IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT
       of
WILLIAM H. PERRY

    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 7th day of July, 1896, at ten o'clock in the forenoon of
that day, and attend the probate of the Last Will and Testament of William H.
Perry, late of the Town of Owego in the County of Tioga and State of New York,
deceased,  The proponant appeared by T.B. OAKLEY and filed proof to the  service
of the citation heretofore issued in the matter upon all parties therein named
all parties being of full age and sound mind and none opposing. and it appearing
from the affidavit of Sarah A. PERRY the proponent that one Floyd DeGROAT and one
Mattie DeGROAT, children of a  deceased daughter of testator. are necessary and
proper parties to this proceeding. and they not having been heretofore cited in
this matter, a supplemental citation was issued out of this court directed to the
said Floyd DeGROAT and to the said Mattie DeGROAT returnable the 27th day of
July, 1896, to which day the matter was adjorned, and on this 27th day of July,
the parties appeared as before and filed a duly excuited waiver of service of the
sup. citation from the said Floyd DeGROAT, and the matter was adjourned to this
day, when the parties appeared as before and filed a duly executed waiver of
service of the sup. citation from the said Mattie DeGROAT; Chester P. Thurston
and Henry W. TOWE appeared and testified for proponent and via support of said
will, as attesting witnesses to the excution thereof Sarah A. PERRY having first
taken and filed the statutory oath for executors and after hearing the proofs and
allegations of the persons appearing, 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 the same is hereby admitted to probate as a will valid to
pass real and personal estate, and that the proofs and examinations are hereby
recorded, pursuant to the provisions of the statutes.

AND IT IS FURTHERS ORDERED, that letters testamentary issue thereon.
                                                   HOWARD J. MEAD surrogate.