WILL: Theodore Dickinson; Arcadia, Wayne co., New York surname: Dickinson submitted by Denise Mills (dmills at pon.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: sampubco.com Wayne co NY Will Book vol. I page 337 Written: 4 May 1857 Probated: 4 Jun 1861 Wayne County, New York Arcadia I-337 Theodore Dickinson of Arcadia Probated 22 July 1861 Wayne County Surrogate Court ____________________________________ On the matter of proving the last will } And testament of Theodore Dickinson } Late of the town of Arcadia in the County } of Wayne, deceased } Be it Remembered, that heretofore, to wit: on the 4th day of June in the year 1861, Betsy Dickinson, Executrix named in the last will and testament of Theodore Dickinson late of the town of Arcadia in the said County of Wayne, deceased, appeared in open court before the Surrogate of the said County of Wayne and made application to have the said last will and testament 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 and next of kin of the said testator and their respective residences and all of them appearing to be of full age, the said Surrogate did thereupon issue a citation in due form of law directed to the said heirs and next of kin by their respective names, stating their respective places of residence, requiring them to appear before the said Surrogate at his office in Lyons in said County, on the 22nd day of July then next to attend the probate of said will. And afterwards to wit: on the said 22nd day of July 1861 satisfactory evidence by affidavit was produced and presented to the said Surrogate, of the service of the said citation in the mode prescribed by law and that on that day the applicant appeared in person and no one appearing to oppose the probate of such will, such proceedings were thereupon afterwards had that the said Surrogate took the proof of said will hereinafter set forth upon the said 22nd day of July in the year 1861: and the said Surrogate being satisfied upon the said proofs taken, st?? the said will is genuine and valid, and was duly executed, and that the said testator at the time of executing the same was in all respects completed to devise real estate and not under restraint, did adjudge the said will was a valid will of real and personal estate, and the proofs thereof to be sufficient and did allow the said will proofs and examination to be recorded, which said proofs and last will and testament are as follows, that is to say: PROOFS County of Wayne ss: Luther M. Norton of the town of Arcadia in the County of Wayne, being duly sworn and examined before Lyman Sherwood Surrogate of the said County of Wayne, deposeth and saith, that he was well acquainted with Theodore Dickinson in his life time and was present and saw the said Theodore Dickinson subscribe his name at the end of the instrument in writing now produced and shown to this deponent bearing date the 4th day of May 1857, purporting to be the last will and testament of the said Theodore Dickinson, deceased. That the said Theodore Dickinson at the time he so subscribed it declared the said instrument to be his last will and testament and requested this deponent and John E. Robinson of Arcadia aforesaid to subscribe their names as witnesses to the execution thereof. Thereupon this deponent and the said John E. Robinson in obedience to said request, accordingly subscribed their names as witnesses at the end of said instrument, in the presence of the said Theodore Dickinson and of each other. This deponent further saith, that the said Theodore Dickinson at the time he so executed the said instrument was a citizen of the United States, an inhabitant of the County of Wayne, of full age, of sound disposing mind and memory, in all respects competent to devise real estate and not under any restraint. And that said will now appears in all respects as when so executed without any alteration, obliteration or erasure whatsoever. Sworn this 22 day of} July 1861, before me} Luther M. Norton Lyman Sherwood, Surrogate County of Wayne ss: John E. Robinson of the town of Arcadia in the County of Wayne being duly sworn and examined before Lyman Sherwood Surrogate of the said County of Wayne deposeth and saith, that he was well acquainted with Theodore Dickinson in his life time and was present and said the said Theodore Dickinson subscribe his name at the end of the instrument in writing now produced and shown to the deponent bearing date the 4th day of May 1857, purporting to be the last will and testament of the said Theodore Dickinson, deceased. That the said Theodore Dickinson at the time he so subscribed it declared the said instrument to be his last will and testament and requested this deponent and Luther M. Norton of Arcadia aforesaid to subscribe their names as witnesses to the execution thereof. Thereupon this deponent and the said Luther M. Norton in obedience to said request accordingly subscribed their names as witnesses at the end of said instrument in presence of the said Theodore Dickinson and of each other. This deponent further saith that the said Theodore Dickinson at the time he so executed the said instrument was a citizen of the United States, inhabitant of the County of Wayne, of full age, of sound disposing mind and memory, in all respects competent to devise real estate and not under any restraint. And that said will now appears in all respects as when so executed without any alteration, obliteration or erasure whatsoever. Sworn this 22 day of} July 1861, before me} John E. Robinson Lyman Sherwood, Surrogate WILL I, Theodore Dickinson of Newark in the County of Wayne and State of New York for the just disposition of my estate do make and ordain this my last will and testament as follows, that is to say: I give to my wife Betsey Dickinson all of the property which I own at the time of my death both real and personal, that she may do with the same as she sees fit to do. And I do hereby appoint my said wife Betsey Dickinson my sole executrix of this my last will and testament, wishing her to pay my funeral charges and all debts that may be against me at the time of my death. In testimony whereof I have hereunto subscribed my name the 4th day of May 1857. Theodore Dickinson The above instrument containing one sheet of paper was subscribed by the above named testator Theodore Dickinson in our presence and in the presence of each of us and he at the same time declared it to be his last will and testament and requested us to sign our names as subscribing witnesses thereto. Luther M. Norton - Newark, County of Wayne, State of New York John E. Robinson - Newark, County of Wayne, State of New York County of Wayne ss: Recorded the preceding last will and testament of Theodore Dickinson deceased as a will of real and personal estate together with the proofs taken in the Court of the Surrogate of the County of Wayne relating to the said last will and testament which record is hereby signed and certified by me pursuant to the ?? of the ?? Statutes this 22 day of July 1861. Lyman Sherwood, Surrogate