WILL: Betsey Johnson; Lyons, Wayne co., NY surname: Johnson, Williams submitted by Johnna St Clair (gjclair at optonline.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 3, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.2 Kb ************************************************ Source: sampubco.com Wayne co NY Will Book Vol. N page 307 Written: December 6, 1871 Recorded: March 18, 1873 Wayne County surrogate Court In a matter of proving the last will and testament of Betsy Johnson late of the Town of Lyons in the County of Wayne deceased Be remembered that heretofore to wit: on the 18th day of March and year 1873 Louisa Williams executrix named in the last will and testament of Betsey Johnson late of the Town of Lyons in the said County of Wayne deceased appeared in open court before the Surrogate of said County of Wayne and made an application to have said last Will and testament which relates to 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 none of them appearing to be minors 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 fifth day of May 1873 then next to attend the probate of said will. And afterwards to wit on the said fifth day of May 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 on that day the applicant appeared Samuel J. Cole? And no one appearing to oppose said proceedings were duly adjourned to the 2d day of June 1873 at 10 o'clock AM of that day at the same place and on that day applicant appearing and no one appearing to oppose the probate of such will such proceedings were thereupon afterward had that the surrogate took the proof of said will hereinafter set forth upon the said 2d day of June in the year one thousand eight hundred and seventy three. And the said Surrogate being satisfied upon the said proofs taken that 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 competent to devise real estate and not under restraint did adjudge the said will to be a valid will of real & personal estate and the proofs thereof to be sufficient and did allow the said will proofs and examinations to be recorded. Which said proofs and last will and testament are as follows that is to say: Proofs County of Wayne SS: Ransby Harrington of the town of Lyons in the County of Wayne being duly sworn and examined before Luther M. Norton Surrogate of the said County of Wayne deposeth and saith that he was well acquainted with Betsey Johnson in her lifetime and was present and saw the said Betsey Johnson subscribe her name at the end of the instrument in writing now produced and shown to the deponent bearing date the sith day of December 1871 purporting to be the last will and testament of Betsey Johnson deceased. That the said Betsey Johnson at the time she so subscribed if declared the said instrument to be her last will and testament and requested the deponent and Lucy L. Harrington of Lyons NY to subscribe their names as witnesses to the execution thereof and Whereupon this deponent and Lucy L. Harrington obedient of said request accordingly subscribed our names as witnesses at the end of said instrument in presence of the said Betsey Johnson and of each other. This deponent further said that the said Testator Betsey Johnson at the time she so executed the said will was a citizen of the United Sates and inhabitant of the County of Wayne of full age of sound disposing mind and memory in all respects competent to make a will and not under any restraint. And that the said Will now appears in all respects as when so executed without any alterations obliterations or erasures whatsoever. Sworn to this 2d day of June 1873 before me L. M. Norton Surrogate (signature of) Ransby Harrington County of Wayne SS: Lucy L. Harrington of the town of Lyons in the County of Wayne being duly sworn and examined before Luther M. Norton Surrogate of the said County of Wayne depseith and saith that she was well acquainted with Betsey Johnson in her lifetime and was present and saw the said Betsey Johnson subscribe her name at the end of the instrument in writing now produced and shown to this deponent bearing date the sixth day of December 1871 purporting to be the last will and testament of the said Betsey Johnson deceased. That the said Betsey Johnson at the time she so subscribed it declared the said instrument to be her last will and testament and requested the deponent and Ransby Harrington to subscribe their names as witnesses to the execution thereof. Whereupon the deponent and Ransby Harrington in obedience to said request accordingly subscribed their names as witnesses at the end of said instrument in presence of the said Betsey Johnson and of each other. This deponent further saith that the said Betsey Johnson at the time she so executed the said Will was a citizen of the United States, inhabitant of the County of Wayne of full age and sound disposing mind and memory in all respects competent to make a will. And that said Will now appears in all respects the same as when so execut4ed without any alterations obliterations or erasures whatsoever. Sworn this 2d day of June 1873 before me L. M. Norton Surrogate (signature of) Lucy L. HarringtonWill In the name of God amen. I Betsey Johnson of the town and village of Lyons in the County of Wayne and State of New York being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last Will and testament, that is to say First after all my lawful debts are paid and discharged I give and bequeath unto my step daughter Louisa Williams now the wife of Rev. Samuel Williams all the property of whatever kind of which I shall die lawfully possessed. Second I order and direct that my executrix hereinafter named pay all my just debt funeral and burial charges including a memorial stone equal to and similar to that of my late husband Eli Johnson. Third I do hereby nominate and appoint said Louisa Williams executrix of this my last Will and testament and hereby expressly revoke all other wills by me made. Likewise I make constitute and appoint __________ to be execut__________ of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the sixth day of December in the year of our Lord one thousand eight hundred and seventy one (1871) (signature of) Betsey Johnson The above written instrument was subscribed by the said Betsey Johnson in our presence and acknowledged by her to each of us and she at the same time declared the above instrument so subscribed to be her last will and testament, and each of us at her request have signed our names as witnesses hereto and written opposite our names and respective places of residence. Ransby Harrington of Lyons Wayne County, New York Lucy L. Harrigton of Lyons Wayne County, New York Wayne Count SS: Recorded the preceding last Will and testament of Betsey Johnson deceased as a will of real and personal estate together with the proofs taken in the Court of the Surrogate of Wayne County in relation to the same which record is hereby signed and certified by me pursuant to the provisions of the Revised Statutes of the State this 2d day of June in the year one thousand eight hundred and seventy three.