WILL: Emily M. Washburn; Attica, Wyoming co., New York
surname: Washburn, McCord, Beldon, Spann, Daboll

submitted by Jeanne Allan (kekolo @ olywa.net)
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Source: 
Wyoming Co Will Book Vol. 12 page 533
Written: 2 May 1874
Probated: 23 Apr 1883 

ABSTRACT

May 2, 1874: Emily M WASHBURN of Attica, Wyoming Co, NY writes her will,
leaving her estate to her two sons, Clinton F. A McCORD and Charles T. McCORD,
naming her friend John BELDON as executor. Will is witnessed by Henry SPANN of
Attica Wyoming Co NY and John L DABOLL of Attica Wyoming Co NY.
April 9, 1883: John BELDON presented will for probate to Bryon HEALY Surrogate
April 23, 1883 Will proved

TEXT OF PROBATE RECORDS
Wyoming Wills Vol. 12 Page 533

At a Surrogate's Court, held in and for the County of Wyoming, at Warsaw, in
the said County on the 23rd day of April 1883. Present, Byron HEALY,
Surrogate.

In the Matter of Proving the Last Will and Testament of
Emily M. WASHBURN, deceased.

Be it Remembered, That, heretofore, to wit, on the ninth day of April in the
year of our Lord one thousand eight hundred and eighty three, John BELDEN the
executor named in the last will and testament of Emily M WASHBURN, late of the
town of Attica in the county of Wyoming and state of New York, deceased,
appeared in open court, before the Surrogate of the County of Wyoming and
State of New York, made application to have the said Last Will and Testament,
which related to Real and Personal Property proved and on such application the
said Surrogate did ascertain by satisfactory evidence who were all the heirs
by 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 all the heirs at law and next of kin of said Emily M WASHBURN, deceased, by
their respective names, requiring them to appear before said Surrogate at his
office in the Village of Warsaw in the said County on the twenty third day of
April AD 1883 to attend the Probate of said Will.

And afterwards to wit on the 23rd day of April AD 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 23rd day of April AD 1883 and it appearing
upon the proofs duly taken in respect to the said Last Will and Testament of
said Emily M WASHBURN, deceased, that the said Will was duly executed, and
that said Emily M WASHBURN was, at the time of executing it, in all respects
competent to make a Will, and not under any restraint:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the said Will to be and the
same is hereby admitted to Probate as a Will valid to pass Personal and Real
property, and the proofs to be sufficient: which said Last Will and Testament
and proof are as follows, that is to say

I Emily M WASHBURN of Attica, Wyoming County, New York do hereby make publish
and declare this my last will and testament in manner and form following that
is to say:

First. I order and direct that all my just debts and funeral charged be paid
as soon after my decease as conveniently may be
Second. I give devise and bequeath to my two sons, Clinton F A McCORD

And Charles T McCORD and to their respective heirs and assigns forever. All
the rest reside and remainder of my estate and effects both real and personal
which shall remain after payment of my debts and funeral charges to be equally
divided between them share and share alike.

Lastly. I do hereby nominate and appoint my friend John BELDEN of Attica
aforesaid sole executor of this my last will and testament, and hereby revoke
all and every former will and wills by me at any time made.

In witness whereof I have herewithto set my hand and seal this 2nd day of May
1874.

Emily M. WASHBURN (LS)
Signed sealed published and declared by the testatrix Emily M. WASHBURN as and
for her last will and testament in presence of us, who at her request and in
her presence and in the presence of each other have hereunto subscribed our
names as witnesses.

Henry SPANN of Attica Wyoming Co. NY

John L DABOLL of Attica Wyoming Co NY

SURROGATE'S COURT - Wyoming County
IN THE MATTER OF PROVING THE LAST WILL AND
TESTAMENT OF
Emily M. WASHBURN, Deceased.

WYOMING COUNTY, SS Henry SPANN and John L DABOLL
Being first duly sworn in open court, upon their several corporeal oaths, each
for himself doth depose and say, that they are subscribing witnesses to the
last will and Testament of Emily M. Washburn late of the town of Attica in the
County of Wyoming and State of New York, deceased. And these deponents do
further say that the said Emily M. Washburn, deceased, did, in the presence of
each of these deponents, subscribe her 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
2nd day of September, on thousand eight hundred and seventy four: that the
said deceased did at the time of subscribing her name to the said instrument
as aforesaid, declare the same to be her 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 her presence and in the presence of each
other. That the said deceased, at the time of so subscribing her name to said
instrument as aforesaid, and publishing said instrument as aforesaid, was
upward of twenty-one years of age and a citizen of the United States, that she
appeared to be, and deponent believes she 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 the said
deceased. And deponents further say that Clinton F A McCORD, Charles T. McCORD
and Jerome B WASHBURN are all upwards of twenty one years of age.
Subscribed and sworn, this 23rd day} Henry SPANN
Of April ad 1883 before me } John L DABOLL
B HEALY Surrogate

The Probate of this Will was not contested.
IN TESTIMONY WHEREOF, I have hereunto set my hand, this 23rd day of April 1883

Byron HEALY Surrogate