WILL: Martin Andrus; Perry, Wyoming co., New York surname: Andrus, Cole, Billings submitted by Mic Andrus (MicAndrus at prodigy.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: Surrogate's Court Wyoming Co NY Will Book Vol. 16 page 545 Written: 19 Jun 1888 Probated: 21 Mar 1892 At a Surrogate's Court, held at the Surrogate's Office, in the Village of Warsaw, in and for the County of Wyoming, on the 21st day of March, 1892, A.D. Present, Hon. Andrew J. LORISH, Surrogate. In the Matter of Proving the Last Will and Testament of Martin ANDRUS, Deceased. Satisfactory proof by affidavit having been made and filed of the due service of the citation heretofore issued in this matter, duly requiring the legatees heirs-at-law and next of kin to appear in this Court, on the 21st day of March, A.D. 1892, at 10 o'clock in the forenoon to attend the Proof and Probate of the last Will and Testament and a codicil thereto of Martin ANDRUS, late of the Town of Perry in the County of Wyoming and State of New York, deceased, bearing date the 29th day of March 1881 and Henry E. ANDRUS and Columbus P. ANDRUS, the executors named in said Will, the petitioners herein, having appeared in person and by B. C. ROUP, their attorney in support of the proof of the same and no other persons or parties having appeared herein, and witnesses having been examined and proofs taken, and the said Surrogate having heard the proofs and allegations of the parties, and mature deliberation being had thereon, and the Surrogate having inquired particularly into all the facts and circumstances, and being satisfied of the genuineness of said Will and codicil and the validity of its execution; and the probate of said Will and codicil not having been contested: It is Adjudged and Decreed, That said instrument in writing, purporting to be the last Will and Testament of the said Martin ANDRUS, deceased, was duly and properly executed, that the same is genuine and valid, and that the said Martin ANDRUS, deceased, at the time of executing the same, was in all respects competent to make a last Will and Testament, and to devise real estate, and was not under any restraint, or undue influence. And this Court doth further Order and Decree, that the said last Will and Testament and codicil thereto, and the proofs and examinations taken in respect to the same, be recorded, and that the said instrument be admitted to probate, and that the same be and hereby is established as a Will valid to pass real and personal estate, and the said proofs to be sufficient; which said last Will and Testament and codicil thereto, and the proofs taken thereupon, are as follows, that is to say: I, Martin ANDRUS of Perry, Wyoming County, NY being of sound mind and memory do make, publish, and declare this my last Will and Testament in manner following, that is to say: 1st I give and bequeath to my son, Henry E. ANDRUS, the sum of three thousand dollars ($3,000). 2nd I give and bequeath to my daughter, Clara ANDRUS, the sum of three thousand dollars ($3,000). 3nd I give and bequeath all the rest, residue, and remainder of my property remaining after the payment of the specific legacies aforementioned, after paying all my debts and funeral expenses, to my four children, Eugene H. ANDRUS, Fred M. ANDRUS, Henry E. ANDRUS, and Clara ANDRUS, to be divided among them equally, excepting therefrom. 4th I give my daughter, Clara ANDRUS, my piano, also household furniture I give to my son, Henry ANDRUS and Clara ANDRUS to be divided to them equally. 5th I give to my son, Eugene H. ANDRUS and Fred M. ANDRUS, my silverware that formerly belonged to their mother to be divided between them equally share and share alike. 6th I hereby nominate and appoint Henry E. ANDRUS and Columbus P. ANDRUS, executors of this my last Will and Testament. 7th I hereby authorize and empower my said executors at any time to sell and dispose of my real estate at their discretion and convert the same into money or other securities and for that purpose to make contracts and execute conveyances necessary for the proper disposition of the same. 8th I hereby revoke all former Wills by me made. In witness whereof, I have hereunto set my hand and seal this 29th day of March 1881. Martin ANDRUS [seal] The above instrument consisting of one sheet was at the date thereof, signed, sealed, published, and declared by the said Martin ANDRUS as sealed for his last Will and Testament in presence of each other have subscribed our names as witnesses thereto. Joseph E. COLE N. H. BILLINGS Whereas, I Martin ANDRUS, of the town of Perry, County of Wyoming and State of New York have made my Last Will and Testament in writing bearing date March 29, 1881 in and by which I have given and bequeathed one part of the residue and remainder of my estate to my son Fred M. ANDRUS. Now therefore I do by this my writing which I hereby declare to be a codicil to my said last Will and Testament and to be taken as a part thereof, order and declare that my will is that no part of the residue and remainder of my estate shall be given to Fred M. ANDRUS, but the interest of the sum shall be given to his wife, Eva ANDRUS during her natural life and at her decease, the amount shall be given to her daughter, Grace ANDRUS. In witness whereof, I have hereunto set my hand and seal this 19th day of June 1888. Martin ANDRUS [seal] The above instrument consisting of one sheet was at the date thereof signed, sealed, and declared by the said Martin ANDRUS as and for a codicil to his last Will and Testament in presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses thereto. Joseph E. COLE N. H. BILLINGS Surrogate's Court - Wyoming County In the Matter of Proving the Last Will and Testament of Martin ANDRUS, Deceased. Wyoming County, ss. Joseph E. COLE and Norman H. BILLINGS, of the town of Perry in said county, being first duly sworn, in open court, upon their several corporal oaths, each for himself doth depose and say that they are subscribing witnesses to the last Will and Testament of Martin ANDRUS, late of the town of Perry in the County of Wyoming and State of New York, deceased. And the deponents do further say that the said Martin ANDRUS, 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 March, one thousand eight hundred and eighty-one. 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 witnesses 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 upward 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 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. Joseph E. COLE N. H. BILLINGS Subscribed and sworn to before me this 21st day of March 1892. Andrew J. LORISH, Surrogate Surrogate's Court - Wyoming County. In the Matter of Proving the Last Will and Testament of Martin ANDRUS, Deceased. Wyoming County, ss: Joseph E. COLE and Norman H. BILLINGS of the town of Perry in said county, being first duly sworn in open Court, upon their several corporal oaths, each for himself doth depose and say that they are subscribing witnesses to the codicil to the last Will and Testament of Martin ANDRUS late of the Town of Perry in the County of Wyoming, and State of New York, deceased. And the deponents do further say, that the said Martin ANDRUS, 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 a codicil to the last Will and Testament of the said deceased, and which codicil bears date on the 19th day of June, one thousand eight hundred and eighty-eight. That said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to be a codicil to 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 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 upward 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 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. Joseph E. COLE N. H. BILLINGS Subscribed and sworn to, before me, this 21st day of March, 1892. Andrew J. LORISH, Surrogate. In testimony whereof, I have hereunto set my hand, this 21st day of March, 1892. Andrew J. LORISH, Surrogate. (Note: Full name was Ephraim Martin Andrus, b. 22 Feb 1811 in Shaftsbury, VT, d. 3 Feb 1892 in Perry, NY. If you are related to this family, I would like to hear from you. Thanks, Mic Andrus)