WILL: Nicholas George, 3rd; Sheldon, Wyoming co., New York surname: George, Hyman, Clinch, Meyer, Kester, becker submitted by Robert Wolff (rwolff @ mn.rr.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: sampubco.com Wyoming co NY Will Book Vol 17 page 349 Written: 31 Mar 1893 Probated: 6 May 1893 Transcribed from SAMPUBCO copy 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 9th day of September, 1889. Present, Andrew J. LORISH Surrogate. In The Matter of Proving The Last Will And Testament of Nicholas GEORGE 3RD 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 heirs-at-law and next of kin of Peter GEORGE, deceased to appear in this court, on the 6th day of May 1893, at 10 o'clock in the forenoon to attend the Proof and Probate of the last Will and Testament of Nicholas GEORGE 3RD late of the Town of Sheldon in the County of Wyoming and State of New York, deceased, hearing date the 31st day of March 1893. And Peter GEORGE and Joseph HYMAN the executors named in said Will, the petitioner herein, having appeared in person in support of the proof of the same: And James E.NORTON the special Guardian duly appointed of Celia GEORGE and Emil GEORGE infants aside of the heirs-at-law and next of kin of said deceased, having appeared for said infants, and no other persons or parties having appeared herein. And witnesses having been examined and proofs taken, and 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 genuiness of said Will, and the validity of its execution; and the probate of said Will 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 Nicholas GEORGE 3RD deceased, Was duly and properly executed, that the same is genuine and valid, and that the said Nicholas GEORGE, 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 the proofs to be sufficient; said last Will and Testament, the proofs taken thereupon, are as follows, that is to say: In the Name of God. Amen. I Nicholas GEORGE 3RD of the town of Sheldon Wyoming County NY of the age of 72 years past 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 to my Children Namely: Peter GEORGE; Elisabeth CLINCH; Martin GEORGE; Sarah MEYER; Joseph GEORGE; Mary HYMAN; Clarah KERSCH; Jacob GEORGE; Frank N. GEORGE; Alouise GEORGE; Hellen GEORGE and Emil GEORGE All of my Real and Personal Estate of what ever name or nature it may be which shall share and share alike; And which either or any of them which has already received from me any money or other valuable thing be deducted from their share so that one receives as much as the other I Also give my executors the Power to sell all my Real Estate to their option for the benefit of my children Likewise I make constitute and appoint my son Peter GEORGE and my son-in-law Joseph HYMAN to be my executors of this my last Will and Testament, hereby revolking all former Wills by me made. In Witness Whereof I have hereunto subscribed my name and affixed my seal, the thirty first day of March in the year of our Lord one thousand eight hundred and ninety three Nicholas GEORGE 3RD [SEAL] The above written instrument was subscribed by the said Nicholas GEORGE 3RD in our presence and acknowledged by him to each of us; and he at the same time declared the above instrument so subscribed to be his last Will and Testament, and we at his request have signed our names as witnesses hereto in his presence and in the presence of each other and opposite our names our respective places of residence. Andrew J. Kester Strykersville Joseph Becker Sheldon, N.Y. Surrogate's Court---Wyoming County. In The Matter of Proving The Last Will And Testament of Nicholas GEORGE 3RD deceased. Wyoming County, SS: Andrew J. Kester and Joseph Becker being first duly sworn, in open court, upon their several corporal oaths, each doth depose and say that they are subscribing witnesses to the last Will and Testament of Nicholas GEORGE 3RD late of the town of Sheldon in the County of Wyoming, and State of New York, deceased. And these deponents do further say, that the said Nicholas GEORGE 3RD deceased did, in the presence of 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 31st day of March one thousand eight hundred and ninety three. That said deceased did at the time of subscribing his name to the said instrument as aforesaid, declare the same to be her last Will and Testament; and these deponents did thereupon subscribe and sign 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 verily believe, in all respects competent to devise real estate; that each of these deponents saw the other so subscribe and sign said instrument as such witness thereto in the presence of said deceased. Subscribed and sworn to me this 6th day of May, 1893 Andrew J. LORISH, Surrogate. Andrew J. KERSTER Joseph BECKER In Testimony Whereof, I have hereunto set my hand, this 6th day of May 1893 Andrew J. LORISH, Surrogate