WILL: Phebe Holmes; Gainesville, Wyoming co., New York
surname: Holmes, Black, Taber, Jemnigo

submitted by Robert Wolff (rwolff at mn.rr.com)
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Source: 
Wyoming co NY Will Book Vol 17 page 581
Written: 19 April 1892
Probated: 23 April 1893

Will of Phebe HOLMES, Wyoming Co, NY
Author: R. Wolff
Classification: Will

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 23rd day of April 1894

Present, Andrew J. LORISH, Surrogate.

In the Matter of Proving The Last Will And Testament of Phebe HOLMES,
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. Next of kin, and all persons in being, who take an interest in
any portion of the real or personal property of said deceased under the
provisions of the said last Will and Testament, and the executor and trustee
named therein to appear in this court, on the 9th day of April 1894 at 10
o'clock in the forenoon to attend the proof and probate of the last Will and
Testament of Phebe HOLMES late of the town of Gainesville in the County of
Wyoming and State of New York, deceased, bearing date the 19th day of April
1892, and Volney HOLMES the executor named in said Will, the petitioner
herein, having appeared in person in support of the proof of the same:

And said matter having been duly adjourned to this 23rd day of April 1894.

And Edward M. JEMNIGO the Special Guardian, duly appointed, of Edward HOLMES
and Volney HOLMES, said to be infants heirs-at-law, and next of kin of said
deceased, having appeared for 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 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 Phebe HOLMES, deceased, was duly and
properly executed; that the same is genuine 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 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 Will and Testament,
and the proofs taken thereupon, are as follows, that is to say:


The Last Will and Testament
Of Phebe HOLMES of the town of Gainesville County of Wyoming and State of New
York.

I Phebe HOLMES do make, ordain, publish and declare this to be my last Will
and Testament, in manner and form
Following, that is to say:
First I give and bequeath to my son Volney HOLMES all my real and personal
estate, subject to the care, support, and maintenance of my daughter Martha
HOLMES
Likewise, I make, constitute and appoint my son Volney HOLMES to be executor
of this, my last Will and Testament, and I hereby revoke all former wills by
me made.
In Witness Where of I have hereto subscribed my name and affixed my seal the
19th day of April in the year of our Lord One Thousand eight hundred and
ninety two
Phebe HOLMES [seal]

The foregoing instrument was at the date thereof subscribed Phebe HOLMES the
testator therein named, in presence of us and each of us she at the time of
making such subscription acknowledges that she executed the same, and declare
the said instrument is subscribed by her to be her last Will and Testament.
Whereupon we, at her request and in her presence, and in the presence of each
other, do here subscribe as witnesses thereto.

A. H BLACK residing in Silver Springs, N.Y.
A. E. TABER residing at Silver Springs, N.Y.


Surrogate's Court---Wyoming County.

In The Matter of Proving The Last Will And Testament of
Phebe HOLMES deceased.

Wyoming County, SS: Augustus E. TABER and Albert H. BLACK 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
Phebe HOLMES late of the town of Gainesville in the county of Wyoming, and
State of New York, deceased. And these deponents do further say, that the said
Phebe HOLMES 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 19th of April one thousand eight hundred and ninety two.

That 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 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 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 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 23rd day of April, 1894
Andrew J. LORISH Surrogate.

Augustus E. TABOR
Albert H. BLACK


In Testimony Whereof, I have hereunto set my hand, this 23rd day of April 1894
Andrew J. LORISH Surrogate