WILL: Ephraim V. Plucker; Arcade, Wyoming co., NY surname: Plucker submitted by Barbara Macksey (grandmas @ grandmastree.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Barbara Macksey Wyoming co NY Will Book Vol. 17, page 289 At a Surrogate's Court, held at the Surrogate's Office, in the village of Attica in and for the County of Wyoming on the 17th day of March 1893. Present, Andrew J. Lorish, Surrogate In the Matter of Proving the Last Will and Testament of Ephram V. Plucker, 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 17th day of, March 1893 at 10 o'clock in the forenoon, to attend the proof and probate of the last Will and Testament of Ephram V. Plucker late of the town of Arcade in the County of Wyoming and State of New York, deceased, bearing date the 6th day of June 1891, and Polly A. Plucker the executor named in said Will, the petitioner herein, having appeared in person and by G. A. Barnes her 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 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 Ephram V. Plucker, deceased, was duly and properly executed; that the same is genuine and valid and that the said Ephram V. Plucker, 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 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 the proofs taken thereupon, are as follows, that is to say; In the Name of God Amen I, Eaphram V. Plucker of Arcade Wyom Co 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 To my wife Polley A. Plucker all of my property Real and Personal to dispose of as she may see fit without restiction. If any property shall be left at the death of my wife Polley A. Plucker the same after all of her lawful debts shall be paid shall be divided eaqually between my sons John Plucker and Romenzo Plucker. Likewise, I make, constitute and appoint my wife Polly A. Plucker of Arcade Wyoming County N Y to be my executrix of this my last Will and Testament, hereby revaleing all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the sixth day of June, in the year of our Lord one thousand eight hundred and ninety one H. J. McNair His X mark Witness to mark Ephraim V Plucker The above written instrument was subscribed by the said Eaphram V Plucker in our presence and acknowledged by him to each of us; and He at the same time declared the above instrument as 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 written opposite our names our respective places of residence. William McNair (seal) Arcade Wyom Co. N Y George W. McNair (seal) Arcade Wyom Co N.Y. Surrogate's Court - Wyoming County. In the Matter of Proving the Last Will and Testament of Ephraim V. Plucker, Deceased. Wyoming County, ss: George W. McNair of the town of Arcade in said County of Wyoming and state of New York being first duly sworn, in open Court, upon his corporal oaths, doth depose and say that he and William McNair are subscribing witnesses to the last Will and Testament of Ephraim V. Plucker late of the Town of Arcade in the County of Wyoming, and State of New York, deceased. And this deponent further says that the said Ephraim V. Plucker deceased, did, in the presence of this deponent and the said William McNair subscribe his name at the end of the instrument in writing which is now here shown to this deponent, and which purports to be the last Will and Testament of Ephaim V. Plucker the said deceased, and which bears date on the 6th day of June one thousand eight hundred and ninety one in the presence and hearing of this deponent and the said William McNair. 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 this deponent and the said William McNair 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 this deponent believes he was of sound mind, memory and understanding and not under any restraint, and as deponent verily believes in all respects competent to devise real estate; that this deponent and the said William McNair each saw the other sign his name to said instrument in the presence of the said deceased. And this deponent further says that the said William McNair a subscribing witness to said will, is dead Subscribed and sworn to, before me, this 17th day of March, 1893; George W. McNair Andrew J. Lorish, Surrogate In Testimony Whereof, I have hereunto set my hand, this 17th day of March 1893 Andrew J. Lorish, Surrogate.