WILL: Alvenus Torrey; Wethersfield, Wyoming co., NY Surname: Torrey, submitted by Patricia Tharp (p_tharp @ hotmail.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 photocopy by Patricia Tharp Wyoming co NY Will Book Vol. 18 page 309-312 The Last Will and Testament of Alvenus Torrey Will executed 7 October 1892 Will proved 15 April 1895 SURNAMES: Torrey, Moore, Botsford 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 15th day of April 1895. Present, Andrew J. Lorish, Surrogate IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF ALVENUS TORREY 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 widow, heirs-at-law, next of kin to appear in this Court, on the 15th day of April 1895 at 10 o'clock in the forenoon, to attend the proof and probate of the last Will and Testament of Alvenus Torrey late of the town of Wethersfield, in the County of Wyoming and State of New York, deceased, bearing the date the 7th of October 1892 and James H. Moore, the executor, named in said Will, the petitioner herein, having appeared in person, in support of the proof of same: And George W. Botsford the Special Guardian, duly appointed, of Ethel Torrey, Grace Torrey and Albert Eugene S_____[?], infants, 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 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 said Alvenus Torrey deceased, was duly and properly executed; that the same is genuine and valid and that the said Alvenus Torrey 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 examination taken in respect to the same, be recorded; and that the said instrument be admitted to probate; and that the same be and hereby 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: The Last Will and Testament of Alvenus Torrey of the town of Wethersfield, County of Wyoming, and State of New York: I, Alvenus Torrey aware of the uncertainty of life, do make, ordain, publish and declare this my last Will and Testament, in the manner and form following, that is to say: After the payment of my funeral charges, the expenses of administering my estate, and my lawful debts, I give, devise, and bequeath my property as follows: First: I give and bequeath to my wife Emily Francis Torrey the use, occupation, and enjoyment of all my property both real and personal during her natural life. Second: I give and devise to my children, Warren Torrey, George Torrey, Ethel Torrey, and Grace Torrey two hundred dollars each. Third: The rest and residue of all my property I give to be equally divided between my children, Rollin Torrey, Warren Torrey, George Torrey, Ethel Torrey, and Grace Torrey. Likewise, I make, constitute and appoint James H. Moore of Java, Wyoming County, New York, to be executor of my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the seventh day of October in the year of our Lord, one thousand eight hundred and ninety two. Alvenus Torrey (seal) The above-written instrument was subscribed by the said Alvenus Torrey 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 written opposite our names our respective places of residence. Lyman S. Torrey, North Java, New York Edwin L. Torrey, North Java, New York Surrogate's Court---Wyoming County IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF Alvenus Torrey Deceased Wyoming County, SS Lyman S. Torrey and Edwin L. Torrey being 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 Alvenus Torrey late of the Town of Wethersfield in the County of Wyoming, and State of New York, deceased. And these deponents do further say that the said 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 7th of October one thousand eight hundred and ninety two. 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 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 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 so subscribe and sign said instrument as such witness thereto in the presence of the said deceased. Subscribed and sworn to, before me, this 15th Day of April 1895 Andrew J. Lorish Surrogate Lyman S. Torrey Edwin L. Torrey In Testimony Whereof, I have hereunto set my hand, this 15th day of April 1895. Andrew J. Lorish, Surrogate