WILL: Nicholas Bartz Sr.;  Sheldon, Wyoming co., NY 
surname: Bartz Sr., Jacoby, Conrad

submitted by William Brew (bbrew at paradigmenv.com) 
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.org/copyright.htm

http://www.usgwarchives.org/ny/nyfiles.htm

Submitted Date: September 27,2005
This file has been created by a form at http://www.genrecords.org/nyfiles/
File size: 5.4 Kb
************************************************
Source: Sampubco.com
Wyoming co NY Will Book Vol. 19 page 517
Written: September 29, 1893
Recorded: December 20, 1897

   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 20th day of December 1897.
                          Present Hon. Myron E. Bartlett Surrogate

In the matter of proving the Last Will and Testament of Nicholas Bartz Sr. 
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, to appear in this Court on the 20th day of
December 1897 at 10 o'clock in the forenoon, to attend the proof and probate
of the last Will and Testament of Nicholas Bartz Sr. late of the town of
Sheldon in the County of Wyoming and State of New York, deceased, bearing date
the 29th day of September 1893, and Nicholas Bartz the executor named in said
Will, the petitioner herein, having appeared in person and by John L.
Woodworth his attorney, in support of the proof of the same:

And J.H. Herman the Special Guardian, duly appointed of Nicholas Jacoby, Kate 
Jacoby, and Henry Jacoby infants interested in this matter, 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 the said Nicholas Bartz Sr. 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:

                    Last Will and Testament

I Nicholas Bartz Sr. of the age of 89 years of the Town of Sheldon County of 
Wyoming and State of New York, 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 direct the payment of my just debts, if any.

Second - I do give, devise, and bequeath to my wife Elizabeth Bartz during the 
term of her natural life the free use of all my personal property of every
name nature and kind and wheresoever the same may be.

After the decease of my said wife Elizabeth the remainder of my property to be 
divided among my children in the manner following.

I give, devise and bequeath to my son Michael Bartz the sum of five ($5.00) 
dollars I having already paid him his share. The remainder of my property to
be divided equally share and share alike among my following named children
Peter Bartz, Nicholas Bartz, John Bartz, Elizabeth "Bartz" Jacoby, Katherine
"Bartz" Conrad. Also the children of my daughter Maria "Bartz" Jacoby to have
one equal share with my children Peter, Nicholas, John, Elizabeth, Katherine.

Likewise, I make, constitute and appoint my son Nicholas Bartz to be sole 
executor of this, 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 twenty-ninth day of September in the year of our Lord one thousand eight-
hundred and ninety three.
                               Nicholas Bartz Sr.  (seal)

The above partly written and partly printed instrument was subscribed by the 
said Nicholas Bartz Sr. 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.

Frank Deheck residing at Sheldon, NY
Edward Leefort residing at Sheldon, NY

Subscribed and sworn to, before me, this 20th    Frank Deheck (signed)
   day of December, 1897}                        Edward Leefort (signed)

     Myron E. Bartlett (signed)   Surrogate.


In testimony whereof, I have hereunto set my hand, this 20th day of December
1897.

                                         Myron E. Bartlett (signed) Surrogate