MILTON BURNAP WILL, WYOMING, NEW YORK

Copyright (c) 2000 by Rhonda Brown (RJBrown1973@yahoo.com
).

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SURROGATE'S COURT

Last Will and Testament of Milton Burnap

Be it remembered, That heretofore, to wit. On the 13th day of September in the year of 
our Lord one thousand eight hundred and sixty seven, Cyrus Burnap, one of the executors 
named in the last Will and Testament of Milton Burnap, late of the town of Castile in the 
County of Wyoming and State of New York deceased, appeared in open Court, before the 
Surrogate of the County of Wyoming and made application to have the said Last Will and 
Testament which relates to both Real and Personal Estate, proved and on such application 
the said Surrogate, did ascertain, by satisfactory evidence, who were the Widow, heirs at 
law and next of kin of the said testator and their respective residences

And said Surrogate did thereupon issue a Citation in due form of law, directed to the 
Widow, heirs at law, and next of kin of said Testator by their respective names, stating 
their respective places of residence, requiring them to appear before said Surrogate at his 
office in the Village of Warsaw in said County, on the twenty eighth day of September 
AD 1868 to attend Probate of said Will.

And afterwards, to wit, on the said 28th day of September AD 1868, satisfactory evidence 
by affidavit was produced and presented to said Surrogate, of the due service of said 
Citation in the mode prescribed by law, and on that day, no one appearing to oppose the 
Probate of such Will, such proceedings were thereupon had in said Court afterwards that 
the Surrogate took the proofs of said Will hereafter set forth upon this 28th day of 
September AD 1868, and he thereupon adjudged the said Will to be a valid Will of Real 
and Personal Estate and the proofs to be sufficient, which said Last Will and Testament 
and proofs are as follows, that is to say

WILL

In the name of God Amen.  I Milton Burnap of Castile in the County of Wyoming and 
the State of New York at the age of sixty years and upwards and being of sound mind and 
memory but conscious of the uncertainties of life do make, p8ublish and declare this my 
last Will and Testament in manner following, that is to say:

First, I give and devise to my son Milton Burnap Jr. All that certain piece or parcel of 
land situate lying and being in lot number sixty seven of Elisha Johnson's subdivision of 
the Cottringer's tract in the County of Wyoming Bounded as follows – that is to say, On 
the South by South line of the said lot, on the East by land heretofore conveyed to Walter 
Little, On the West by fifty acres heretofore conveyed to William Campbell Jun and on 
the North by a center line by Rufus G. Bowman, being also the south line of thirty five 
acres and forty five hundredths of an acre heretofore conveyed to Andrew Cole, the piece 
hereby intended, contains thirty five acres and forty five hundredths of an acre as 
surveyed by Rufus G. Bowman, being the piece of land conveyed to me by Pores P. 
Printon and Wife by deed bearing date January 7th, 1853 and recorded in the Wyoming 
County Clerk's Office on the 7th day of February 1854 at 2 O'clock P.M. in Liber 20 of 
Deeds on page 82.

Second, All the rest, residue and remainder of my estate both real and personal of every 
name, nature and kind whatsoever remaining after the payment of my just debts, funeral 
expenses, and the costs and charges of executing this my Last Will and Testament, I give, 
devise and bequeath to my wife, Loretta Burnap during her natural life for her support 
and maintenance the same to be received by her in lieu of all _____ in my estate.

Third, I hereby empower and authorize my executors hereinafter named by and with the 
advice and consent of my said wife in their discretion to sell, dispose of and convert into 
cash, any or all the property above not apart for the use of my said wife and to invest such 
proceeds on good security for the use and support of my said wife during her natural life 
as aforesaid.

Fourth, At the decease of my said wife Loretta out of all the rest, residue and remainder 
of property that shall then remain unconsumed of my estate, I first give and bequeath to 
my son Milton Burnap Jr. the sum of five hundred dollars.

Fifth,  All the rest, residue and remainder of my estate remaining at the decease of my 
said wife and the payment of the legacies above provided, I give, devise and bequeath to 
my three children named Cyrus Burnap, Milton Burnap Jr. and Harriet A. Marsh to be 
divided equally among them, share and share alike.

And lastly, I hereby nominate and appoint my sons Cyrus Burnap and Milton Burnap, Jr. 
to be the executors of this my Last Will and Testament hereby revoking all former wills 
by one made.

In testimony whereof I have hereunto set my hand and seal this 24th day of August AD 
1868

Milton Burnap

The above instrument consisting of three pages was on the day of the date thereof signed, 
sealed, published and declared by the said Milton Burnap as and for his Last Will and 
Testament in presence of us who at his request and in his presence and in the presence of 
each other have subscribed our names as witness thereto.

H.W. Smith, residing at Castile, Wyoming County, New York
William H. Thayer, residing at Castile, Wyoming County, New York


SURROGATE'S COURT

In the matter of Proving the last Will and Testament of Milton Burnap

Wyoming County, SS
Harrison W. Smith and William H. Thayer of the town of Castile, in said County being 
first duly sworn in open County, upon their several corporeal oaths, each for himself doth 
depose and say, that they are subscribing witnesses to the Last Will and Testament of 
Milton Burnap late of the town of Castile in the County of Wyoming and State of New 
York deceased.  And these deponents do further say, that the said Milton Burnap 
deceased did in the presence of each of the 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 
twenty fourth day of August, one thousand eight hundred sixty-eight.

That the 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 their own respective names at the end of said instrument, as attesting 
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 sign his name to said instrument in 
the presence of the said deceased.
H.W. Smith
William H. Thayer

Sworn and subscribed before me this 28th day of September AD 1868
Byron Healy, Surrogate

It appears on the proofs duly taken in respect to the Last Will and Testament of Milton 
Burnap late of the town of Castile in the County of Wyoming and State of New York, 
deceased, that the said Will was duly executed, and that the said Milton Burnap at the 
time be executed the same was in all respects competent to devise real estate, and not 
under restraint, the said Last Will and Testament and the proofs and examinations are 
hereby recorded, signed and certified by me pursuant to the provisions of the Revised 
Statutes, this 28th day of September AD 1868.
Byron Healy, Surrogate