WILL: Michael Redden; Arcade, Wyoming co., New York surname: Redden submitted by Marsha Redden (irishflower14 @ hotmail.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: sampubco.com Wyoming County, NY Willbook Vol. 7 253 Written: 14 Jan 1869 Probated: 5 Apr 1869 Will of Michael Redden Transcribed from SAMPUBCO copy. Surrogate Court Last Will and Testament of Michael Redden, deceased Be it Remembered, That heretofore, to wit, on the 8th day of February, in the year of our Lord, one thousand eight hundred and sixty nine, John Redden and Daniel Redden, Executors, named in the last Will and Testament of Michael Redden late of the town of Arcade in the county of Wyoming 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 so 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 Michael Redden the said testator by their respective names, stating their respective places of residence, requiring ____ to appear before said Surrogate at his office in the village of Warsaw in said county, on the fifth day of April A.D. 1869, ___ attend the Probate of said will and on said fifth day of April A.D. 1869 it appearing that some of the heirs at law and next of kin of said deceased were minors, having no general Guardian residing within this state, William W. Davis of Warsaw was duly appointed by our Surrogate, Special Guardian foe said minors to appear for and take care of their interest of said minors in the matter of proving said will and said William W. Davis having personally appeared as such special guardian for said minors before any evidence had been taken in the matter of proving said Will. And afterwards, to wit: on the said 5th day of April A.D. 1869, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode described by law, and on that day, no one appearing to oppose the probate of such Will, proceedings were thereupon had in said Court afterwards that the Surrogate took proofs of said Will, hereinafter set forth, upon this 5th day of April A.D. 1869, 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 Michael Redden of the town of Arcade, County of Wyoming and state of 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 Mary Redden the one third of all my real and personal estate during her natural life and at her decease I devise her part of the real estate to my two sons John and Dan Redden to be divided between them, share and share alike. Second- I give and bequeath to my son Peter Redden the sum of $500.00, five hundred dollars. Third- I give and bequeath to my son Michael Redden the sum of $600.00, six hundred dollars. Fourth- I give and bequeath to my son William Redden the sum of $100, one hundred dollars and if my son Wm remains with my son John Redden and does his duty as such until said Wm is twenty one years of age, I then bequeath to my said son Wm the sum of $200.00 extra, making in all $300.00 to my said son William Redden to be paid by John and Dan share and share alike. Fifth- I give and bequeath to my daughter Ann Redden the sum of $400.00, four hundred dollars. Sixth- I give and bequeath to my daughter Margaret the sum of $100.00, one hundred dollars and it expressly understood that the above stated sums is to one and each of my mentioned children is to be in lieu of services rendered as well as money received from one and each at sundry times paid to me since they became of age. Seventh- I give and devise to my son John Redden and my son Dan Redden, their heirs and assigns all that tract or parcel of land situate lying and being in the town of Arcade, county of Wyoming and state of New York is distinguished by the North part of Lot number (10) Ten in said township bounded North of Township number eight in the fourth range sixty-nine chains twenty eight links, East by township number seven in the third range twenty eight chains and eight links. South by a line parallel to the first mentioned boundary sixty eight chains seventy three links and West by lot number twenty, twenty eight chains eight links containing one hundred and ninety three acres and three fourths of an acre be the same more or less together with all the hereditments and appurtenances thereunto belonging or in any wise appertaining to have and hold the premises above described to the said John Redden and the said Dan Redden to be divided equally between them share and share alike and to their heirs and assigns forever. And Eighth- I do hereby order and decree that the aforesaid mentioned legacies to one and each of my said mentioned children shall be paid out of the real estate as above described by my son John Redden and my son Dan Redden shall be borne and paid ??? By each the half share and share alike. And the above mentioned legacies to be paid on or before the first day of January A.D. 1873 with interest annually. And lastly I give and bequeath after my wife Marys dowry of the personal property is reserved to her, I give and bequeath all the rest and residue and remainder of my personal estate goods, chattels of what nature or kind ever to my son John Redden, forever. And I give and bequeath to my son Barney Redden the sum of $5.00 five dollars. Likewise I make, constitute and appoint my sons John Redden and Dan Redden to be executors of this my last will and testament, hereby revoking all former wills by me made. In witness where I have hereunto subscribed my name and affixed my seal the 14th day of January in the year of our Lord, one thousand eight hundred and sixty nine. Michael Redden (L.S.) The above written instrument was subscribed by the said Michael Redden 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 did at his request, have signed our names as witnesses hereto and written opposite our names our respective places of residence. Bernard Redden Residing at Java in Wyoming County James Redden Residing at Java in Wyoming Co. SURROGATE COURT In the matter of proving the last will and testament of Michael Redden deceased. Wyoming County SS Bernard Redden and James Redden of Java in said county being first duly sworn in open, court, upon their several corporeal oaths, each for himself doth depose and say, that they are subscribing witnesses to the last will and testament of Michael Redden late of the town of Arcade in the county of Wyoming and State of New York deceased. And these deponents do further say, that the said Michael Redden deceased, did, in the presence of each of these deponents, (expressly Bernard Redden), subscribe his name (by Bernard Redden) 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 Fourteenth day of January one thousand eight hundred and sixty nine, that said, Bernard Redden did sign said Michael Redden's name at the end of said will in the presence of and at the said request of Michael Redden, the said testator of the aforementioned will. That the said deceased did, at the time of subscribing his name to the said instrument as foresaid, 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 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 sign his name to said instrument in the presence of the said deceased. Sworn and subscribed to this 5th day of April A. D. 1869 before me. Byron Healy surrogate Bernard Redden James Redden 50 cents B.H. ss April 5, 1869 conveyance United States three dollars Manifest