WILL: James King; Arcade, Wyoming co., NY
Surname: King, Halligan, Roache

submitted by Marsha Redden (irishflower14 @ hotmail.com)
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Transcribed from SAMPUBCO copy by Marsha Redden

Last Will and Testament of James King
NY-Wyoming County- Volume # 9-Pages 397-400

     Be it remembered, that therefore, to wit: On the 5th day of June in the
year of our Lord one thousand eight hundred and seventy-six, WILLIAM DEENEY
DOLE, Executor named in the last will and testament of JAMES KING late of the
town of Arcade in the county of Wyoming and State of New York, deceased,
appeared in open court, before the Surrogate of the County of Wyoming and
State of New York, 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 JAMES
KING 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 24th day of July A.D. 1876; to
attend the Probate of said Will, and on said 24th day of July A.D. 1876, it
appearing that some of the heirs at law and next of kin of said testator were
minors having a general guardian residing within the state, CHARLES J. GARDNER
of Warsaw of said county was duly appointed special guardian of CAROLINE
HALLIGAN, JAMES HALLIGAN, PATRICK HALLIGAN, MARGARET ROACHE and MARY ROACHE,
minors heirs at law of said testator to appear for and take care of the
interests of said minors in the matter of proving said will and said CHARLES
J. GARDNER having appeared as such special guardian before any evidence had
been taken ??????  matter of proving such will.

And afterwards, to wit: on the 24th day of July A.D. 1876, 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 in 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, hereinafter set forth, upon this 24th day of July A.D. 1876, 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, JAMES KING, 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 and 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, MARGARET KING, and devise 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 Township no. seven in the third range
of said townships, and is distinguished by part of Lot-no. 15 in said
Township. Bounded by land deeded to JOHN DENVER or DEWER, twenty-five chains
seventy-seven links. East of Lot No. 7, twelve chains, 64 links south and
southerly by land deeded to JOHN SCHOENER, westerly by the center of a
highway, containing thirty-seven acres. Be the same more or less during the
time of her natural life.

     2nd-I give and bequeath all the rest, residue and remainder of all my
personal estate goods and chattels of what nature of kind soever, to my wife
MARGARET KING, to be used and enjoyed by her during the term of her natural
life. And from and immediately after her decease all of the above described
Real Estate, and all the balance of all the personal property-to my son FRANK
KING, forever.

     3rd I give and devise and bequeath all of the above described real and
personal property-immediately after the decease of my wife MARGARET KING to my
son FRANK KING together with all the hereditaments and appurtenances,
thereunto, belonging or in any wise appertaining to have and to hold the
premises above described to the said FRANK KING, heir, heirs and assigns
forever.

     4th I do request and order my Executor herenafter appointed by me to
erect and put up in Arcade Burying Ground a respectable grave stone. Also a
respectable grave stone in the above mentioned burying ground as soon as
convenient after one and each of our decease with one grave stone for each of
us.

     5th I do request and order my executor to get and have six low masses
celebrated and paid for one and each of us after one and each of our decease,
with six for myself and six for MARGARET KING, my wife.

     6th I do request and order my executor to have these masses said as
above stated for my son JAMES KING, lately deceased also three masses for my
son THOMAS KING also deceased.

     7th and lastly:
Also three masses for my daughter MARY HANNAGAN also deceased.
Likewise, I make, constitute and appoint my friend, WM. DEENEY, to be 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 2nd day of December in the year of our Lord, one thousand eight-
hundred and seventy four.
     James X King   
           Mark

The above written instrument was subscribed by the said JAMES KING 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 witness hereto, in
our presence and in the presence of each other and written opposite our names,
our respective places of residence.
WM. DEENEY     residing at    Java in        Wyoming County
CHARLES CLARK            Arcade         Wyoming Co.
PETER DARDIS   residing  in Arcade Wyoming Co.


In the matter of Proving the Last Will and Testament of
JAMES KING     deceased

Wyoming County-ss. WM. DEENEY, CHARLES CLARK and PETER DARDIS
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 JAMES KING, late of the town of Java in
the County of Wyoming and State of New York, deceased. And these deponents do
further say, that the said JAMES KING, deceased, did, in the presence of these
deponents, subscribe at the end thereof, 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 2nd day of
December, one thousand eight hundred and seventy four. That the said deceased
did, at the time of subscribing to the said instrument, at the end 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 deponent believes 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.
Subscribed and sworn this 24th day of
July A.D. 1876 before me B. HEALY Surrogate.