WILL: Adam Struble; Milo, Yates co., NY surname: Struble, Matthews, Raplee, Pettingill submitted by Susan Austin (susanaustin @ hotmail.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Will of Adam Struble of the town of Milo in Yates Co., NY Yates co NY Will Book Vol. H page 106 Written: 25 Feb 1867 Probated: 18 Nov 1867 Yates Surrogates Court In the matter of Proving the Last Will and Testament of Adam Struble, deceased Be it remembered That heretofore to-wit, on the 18th day of November in the year One thousand eight hundred and sixty seven Morgan Struble and William Pettingill, Executors named in the last will and testament of Adam Struble late of the town of Milo in said County of Yates, deceased, appeared in open Court, before the Surrogate of the County of Yates, and made application to have the said last will and testament, which relates to real and personal estate, proved: and on such application the surrogate did ascertain by satisfactory evidence who were the widow, heirs and next of kin of said testator, and their respective residences and ages: and said Surrogate did thereupon issue a citation in due form of law, directed to the said widow, heirs and next of kin by their respective names, stating their respective places of residence, requesting them to appear before that said Surrogate at his Office in the village of Penn Yan in said County of Yates, on the sixth day of January then next to attend the probate of said will, -- And afterwards, to-wit, on the said sixth day of January, satisfactory evidence by affidavit, was produced and presented to said surrogate of the 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 afterwards the Surrogate took the proof of said will hereinafter set forth on the 6th day of January in the year One thousand eight hundred and sixty eight: and he adjudged the said to be a valid will of real and personal estate, and the proof thereof to be sufficient: which said last will and testament, and proofs, are as follows, that is to say: WILL I, Adam Struble of the town of Milo in the County of Yates and the State of New York, aged 82 years and upwards, do hereby make, publish and declare this my last will and testament in manner following that is to say, First, I give and devise to my wife Mary the use and enjoyment of my home farm containing about 70 acres of land in the said town of Milo so long as she remains my widow. Second , I give and bequeath to my said wife all such articles of personal property as she may choose and select out of all my personal property exempt by law from execution. Third - The above devise and bequest to my wife shall be in lieu and instead of all her other claims upon and rights to my estate real and personal as my widow or otherwise. Fourth, I direct and authorize my Executors hereinafter named as soon after my decease as they reasonably can to sell, convey and convert into money, my house and lot in Dundee also the ten acre lot in Milo bought by me of Garret S. Ayres and the remainder of my personal estate not chosen by my said wife, and pay off all my just debts, my funeral expenses and the expenses of a suitable monument at my grave, and pay the balance to my children, and grandchild hereinafter named pro rata upon the legacies hereinafter given to them respectively Fifth, I direct and authorize my said executors as soon after the marriage or death of my said wife as they resonably can to sell, convey and convert the said home farm into money and apply the net avails thereof, to the payment of the unpaid balances of the said legacies to my said children and grandchild. Sixth, I give to each of my said children, Moses Struble, Henry Struble, Levi Struble, Sydney Struble, Ira Struble, Morgan Struble, Louisa Matthews, Elizabeth Raplee & Eleanor Pettingill the sum of four hundred dollars + to my grandson Adam Struble the sum of one hundred dollars, to be paid to them out of the avails of my said estate aforesaid - Seventh, I give and bequeath all the rest, residue and remainder of my estate to my said nine children to be paid over to them by said Executors and divided between them equally share and share alike. Eighth, If any of my said children shall contest this my said will either before the Surrogate or at law then I revoke the legacy given to said child and the same shall be by my said Executors paid over to the other of my children and divided between them equally - Lastly I nominate and appoint my son Morgan Struble and my son-in-law William Pettingill the executors hereof. In testimony whereof I have hereunto set my hand and seal this 25th day of February 1867. his Adam X Struble mark Witnesses H. G. Wolcott Dundee Yates Co N.Y. A. Maltby “ “ “ “ “ Yates Surrogate Court In the Matter of Proving | the Will of | Adam Struble, ded. | ____________________ Yates County, ss: Hiland G. Wolcott being duly sworn and examined before the Surrogate of the County of Yates doth depose and say, that he resides in the town of Starkey in said County : that he knew Adam Struble deceased in his life time: that the instrument now shown to this deponent and bearing the date the 25th day of February 1867, purports to be the last will and testament of said deceased : that deponent saw the said deceased subscribe the same at the end thereof by making his mark: that at the time of such subscription the said deceased declared the said instrument to be his last will and testament: that such subscription and declaration were made in the presence and hearing of deponent and that thereupon, at the request of said deceased, and in his presence deponent subscribed his name as a witness there to; and that said deceased when he so executed the said instrument, was a citizen of the United States, of full age and sound mind and memory and not under and restraint Sworn and Subscribed before H. G. Wolcott me this 6th day of Jany 1868 William S. Briggs - Surrogate Yates County, ss: Augustus Maltby being duly sworn and examined before the Surrogate of the County of Yates, doth depose and say, that he resides in the town of Starkey in said County: that he knew Adam Struble, deceased in his life time: that the instrument now shown to this deponent and bearing the date the 25th day of February 1867, purports to be the last will and testament of said deceased: that deponent saw the said deceased subscribe the same at the end thereof by making his mark : that at the time of such subscription the said deceased declared the said instrument to be his last will and testament : that such subscription and declaration were made in the presence and hearing of deponent, and that thereupon at the request of said deceased and in his presence deponent subscribed his name as a witness thereto, and that said deceased when he so executed the said instrument, was a citizen of the United States, of full age and sound mind and memory and not under any restraint Sworn and Subscribed | before me this 6th day of Augustus Maltby January 1868 | William S. Briggs - Surrogate State of New York | Yates County ss | It is hereby certified that at a Surrogates Court duly held in and for said County of Yates on the 6th day of January 1868 : the last will and testament of Adam Struble late of the town of Milo in said County deceased (being the annexed written instrument-) was duly proved before the Surrogate of said County according to law, and by him duly admitted to probate at such last will and testament, as w will of real and personal estate : that said last will and the proofs and examinations taken in respect to the same, have been duly recorded in the said Surrogates Office In Testimony Whereof, the said Surrogate has hereunto subscribed his name and affixed his seal of office the day and year aforesaid. L.S. William S. Briggs Surrogate State of New York | Yates County ss | It appears upon the proffs(sic) duly taken in respect to the last will and testament of Adam Struble late of the town of Milo in said County, deceased that the said Adam Struble died at the said town of Milo on or about the 22d day of October in the year 1867: that the said will was duly executed: and that the said Adam Struble at the time he published and executed the same was in all respects competent to devise real estate and to bequeath personal property, and not under restraint: the said proofs and examinations and the said last will and testament, with the certificate of probate hereon, are hereby recorded in my Office, and are signed and certified by me, pursuant to statute this sixth day of January 1868 W S Briggs Surrogate