WILL: George W. Cook; Middlesex, Yates co., New York

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Source: Yates Co. New York Will Book Vol. J page 417
Written: 10 Oct 1874
Probated: 18 Jan 1875

Yates Surrogate Court
In the matter of Proving the
Last Will and Testament
Of George W. Cook - deceased.,

Be it remembered, that heretofore, to-wit, on the 24th day of November 1874
Eliza Jane Cook, one of the executors named in the Last Will and Testament of
George W. Cook, late of the town of Middlesex, in the 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 the said testator, and their respective residences and ages, and said
Surrogate did thereupon issue a citation (NI DUX) 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 the said
Surrogate at his office in the Village of Penn Yan, in said County of Yates on
the 18th day of January, then next to attend the probate of said will.

And afterwards, to-wit, on the last above named day    satisfactory evidence
by affidavit was produced and presented to said Surrogate of the serving of
the 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
and afterwards, that the Surrogate took the proof of said will hereinafter set
forth upon this 18th day of January 1874, and he adjudged the said will to be
a valid will of real and personal estate, and the proofs thereof 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 George W. Cook of the town of Middlesex in the County of Yates 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, the residue of my estate, real and
personal, I give, bequeath and dispose of as follows to wit; To my beloved
wife all of my personal and real estate now possessed by me during the term of
her natural life, and if it shall be necessary for her support to sell as much
as may be necessary for her support her natural life and the expenses of her
decent buryal out of either of the personal or real estate, and after her
death I give, bequeath and devise all the rest, residue and remainder of my
real and personal estate to my children now living or to their heirs who may
be living at the time of her decease to be divided as follows to my son David
A. Cook two thirds and to my daughter Hannah M. Fisher one third of all the
real or personal estate remaining after the death of my wife Eliza Jane Cook
and if my daughter Hannah M. Fisher shall not have any living children at her
death then after her death I give and bequeath what her share may be to my son
David A. Cook. Likewise I make, constitute and appoint my wife Eliza Jane Cook
and Thompson J. Hawley to be executors 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 affix my seal the
second day of October in the year of our Lord one thousand eight hundred and
seventy four.

George W. Cook

The above written instrument was subscribed by the said George W. Cook in out
presence and acknowledged by him to each of us and he at the same time
published and declared the above instrument so subscribed to be his last will
and testament and we at the testators request and in his presence have signed
our names as witnesses hereto and written apposite our names our respective
places of residency,

Wesley Wagar, Middlesex, Yates County N.Y.
Harvey W. Tyler Middlesex, Yates County, N.Y.

Surrogate's Court
In the matter of proving
The last will and testament of
George W. Cook deceased
Yates County, s.s.

Wesley Wagar and Henry W. Tyler, both of Middlesex in said County, being first
duly sworn in open court, upon their several corporeal oaths, each for
himself, doth depose and say that he is a subscribing witness to the last will
and testament of George W. Cook late of the town of Middlesex in the County of
Yates and State of New York, deceased. And these deponents do further say,
that the said George W. Cook, deceased, did, in the presence of each of these
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 second day of
October one thousand eight hundred and seventy four, 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 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 upwards 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 say the other
sign his name to the said instrument in the presence of the said deceased.

Wesley Wagar

Henry W. Tyler
Sworn and subscribed to before
Me the 18th day of January 1875

J. A. Oliver Surrogate

State of New York
Yates County s.s.
It is hereby certified, that at a Surrogate 's Court, duly held in and for
said County of Yates, on the 18th day of January 1875, the Last Will and
Testament of George W. Cook, late of Middlesex, 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 as such
last will and testament as a will of real and personal estate; and that said
will and the proofs and examinations taken in respect to the same have being
duly recorded in said Surrogate 's Office; and it is further certified that
Letters Testamentary were on the 18th day of January 1875 then granted to
Eliza Jane Cook and Maxwell S. Holly (named in the Will of said deceased
Thompson J. Hawley) Executors appointed in and by said will they having taken
and subscribed the oath required by law, as such executors.

In testimony Whereof the said Surrogate has hereunto subscribed his name, and
affixed his seal of office. J. A. Oliver Surrogate

State of New York
Yates County s.s.
It appearing upon the proofs duly taken in respect to the last will and
testament of George W. Cook, late of Middlesex, in said county, deceased, that
the said George W. Cook died at Middlesex on or about the fourteenth day of
November in the year 1874; that the said will was duly executed; and that the
said George W. Cook 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 thereon, are hereby
recorded in my office, and are signed and certified by me, pursuant to
statute, this 18th day of January 1875.

A. Oliver Surrogate