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Note: [Hoopers Main -A.GED]
Last Will and Testament of JOHN HOOPER
The last will and testament of John Hooper of the village of Geneva in the County of Ontario, State of New York.
First I JOHN HOOPER aged Seventy Seven years and upwards do make and publish and declare this my last will and testament as follows;
Second I direct that the expenses of my last sickness and of my funeral shall be paid in preference to any devise or legacy herein contained.
Third I give and devise to my daughter JANE EARL, wife of JESSE EARL who now resides in the County of Kalamazoo in the state of Michigan for and during her natural life, the remainder lots of land described as follow to wit: "All those certains tracts of parces of land situated in the county of Kalamazoo aforesaid and designated as follows, The southwest quarter of Section Number Thirty Four /34/ in Township number 2 south of Range number 10 west containing one hundred and sixty acres. The east half of the south east quarter of Section Number Thirty Three /33/ in Township and Range aforesaid containing eight acres. The north half of the northwest quarter of Section Number Three in Township number (snith?) of Range Ten west, containing eighty three and a half acres of land. The South East Quarter of North West quarter, and South half of the North East Quarter of Section Four in Town Three South of Range Ten West containing one hungred and twenty acres. The South West Quarter of the South East Quarter of Section Number 10 /10/ in Township Three South of Range Ten West, containing forty acres. The East half of North West Quarter of Section 15 in Township Two South of Range Ten West, containing eighty acres. The South West Quarter of Section Thirty Three in Township Two South of Range Ten West, containing one hundred and sixty acres, and the North half of the South East Quarter of Section nunber Three in Township Three South of Range Ten West containing eighty five acres and 8/100 of an acre. The said several pieces containing together eight hundred and eight and fifty eight hundreds of an acre of land. And from and after the decease of my said daughter JANE EARL and subject to her life estate there-in, I give and devise the land in this clause described to the children of my said daughter JANE, who shall then be living, and to the descendants of such of them as shall have died leaving descendants an equal portion, that is, such descendants to take the share to which their ancestor would have been entittled if living.
Forth I give and bequeath to my Grandson JOHN EARL son of JESSE EARL Three Hundred Dollars to be paid him one year after my decease, out of my personal estate. And in case of his death before being entittled to the payment of the legacy herein be deemed to have lapsed, and shall form a part of my personal estate.
Fifth I give and devise to my Grandson ROBERT HOOPER, JR, son of ROBERT HOOPER, one hundred acres of land described as follows: "All that certain piece or parcel of land being in the County of Kalamazoo and State of Michigan, hereon and described as follows to wit: The South West Quarter of the South West Quarter, and North West Quarter of the South West Quarter of Section number Four /4/ in Town Three /3/ South Range Ten West containing Seventy Six and Sevinty Four Hundreds acres. All twenty three and twenty six one hundreds acres off from the East end of the South half of the North East Quarter of section number Five /5/ in Town Three /3/ South of Ten West being in all One Hundred acres of land acording to the United State Survey. "In case there is found to be any incumberance against the land above described and devised by way of mortage or otherwise at the time of my decease, I direct that the same shall be fully paid and cancelled by my executor out of my personal estate. Sixth I will and direct that One Thousand Dollars of my personal estate be invested in good bonds and mortgages on real estate in the name of my executor and in that capacity, and that the interest arising from such investment shall be paid to my said daughter JANE EARL, who shall then be living and the descendants of such of them as shall have died, in equal portions, that is, such descendants being the share only to which their ancestor would be entittled if living,
Seventh I will and direct that the income arising from ten shares of the Capital Stock in the Auburn and Rochester Rail Road Company be paid by my executor as often as dividends are inable upon said stock to my son JAMES HOOPER during his life; and after his death the said stock shall be sold, and the proceeds there of shall be equally divided among the children of the said JAMES HOOPER menation and the decendants of such of them as shall have died in equal portions. And in the case of the death of the said JAMES HOOPER without leaving any children or children having surving, then the said stock shall be deemed a part of my personal estate, and shall be distributed as divided in respect to the residue of my personal estate not herein otherwise disposed of.
Eighth I give and bequeath to the children on my son ROBERT HOOPER, One Hundred Dollars each.
Ninth In respect to the residue of my estate both real and personal and herein otherwise disposed of, I will and direct that at the expiration of one year after my death, the same shall be equally divided among my three children ROBERT HOOPER, JANE EARL wife of JESSE EARL and JAMES HOOPER, and such of them as shall then living and the descendants of such of them as shall have died, in equal portions, that is, such descandants taking the share only to which their ancestor would be entittled if living. Lastly I appoint my son ROBERT HOOPER and my friend Williams Wilson Executors of this my last will and testament. In witness thereof, I have hereunto set my hand this Twenty Eight Day of October 1843--------------------
JOHN HOOPER The above instrument consisting of one sheet was subscribed by JOHN HOOPER the testator in our presence, and was declared by him to be his last will and testament, and we at his request and in his presence have signed our names hereto as Witnesses: EDWIN BARNARD residing in Geneva,Ontario,NY ROBERT E MURRAY residing in Geneva,Ontario,NY In a Surrogate Court held at the Surrogate's Office at the town of Canairdaigna in and for the county of Ontario, State of New York, on the January 17, 1844, Present
ORSON BENJAMIN Surrogate In the matter of proving the last will and testament of JOHN HOOPER late of the town of Seneca in the County of Ontario, State of New York, deceased, to attend the proof of the last will and testament of the said deceased on this January 1, 1846, having been duty served according to law, an appears by affidavit therewith files in this office, and ROBERT HOOPER and WILLIAM WILLSON who are sworn inated in the said will as executors thereof now here appearing and desiring to have the said will proved and admitted to probate, and no cause being shown on appearing to the contriary. It is ordered that the proof of the said will be now taken, and the said surrogate now have proceeds to hear and take the proofs of the said will, which proofs will appear in and by the following depositions that is to say; EDWIN BARNARD a subscribrix interes to the said will being produced and sworn on the part of the executors, certifies as follows vie. I EDWIN BARNARD reside at the village of Genevia in the County of Ontario, State of New York, and aged thrity five years, and I'm a Watch Maker by trade. I was well acquainted with JOHN HOOPER late of the said village deceased. He died in the month of November last, age Eighty years and upwards according to the best of my judgement. On or about the Twenty Eighth day of October 1843 I saw him execute the instrument now here shown to me of that date as and for his last will and testament. It was in the Shop of Murray & Hooper. I saw him subscribe his name at the end of the said instrument as the same now appears & heard him declare the said instrument to be his last will & testament, and thereupon ROBERT E MURRAY and myself by the request of the testator subscribe our respective names to the said will, as wittnesses in the presence of the testator who was at that time in the enjoyment of tolerable good health. His mind & memory were unmparied, he acted freely and voluntarily in what he did, without sentaiut, & he was in all upbeat in my opinion competent to make his will & devise real estate.
EDWIN BARNARD ROBERT E MURRAY being produced by the executors & sworn, testifies as follows to wit: I ROBERT E MURRAY reside in the village of Geneva in the County of Ontario in the State of New York, I am aged thirty two years and am a Tailor by Trade, I'm as well acquinated with JOHN HOOPER of the place aforesaid in his life time. On or about the October 28, last he carried into out shop and while there executed the instrument now here shown to me of the late aforesaid, as and for his will. I saw the said JOHN HOOPER subscribe his name to the said will at the and as the same now appears, and heard him declare the said instrument to be his last will and testament; and thereupon EDWIN BARNARD and myself by the request to the testator subscribed our respective names as witness, in the presence of the testator. The said JOHN HOOPER although aged about seventy eight years upwards at that time in tolerable health, and his mind and memory were good for a man of his age, & he acted freely and voluntarily in what he did without restraint. The said will was drawn by NATHAIN BLOOD an attorney at law, as I understood and should judge by the hand writing of the will, and bought to our shop by the testator, but not read in my presence or hearing at that time. I believe he carried the will away with him------ The said will is now in the same condition as when executed, to the best of my belief.
ROBERT E MURRAY Subscribed & sworn in open court this January 17, 1844, before me ORSON BENJAMIN, Surrogate
ROBERT HOOPER being sworn testifies as follows to wit: JOHN HOOPER late of the town of Seneca in the County of Ontario, Sate of New York, deceased, was my fathe. He died on the November 11, 1843 at my home where he resided. His last will and testament was soon after its execution delivered to my wife by him, sealed up in an envelope for safe keeping, and it was kept by my said wife until after my faters death when I broke open the envelope for the purpose of showning the will to my brother who lives in Niagara county & was about to return home. The said will was kept by me safely until I delivered the same to the Surrogate of Ontario County for the purpose of being proved, in the same condition as it was when I broke the seal of the envelope and as it now appears.
ROBERT HOOPER Subscribed & sworn in open Court this January 17, 1844, ORSON BENJAMIN, Surrogate ----- Thereupon, I the said Surrogate upon the foregoing proofs being satisfied of the geniuness and validity of the said will, do order that it be admitted to probate and together with the foregoing proofs be recorded.
ORSON BENJAMIN, Surrogate I certify that the foregoing will of JOHN HOOPER deceased, relating to both real & personal estate, was as such, duly proved before me, and together with the foresaid going proofs thereof was by me duly recorded and examined this January 17, 1844
ORSON BENJAMIN, Surrogate
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