|
a.
|
Note: WILL: To the Surrogate's Court of the County of Albany, The Petition of David Williams of the City of Cohoes, N.Y. respectfully showeth: That lately and on or about the 22nd day of March, A.D. 1883, Frances Walker died at the City of Cohoes in the County of Albany, being at the time of her death, an inhabitant of the said County of Albany; that the said Frances Walker deceased, left a certain instrument in writing, purporting to be her last Will and Testament bearing date upon the seventh day of February in the year of our Lord one thousand eight hundredand eighty-nine, which relates to real and personal estate, and in said instrument your petitioner, David Williams is named as executor. And which instrument your petitioner verily believes to be the last Will and Testament of the said Frances Walker, deceased; that the said Frances Walker died leaving the following persons her surviving to wit: Edward Walker, her husband, residing at Cohoes, N.Y. Amelia Walker, a daughter, residing at Cohoes, N.Y. Matilda Walker, a daughter, residing at Cohoes, N.Y. Maud Walker, a daughter, residing at Cohoes, N.Y. Hayes W. Walker, a son, residing at Cohoes, N.Y. Rosa B. Walker, a daughter, residing at Cohoes, N.Y. WILL: All the above are of full age and sound mind, except said Amelia Walker, Matilda Walker, Maud Walker, Hayes W. Walker, and Rosa B. Walker, who are under 14 years of age. And who are all and the only heirs-at-law and next of kin to said deceased. That said decedent left her surviving no issue of any deceased child or children, so far as your petitioner is informed and believes; that no petition for the probate of said Will has been filed in any Surrogate's Court of this State. WILL: Your petitioner therefore prays that a citation may issue to the Husband, heirs-at-law and next of kin to the said deceased, requiring themto appear before the said Surrogate's Court in the City of Albany, in the County of Albany aforesaid, on the 10th day of April, A.D. 1889 at 10 o'clock in the forenoon of that day to attend the probate of the said last Will and Testament, and that the said Will may be proven and recorded as a Will relating to Real and personal estate, according to the forms of the statues of the State of New York in such case made and provided, and your petitioner, as in duty bound will ever pray, etc. WILL: Dated Thirteenth day of Marh 1889. WILL: David Williams WILL: Will proven by Surrogate's Court, County of Albany, State of New York 31 May 1899 Recorded in Book of Wills, Volume 36, page 454 WILL: In the name of God, Amen. I, Frances Walker, of the City of Cohoes, County of Albany and State of New York being of sound mind and memory do make, ordain, publish and declare this to be my last will and testament in manner following that is to say: First, after all my lawful debts are paid and discharged, I give, bequeath, and devise unto David Williams of said City of Cohoes (now a partner of mine doing business with me under the firm name of Walker & Williams) my executorherein after nominated and appointed - all my estate both real and personal - wheresoever situatedand of what nature or kind soever - in trust nevertheless and to and for the following uses and purposes - to apply the wholenet income to the use and support of my husband Edward Walker during his natural life - and it is my will that my said executor and trustee continue the business in which I am now engaged as long as the same can be carried on successfully and without loss - but no part of my estate real or personal nor any part of the proceeds or increase thereof shall be used to pay or discharge any of the judgements or claims now against my said husband. I hereby constitute and appoint said David Williams to be executor of this my last will and testament hereby revoking all former wills by me made - hereby expressly giving to my said executor full force and complete power to carry into effect all the provisions of this my last will and testament with full power and authority to sell any and all of my estate real and personal either at public or private sale and on such terms and conditions as he may deem best and proper - and to give, make and execute all and all manner of bills of sale, deeds, conveyances and assurances in the law proper for assuring the to the purchaser or purchasers thereof as fully as I myself could do were I alive. In witness whereof I have hereunto subscribed my name and affixed my seal the Seventeenth day of February in the year of our Lord one thousand eight hundred and eighty three. WILL: Witnesses. WILL: Henry A. Strong Frances Walker [ Seal] Allice J. Shaver WILL: The above instrument consisting of one sheet was at the date thereof subscribed by Frances Walker the testate named in the foregoing will in the presence of us and each of us. And at the time of making such subscription the above instrument was declared by the said testate to be her last will and testament and each of us at the request of said testate and in her presence and in the presence of each other signed our names as witnesses thereto at the end of the will. [signed] Henry A Strong residing at the City of Cohoes, N.Y. Alice J Shaver residing at City Cohoes, N.Y.
|