WILL: John Jack;  Thurston, Steuben co., NY
surname: Jack

submitted by Bernie Schwindt (schwindt at ndsupernet.com)
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Submitted Date: July 13,2005
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Source: Sampubco.com
Steuben co NY Will Book Vol. 7 page 425
Written: July 15, 1859
Recorded: June 4, 1860

Transcribed from SAMPUBCO by Bernie Schwindt

In the name of God, amen.  I John Jack of the town of Thurston in the county
of Stueben and state of New York of the age of sixty four years and being of
sound mind and memory do make and publish and declare this my last will and
testament in the manner following, that is to say--

FIRST; I give and bequeath to my wife Catharine Jack the sum of twenty five
dollars to my son William W. Jack the sum of five dollars to my son James H.
Jack a bureau now in his p9ssession to my son George W. Jack the sum of five
dollars and to my son John M. Jack sum of five dollars which said several
legacies or sums of money I direct to be paid to the said respective legatees
within one year after my decease.

SECOND; I give and bequeath to my natural brother James Jack all the rest
residue and remainder of my personal estate, goods and chattels of what nature
or kind soever.

LASTLY; I hereby order and direct that my said brother James Jack place in the
hands of H. P. Clark whom I hereby appoint sole executor of this my last will
and testament two of the watches of the value of $18.00 and $24.00
respectively and a rifle now in his possession for the purpose of paying those
legacies above named to my wife Catharine Jack and to my sons; John, James,
George, William and Emory and I hereby revoke all former wills by me made.

In wittness whereof I have hereunto set my hand and seal this fifteenth day of
July one thousand eight hundred and fifty nine.
John Jack (L.S)

The foregoing instrument consisting of one sheet of paper was at the date
thereof signed sealed published and declared by the said John Jack as and for
his last will and testament in presence of us who at his request and in his
presence and in the presence of each other have subscribed our names as
wittnesses thereto 
Charles H. Martin residing at Thurston in Steuben county
Christian Minier residing at Thurston in Steuben county

The foregoing, being the last will and testament of John Jack deceased and
relating to personal estate, together with the proofs of the execution therof
taken before me, was recorded and is hereby signed and certified by me this
fourth day of June one thyusand eight hundred aned sixty.
W. Barnes
Surrogate


             SURROGATE'S COURT
In the matter of the last will and testament of JOHN JACK---deceased on the 16
day of April 1860 Hatsell P. Clark an executor named in a certain instrument,
in writting purporting to be the last Will and Testament of John Jack, late of
Thurston in said county, deceased applied in this court to have the said
instrument, which relates to personal estate proved as the last Will and
Testament of the said deceased: and thereupon the Surrogate of said county did
ascertain, by satisfactory evidence, the facts required by law: and did issue
a citation in due form of law, directed by the proper person, by their
respective names, and stating their places of residenc requiring thyem to
appear before him at the Surrogates Office in the town of Bath in said county,
on the fourth day of June 1860, to attend the probate of the said instrument. 
And afterwards, to wit, on the day and at the place last aforesaid, due proof
by affidavit was produced and filed in said court of the service of the said
citation, in the mode prescribe by law; and the said applicant appeared in
person, and no other parties or persons appearing, such proceedings were
thereupon afterwards had, on the said fourth day of June that the said
Surrogate took the proof in support of the said insturment, as follows:

Steuben county, SS
Charles H. Martin and Christian Minier of Thurston in said county witnesses
produced in this matter, being duly sworn and examined before me Surrogate of
said county, depose and say that they were acquainted with John Jack of
Thurston in said county, now deceased, and that they are subscribing
wittnesses to the last Will and Testament of said deceased.  And deponents
further say that the said testator did, in the presence of these deponents
subscribe his name at the end of the instrument which is now here exhibited to
deponents, and which purports to be the last Will and Testamehnt of the said
John Jack and which bears date on the fifteenth day of July in the year of our
Lord one thousand eight hundred and fifty nine and deponents further say that
the said testator did, at the time of subscribing his name as aforesaid, at
the end of said Will, declare the same to be his Last Will and Testament; and
deponents did thereupon subscribe their names at the end of said will, as
attesting witnesses thereto, in the presence and at the requst of said
testator.  And deponents further say that at the time of the said testator
subscribed his name to the last Will as aforesaid, and at the time of these
deponents subscribing their names as attesting witnesses thereto, said
testator was of sound mind and memory, of full age to execute a Will, and not
under any restraint.  And that said Will now appears in all respects as when
so executed, without any alteration whatsoever. 
Subscribed and sworn this 4 day of June 1860
W. Barnes, Surrogate
Charles H. Martin
Christian Minier

The foregoing Proofs and Examinations were taken before the Surrogate
aforesaid, on the fourth day of June 1860, and deposition of the respective
witnesses were by them severally subscribed, after having been carefully read
over to them.

And the said Surrogate being satisfied upon the proof taken, that the Will is
genuine and valid, aned was dully executed; and that the said testator, at the
time of executing the same was in all respects competent to devise real
estate, and not under restraint, doth therefore allow the said Will, proofs
and examinations to be recorded.

Witness: Washington Barnes, Esquire, Surrogate of the county of Steuben at
Bath in said county, the fourth day of June 1860
W. Barnes
Surrogate