Chemung Co. New York Wills.....Baldwin, Sarah May 28, 1860
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File contributed for use in USGenWeb Archives by:
Karyl Hubbard (karylh @ yahoo.com) May 2003
Transcribed from SAMPUBCO photocopy by Karyl Hubbard
Chemung co NY Will Book vol. 5 page 391
LAST WILL AND TESTAMENT OF SARAH BALDWIN
Be it remember that heretofore to wit: on the Fifth day of July in the year
of our Lord one thousand eight hundred and sixty five, Vine Baldwin, the
surviving husband of Sarah Baldwin late of the town of Baldwin in the county
of Chemung deceased, appeared in open Court, before the Surrogate of the
County of Chemung and made application to have the aid Last Will and
Testament, which relates to the real and personal estate, proved: and on
such application the said Surrogate did ascertain by satisfactory evidence
who were the husband, heirs at law and the next of kin of the said testator,
and their respective residences, and said Surrogate did thereupon issue a
Citation in due form of law, directed to the said heirs at law and next of
kin by their respective names, stating their respective places of residence,
requiring them to appear before said Surrogate at the Courthouse in the city
of Elmira in said County on the 4th day of September A.D. 1865 to attend
probate of said Will.
And afterwards, to wit: on the 4th day of September A.D. 1865, satisfactory
evidence by affidavit was produced and presented to the said Surrogate of
the due service of said Citation in the mode prescribed by law and the
matter having then been adjourned to Sept. 25th 1865 at same hour and place
and on that day, no one appearing to oppose the Probate of such Will such
proceedings were thereupon had in said Court afterwards, that the Surrogate
took the proofs of said Will hereinafter set forth, upon this 25th day of
September A.D. 1865, and he thereupon adjudged the said Will to be a valid
Will of Real and Personal Estate, and the proofs thereof to be sufficient,
which said Last and Testament , and proofs, are as follows, that is to say:
WILL
In the name of God, Amen. I Sarah Baldwin of the town and County of Chemung
and the State of New York of the age of Seventy three years and being of
sound mind and memory do make, publsih and declare this my last will and
testment in the manner following, that is to say, First I give bequeath and
devise to my daughter Martha E (M?) Baldwin all the property both real and
personal of which I may die seized together with all the hereditaments and
appurtenances thereunto belonging or in anyway appertaining to have and to
hold to the said Martha E.(M?) Baldwin, her heirs and assigns forever.
Second, In case my husband Vine Baldwin, should outlive me, then, in that
case I bequeath to him a support during his lifetime from the property
bequeathed to my daughter Martha E(M?). Baldwin aforesaid and for that
purpose I give him the right to controll the real estate during his
lifetime. In witness I have hereunto set my hand and seal his 28th day of
May 1860.
Sarah Baldwin (her seal)
Witness: Noble Miller
Chemung NY
G. W. Buck, Chemung NY
SURROGATE'S COURT
In the Matter of Proving the Last Will and Testament
Of
Sarah Baldwin,
Deceased
Chemung County, ss
Nobel Well of Chemung, NY and G.W. Buck of the same place being duly sworn,
in open Court, upon their several corporeal oaths, each for himself, doth
depose and say, that they are subscribing witnesses to the Last Will and
Testament of Sarah Baldwin late of the town of Baldwin in the County of
Chemung and the State of New York deceased. And these deponents do further
say, that the said Sarah Baldwin deceased did, in the presence of each of
these deponents, subscribe her 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 28th
day of May one thousand eight hundred and sixty. That the said deceased did,
at the time of subscribing her name to the instrument as aforesaid, declare
the sam to be her 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 her presence and i the presence of each other: That the
said deceased, at the time of so subscribing her 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 State; that she
appeared to be and deponents believe she 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 said instrument in the presence of
te said deceased. That said deponents have now here carefully examined said
instrument and find that is has in no respect been changed or altered since
its execution by deceased, and further say not.
Sworn and subscribed this 25th day of
September, 1865 before me. G.L. Smith Noble Miller
Chemung Co. Judge G. W. Buck