Chemung Co. New York Wills.....French, Horace C. April 18, 1904
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File contributed for use in USGenWeb Archives by:
David Hayt (dave at hayt.net)  February 2006

Source: sampubco.com
Chemung Co. Wills, Vol. 18, P.508-510
Written: January 4, 1890
Recorded: April 18, 1904

At a Surrogate's Court, Held in and for the County of Chemung, in the State of 
New York, at the office of the Surrogate in the City of Elmira, on he 18th day of 
April, 1904.

   In the Matter of Priving the Last Will and Testament of Horace C. French, 
deceased.

   Be it Remembered, That hereuntofore, to-wit; On the 18th day of April in the 
year of our Lord, one thousand nine hundred four, before the Surrogate of the 
County of Chemung, came Ernestine E., Sylvester B., Ernestine H. and Henry R. 
French, devisees in the Last Will and Testament of Horace C. French, late of the 
City of Elmira, in said County of Chemung, deceased, and by petition in due form, 
made application to have the said Last Will and Testament of Horace C. French, 
which relates to both real and personal property, admitted to Probate, and on 
such application being made, the said Surrogate duly ascertained who were widow, 
heirs at law and next of kin of the said Testator and entitled to notice of the 
time and place of proving said Last Will and Testament and found their names, 
relationships and respective places of residence to be as follows, to-wit:

Ernestine E. French, his widow, Elmira, N. Y.
Henry R. French, his son, Long Branch, N. J.
Sylvester B. French, his son, Elmira, N. Y.
Ernestine H. French, his daughter, Elmira, N. Y.

   All of whom were of full age.

   And it appearing that said petitioners, comprised the widow, heirs at law and 
next of kin of said testator, and there being no other persons entitled to a 
notice of said Surrogate made an order, that the witnesses in support of said 
will be examined forthwith.

   That on the 18th day of April, A. D., 1904, no one appearing to oppose the 
Probate of said Last Will and Testament, said Surrogate proceeded in open Court 
to take the proofs, of the due execution of said Will, and after taking such 
proofs, did thereupon adjudge the said Will to be the last Will and Testament of 
said Horace C. French, deceased, and as such a Will, valid to pass real and 
personal property, which said Last Will and Testament and proofs are as follows, 
to-wit:

The Will
   Know all men by these presents that I Horace C. French of the City of Elmira, 
in the County of Chemung, and State of New York, being in good health, and of 
sound and disposing mind, and memory, do make, and publlish this my last Will & 
Testament, hereby revoking all former wills by me at any time heretofore made.

   First. I hereby constitute and appoint my wife Ernestine E. French to be sole 
executrix of this my last Will, directing my said executrix to pay all my just 
debts, and funeral expenses, and the legatees hereinafter given out of my estate.

   Second: After the payment of my said debts and funeral expenses, I give to my 
said wife, Ernestine E. French all my estate, of whatsoever kind or nature, of 
which I die possessed, so long as she shall remain unmarried, and my widow, with 
remainder thereof on her deccease, or marriage to my children, Henry Redfield 
French, Sylvester Beard French and Ernestine Hayt French, and their heirs, 
respectively, share and share alike.

   Third: And for the payment of the legacies aforesaid I give and devise to my 
said executrix all the estate owned by me at my decease.

   In testimony whereof I hereunto set my hand and Seal and publish and declare 
this to be my last Will and testament in the presence of the witnesses named 
below this Fourth day of January in the year A. D. Eighteen hundred and ninety. 
              Horace C. French

   The above instrument, consisting of one Sheet was now here subscribed by 
Horace C. French, the testator in the presence of each of us; and was at the same 
time declated by him to be his last will and testament, And we at his request 
sign our names hereto as attesting witnesses.
   H. K. Tubbs residing at Elmira in Chemung County, New York
   W. E. Barber residing at Elmira inChemung County, New York.

The Proofs
   In the Matter of Proving the Last Will and Testament of Horace C. French, 
deceased.

Chemung County
   Harrison K. Tubbs of Elmira, N. Y. and Willard E. Barber of the same place 
being severally duly sworn in open Court, doth depose and say, that they are 
subscribing witnesses to the Last Will and Testament of Horace C. French, late of 
the City of Elmira, in the County of Chemung and State of New York, deceased. And 
these deponents do farther say that the said Horace C. French, 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 Fourth day of January, one thousand eight hundred and Ninety. 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 
said 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 saw the other sign his name 
to said instrument in the presence of the said deceased; that said deponents have 
now carefully examined and find that it has in no respect been changed or altered 
since its execution by deceased and further say not.
   Harrison K. Tubbs
   Willard E. Barber

Sworn and subscribed before me, this 18th day of April, 1904.
W. W. Seeley, Clerk of the Surrogate's Court.

Additional Comments:
Horace Chapin French (1841-1904), married Ernestine E. Redfield. Children (w. 
spouses): Henry R., m. Mary B.; Sylvester B., m. Cassie Sterling; Irene Estelle, 
died young; Ernestine H., never married.