WILL: Matilda Dautremont; Allegany co., NY surname: Dautremont, Farman, Rice, Blodget, Bander, Tibbets, Taylor submitted by Marcia Ernst (ernstm at direcway.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: August 8, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 14.6 Kb ************************************************ Source: sampubco.com Allegany Co., Ny, Vol 11- Pgs 76-82 Written: November 1870 Recorded: June 8 1883 Transcribed from SAMPUBCO copy by Marcia ERNST Allegany Co., New York Wills Hume Book 11 pgs 76-82 Record of the Will of Matilda DAUTREMONT, deceased. In the name of God, Amen. I Matilda DAUTREMONT of the town of Hume n the county of Allegany and State of New York, aged fifty years being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain publish and declare this to be my last Will and Testament that is to say: First: After all my lawful debts are paid and discharged, I give and bequeath to my sisters Evalina E. DAUTREMONT and Sarah A. FARMAN all my personal property to share and to share alike. Second: I give and devise to my sisters Evalina E. DAUTREMONT and Sarah A. FARMAN my farm existing of thirty acres of land Situate in the town of Hume in the County of Allegany and State of New York, next west of Parley SHORTS farm to share and to share alike. Third: I give and devise to my sister Evalina E. DAUTREMONT al my right, title and interest in and to the house and lot owned and occupied by us situate in the Village of Hume in the County of Allegany and State of New York and consisting of about one acre of land. Likewise I make, constitute and appoint Evalina E. DAUTREMONT my Executrix and Samuel A. FARMAN to by Executor of this my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal the ____ day of November in the year of our Lord one thousand eight hundred and Seventy. Matilda DAUTREMONT (S.S) The above written instrument was subscribed by the said Matilda DAUTREMONT on our presence and acknowledged by her to each of us and she at the same time declared the above instrument so subscribed to be her last Will and Testament; and we at her request have signed our names as witnesses hereto and written opposite our names our respective places of residence. J. A. RICE Hermitage, Wyoming Co., NY James L. BLODGET --- State of New York Allegany County Surrogates Office } S.S. Be it remembered that on the day of the date hereof the last Will and Testament of Matilda DAUTREMONT late of the town of Hume in the County of Allegany and State of New York deceased being the within and forgoing written instrument was duly proved before Clarence A. FARMAN Esq. Surrogate of the said County according to law as and for the Last Will and Testament of the real and personal estate of the said deceased which said Last Will and Testament and proofs and examinations taken therein are recorded in this office. In Testimony whereof the Surrogate of the said County hath hereunto set his hand and affixed his seal of office this 8th day of June A. D. 1883. Clarence A. FARMAN Surrogate of Allegany County Surrogate Court, County of Allegany In the Matter of Proving the Last Will and Testament of Matilda DAUTREMONT late of the town of Hume. Deceased vs. Allegany County, as James L. BLODGET being first duly sworn in open court doth depose and say, that he is a subscribing witness to the last Will and Testament of Matilda DAUTREMONT late of the town of Hume in the County of Allegany and State of New York deceased. And this deponent does further say that the said Matilda DAUTREMONT deceased, did in the presence of Deponent and James A. RICE the other subscribing witness of said last Will and Testament subscribe her name at the end of the instrument in writing which is now here shown to this deponent and which purports to be the last Will and Testament of the said deceased and which bears date on the ________ day of November one thousand eight hundred and seventy. That said deceased died on or about the 31st day of December 1884 at Hume, Allegany County, N. Y. That the said deceased did, at the time of subscribing her name to the said instruments as aforesaid declare the same to be her last Will and Testament: and this deponent did subscribe his name at the end of said instrument and the said James RICE did subscribe his name at the end of said instrument as attesting witnesses to the execution thereof, each at the request of said deceased, and in her presence, and in 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 of full age that she appeared to be and deponent believes she was of sound mind, memory, and understanding and not under any restraint and as deponent verily believes in all respects competent to devise real estate that deponent saw the said James A. RICE sign his name to the said instrument in the presence of the said deceased. That said James A. RICE the other subscribing witness to said last Will and Testament resides at Cleveland in the state of Ohio as deponent is informed and believes. Subscribed and sworn to before me this 19th day of March 1885. James L. BLODGET Clarence A. FARMAN Surrogate of Allegany County The People of the State of New York To E. B. BANDER, Attorney at Law doing business at 23 Public Square in the City of Cleveland, State of Ohio. Know ye, that we with full faith in your prudence and competency have appointed you Commissioner and by these present do authorize you as such Commissioner to examine James A. RICE of Cleveland, Ohio, as a witness in a proceeding now pending before the Surrogate of the County of Allegany and entitled in the matter of proving the Last Will and Testament of Matilda DAUTREMONT deceased on the part of the proponent under oath, upon the interrogations annexed to this Commission and take and certify the deposition of each witness so examined, and return the same with this Commission immediately thereafter according to law and the directions herewith given. Witness, Honorable Clarence A. FARMAN, Surrogate of Allegany Co at Willsville, N. Y. the 18th day of May 1885 Clarence A. FARMAN, Surrogate Caption Deposition taken before me, E. B. BANDER, a Notary Public within and for the county of Cuyahoga in the State of Ohio pursuant to the annexed Commission from Hon. Clarence A. FARMAN, Surrogate of Allegany county at Willsville, New York, at the time and place therein specified to be read in evidence on behalf of the proponent in an action pending in the Surrogates Court in and for Allegany County in the State of New York in the matter of proving the last Will and Testament of Matilda DAUTREMONT Deceased. The Interrogations is administered to James A. RICE, Esq of Cleveland, Ohio examined as a witness in support of aforesaid Will and as presented in the annexed commission as aforesaid are as follows to wit: First Interrog. What is your name, age and occupation, and where do you reside? Answer: James A RICE. I am 37 years of age by occupation, Salesman and reside at No. 205 Orange Street in the City of Cleveland, Ohio. 2nd Interrogatory. Were you acquainted with Matilda DAUTREMONT late of the town of Hume, Allegany County, Deceased. State for how long a time prior to her decease you had known the above named Matilda DAUTREMONT now deceased. Answer: I was acquainted with Matilda DAUTREMONT of Hume, NY. I knew her several years prior to the time I signed her will as a witness. 3rd Interrogatory. Look at the instrument in writing bearing date the ____ day of November in the year of our Lord one thousand eight hundred and seventy purporting to be and offered for Probate as the last Will and testament of the said Matilda DAUTREMONT deceased, and say whether or not you were present as a witness a the time of the execution of the same. Answer: I have examined the aforesaid instrument purporting to be the last Will of said Matilda Dautrement and I was present. (Half Sheet) (Commissioner E. B. BANDER Notary Public J. A. RICE) when the same was executed and signed the same as a witness. It is marked Exhibit A and is hereto annexed. Interrogatory. Did you see the said Matilda DAUTREMONT subscribe her name to the said instrument or did she make such subscription in your presence or did she acknowledge or declare to you that the signature Matilda Dautrement at the foot of said instrument was her signature. Answer: Yes Interrogatory. Did the said Matilda DAUTREMONT at any time declare the said instrument so subscribed by her to be her last Will and Testament. If so state when she so declared it to be her last Will and Testament and to the best of your recollection what words were used by her in making such declaration, also state at what place said instrument was executed. Answer: It was executed at Hermitage, Wyoming County, New York, according to my best recollection, she said it was her last will at the time I signed it. Interrogatory. State if you were requested by said Matilda Dautrement to sign said instrument as subscribing witness and if you did thereupon sign as such witness and if either of the signatures of the witnesses to said instrument is your signature, and, if so specify which one. Answer: Yes and the signature at the bottom of the page on which said last Will is written Just above that of James L. BLODGET is my signature and was written by me at the time said testament was executed. Interrogatory. Who was present when the said instrument was declared by said Matilda Dautemont to be her last Will and Testament and (half sheet signed E. B. BANDER Commissioner J. A. RICE) to whom was such declaration made in whose presence was it signed by her and in whose presence were you requested to sign and in whose presence did you sign as witness. Answer: Mr. Samuel A. FARMAN, James L. BLODGET, Matilda DAUTREMONT and myself, think there was other persons present, my father and my brother Ed were there to the best of my recollection. Interrogatory. Did you see the other subscribing witness to the said instrument sign his name and if so state his name and if he signed the same in the presence of said Matilda DAUTREMONT and yourself and if he signed same as witness at the request of the said Matilda DAUTREMONT and if she declared to him that said instrument was her last Will and Testament. Answer: Yes, his name is James L. BLODGET, yes, yes, yes. Interrogatory. Was the said Matilda DAUTREMONT over twenty one years of age at the tine of executing such instrument? Was the said Matilda DAUTREMONT of sound mind, memory and understanding at the time of executing such instrument? Was she at such time under any restraint whatever and was she n any respect incompetent to depose real estate. Answer: Yes, she was over 21 years old. Yes, she was under no restraint at all and she was in no respect incompetent to depose real estate. Interrogatory. Do you know of any other matter or thing relative to the execution of the said instrument by the said Matilda DAUTREMONT or to the condition of the mind of the said Matilda DAUTREMONT at the time of such execution? Answer fully and particularly. Answer: I have already answered fully. E. B. BANDER, Commissioner J. A. RICE State of Ohio Cuyahoga County I, E. B. BANDER, duly Commissioned in the premises do certify that James A. RICE the witness personally appeared before me on the 25th day of May A.D. 1885, 2 o'clock in the afternoon at the law office of E. B. BANDER, No. 23 Public Square, in the City of Cleveland in the State of Ohio and after being sworn to testify the truth the whole truth and nothing but the truth did depose to the matter contained in the forgoing deposition, and did in my presence subscribe the same and endorse the exhibits annexed thereto. And I further certify that I have subscribed my name to each half sheet thereof and to each exhibit and I further certify that no one appeared in behalf of the plaintiff and that no one appeared in behalf of the defendant. E. B. BANDER, Atty Commissioner Notary Public 23 Public Square, Cleveland, Ohio At a Surrogate Court held at the village of Willsville, NY in and for the County of Allegany on the 8th day of June 1885 Present Clarence A. FARMAN, Surrogate In the matter of Proving the Will of Matilda DAUTREMONT, Deceased Satisfactory proof having been made and filed of the due service of the citation heretofore issued in this matter requiring the proper persons to appear in this court on the 1st day of March A.D. 1885 and attend the probate of the last Will and testament of Matilda DAUTREMONT late of the town of Hume in the county of Allegany and State of New York, deceased, and said proceeding being adjourned to this day G. W. Harding counsel for the proponent and James L. BLODGET, one of the subscribing witnesses, James A. RICE, the other being a non-resident of this state, having appeared in support of the proof of the said last Will and Testament and the testimony of James A. RICE having been duly taken by commission and returned to this office and G. W. TIBBETS having been duly appointed the special guardian of Allie R. TAYLOR, a minor, and no one opposing said Probate, and after hearing the proofs and allegations of the said witnesses and said counsel duly deliberating therein, it is adjudged and decreed that the said last Will and Testament was duly executed that the same is genuine and valid and that the said Matilda DAUTREMONT, deceased, at the time of executing the same was in all respects competent to make a last Will and testament and to devise real estate and was not under any restraint. And this court doth further Order and Decree that th said last Will and Testament, and the proofs and examinations taken in respect to the same be recorded and that the said last Will and Testament be admitted to Probate and that the same be and hereby is established as a will of real and personal estate. Clarence A.FARMAN Surrogate Additional Comments: This will was apparently contested by her nephew Allie R. Taylor, a minor, and who was represented by G. W. Tibbets, appointed special guardian. Of special interest to me as Allie (Alfred) R. Taylor was my great-great grandfather.