WILL: Celinda Bracy; Wirt, Allegany co., NY
surname: Bracy, Cleveland, Earley, Hand, Elliott
submitted by April Murphy (wireplus3 at yahoo.com)
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Submitted Date: November 6, 2005
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Source: sampubco.com
Allegany co NY Will Book Vol. 10 page 567
Written: March 5, 1875
Recorded: January 16, 1885
Record of the Will of Clinda Bracy, deceased
In the Name of God, Amen
I, Celinda Bracy of the town of Wirt in the County of Allegany and State of
New York of the age of seventy and being of sound mind and memory I do make
publish and declare this my last Will and Testament in manner following that
is to say.
First, I give and bequeath to my adopted daughter Martha all my real estate
being one acre of land situated in the town of Wirt County of Allegany State
of New York bounded(?) as follows: West by lands owned by the heirs of Oren
Hand, South by lands owned by the same, East by the highway running parallel
with the transit line, North by the highway together with all the here
ditamerits(?) and appurtenances therewith belonging or in any wise
appertaining to have and to hold the premises above described to the said
Martha, her heirs and assigns forever together with all my personal estate,
goods and chattels of what nature or kind sows to the said Martha whom I
hereby appoint sole executrix of this my last Will and Testament hereby
revoking all former Wills by me made.
In Witness Whereof I have hereunto set my hand and seal the fifth day of March
in the year of our Lord one thousand eight hundred and seventy five.
(Signed) Celinda Bracy S.S.
The within instrument consisting of one sheet was at the date thereof declared
to us by Celinda Bracy the testator therein mentioned to be her last Will
and Testament and she at the same time acknowledged to us and each of us that
she had signed and sealed the same and we thereof on at her request and in her
presence and in the presence of each other signed our names thereto as
attesting witnesses.
[signed]
Z B Earlry residing in Wirt Allegany Co.
James Cleveland residing in Wirt Allegany Co.
State of New York \
Allegany County }
Surrogate Office /
Be it Remembered, That on the day of the date hereof the Last Will and
Testament of Celinda Bracy late of the town of Wirt in the County of Allegany
and State of New York, deceased bring the within and forgoing written
instrument was duly proved before Clarence A. Farnum Esq. Surrogate of the
said county according to law as and for the Last Will and Testament of
of the real and personal estate of the said deceased which said Last Will and
Testament and the proofs and examinations taken thereon, are recorded in
this office.
(*mark of) Allegany Co. Surrogate Seal
In Testimony Whereof the Surrogate of the said county hath hereunto set
his hand and affixed his seal of office this 16th day of January A.D. 1885
Clarence A Farnum
Surrogate of Allegany County
Surrogates Court, County of Allegany
In the Matter of Proving }
The Last Will and Testament }
Of }
Celinda Bracy, Deceased }
Allegany County ss
Z Barton Earley and James Cleveland bring first duly sworn in open Court
each for himself doth depose and say the he is a subscribing witness to the
Last Will and Testament of Celinda Bracy late of the town of Wirt in the
County of Allegany and State of New York deceased.
And these deponents do further say that the said Celinda Bracy 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 fifth day of March one thousand and eight hundred and
seventy five, That said deceased died on or about the seventh day of March
1875 at Wirt aforesaid. That the said deceased did at the time of subscribing
her name to the said instrument as aforesaid, declare the same to be her
last Will and Testament and these deponents did respectively subscribe their
own 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 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 appreared 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 saw the other
sign his name to the said instrument in the presence of the said deceased.
Subscribed and Sworn before me this 16th day of January 1885
(Signed) Z. Barton Earley
James Cleveland
Clarence A. Farnum
Surrogate of Allegany County
At a Surrogate Court held at the village of Wellsville N.Y. in and for the
County of Allegany on the 16th day of January 1885
Present Clarence A. Farnum, Surrogate
In the Matter of Proving the Will of}
Celinda Bracy 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 16th day of January A.D. 1885 and attend the
Probate of the last Will and Testament of Celinda Bracy late of the town of
Wirt in the County of Allegany and State of New York deceased A. L. Elliott
Esq. attorney for proponent and James Cleveland and Z Barton Earlry(sp?)
subscribing witnesses having appeared in support of the proof of the said last
Will and Testament no one appearing in opposition to the probate thereof and
after hearing the proofs and allegations of the said subscribing witnesses
and said attorney and duly deliberating thereon. 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 Celinda Bracy deceased at the at the time
of executing the same was in all respects competent to make a last Will &
Testament was duly, and to devise real estate and was not under any restraint.
And this Court doth further Order and Decree that the 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 for probate and
that the same be and hereby is established as a Will of real and personal
estate.
Clarence A. Farnum
Surrogate