WILL: Mary Lamb; Stamford, Delaware co., NY
surname: Lamb, Peters, Kelly, St. John
submitted by Sharon Eads (reads001@charter.net)
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Submitted Date: March 25, 2004
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Source: Sampubco photocopy
Delaware County Will Book Vol. S page 181
Written: July 13 1882
Recorded: October 15 1901
Record of Last Will and Testament of Mary Lamb Deceased
Be It Remembered, That heretofore, to wit: on the 17th day of August; in
the year of our Lord one thousand nine hundred and one, [illegible name] M.
Palmer, Attorney for the executrix, named in the Last Will and Testament of
Mary Lamb, late of the town of Stamford in the County of Delaware, deceased,
appeared in open Court, before the Surrogate of the County of Delaware, and
made application to have the said Last Will and Testament which relates to
Personal Estate, proved: and on such application the said Surrogate did
ascertain by satisfactory evidence who were the heirs at law and 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 heirs at law
and next of kin by their respective names, requiring them to appear before
said Surrogate at his office in the Village of Delhi in said County, on the
2nd day of September, A.D., 1901, to attend the probate of said Will
And afterwards, to wit: on the 2nd day of September, A.D., 1901,
satisfactory evidence by affidavit was produced and presented to said
Surrogate, of the due service of said Citation in the mode prescribed by law,
and on that day the proponent having appeared in support of the probate of
said Will, and no one appearing to oppose the probate of the same such
proceedings were thereupon had in said Court that the said Surrogate took the
proofs of said Will hereinafter set forth, upon this 7th day of October, A.D.,
1901, and he thereupon adjudged the said Will to be a valid Will of Personal
Estate, and the proofs thereof to be sufficient, which said Last Will and
Testament and proofs, are as follows, that is to say:
The Last Will and Testament of Mary Lamb of the town of Stamford County of
Delaware and State of New York.
I, Mary Lamb aware of the uncertainty of life, do make, ordain, publish and
declare this my last Will and Testament, in manner and form following, that is
to say:
After the payment of my funeral charges, the expense of administering my
estate, and my lawful debts, I give, devise and bequeath my property as
follows:
First, I give devise and bequeath to my sisters Sarah A. Lamb and Susan A.
Lamb and my neice [sic] Elizabeth Lamb daughter of John W. Lamb all my
property both real and personal of every manner and nature. The same to be
divided equally between these three share and share alike, but in case of the
death of either of my said sisters before they shall come into possession of
the same, then the share of such deceased person or persons shall be divided
equally among the surviving persons or person named above, in ease of my death
before my said neice [sic] Elizabeth Lamb above named shall reach the age of
twenty-one years then the share which shall be coming to her shall be held in
trust by my surviving sisters and be used at their discretion in her support
until she shall become of age when it shall be paid over to her to have and to
hold forever, but in case of her death before reaching the age of twenty one
years the same shall belong to my surviving sister or sisters above named, and
in case of their death it shall be paid over or given to the surviving
children of Dewitt C. Lamb to be equally divided among them share and share
alike to have and to hold forever.
Likewise, I make, constitute, and appoint Susan A. Lamb to be 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 Thirteenth day of July in the year of our Lord one thousand eight hundred
and eighty-two.
Mary Lamb (L.S.)
The above written instrument was subscribed by the said Lary Lamb in my
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 hereto, in her
presence, and in the presence of each other, and written opposite our names
our respective places of residence.
Hannah R. Peters Bloomville Delaware Co.
Sarah A. Kelly Bloomville Delaware Co., N.Y.
Surrogate Court--Delaware County
In the matter of Proving the Last Will and Testament of Mary Lamb, deceased.
State of New York, County of Delaware}ss.
William B. Peters of the town of Kortright in the County of Delaware N.Y.,
being duly sworn as a witness in the above entitled matter, and examined in
open Court on behalf of the proponent, to prove said Will, deposes and says I
was well acquainted with Sarah A. Kelly late of the town of Kortright County
of Delaware and State of New York and with her manner and style of
handwriting, having often seen her write; I verily believe that the signature
"Sarah A. Kelly," subscribed as a witness to the instrument in writing now
produced and shown to me, purporting to be the last Will and Testament of Mary
Lamb deceased, bearing date the 13th day of July 1882, is the true and genuine
handwriting and the proper signature of the said Sarah A. Kelly. I was
present when said Sarah A. Kelly signed her name to said instrument and saw
her sign her name thereto as a subscribing witness. Said Sarah A. Kelly is
now dead.
Wm. B. Peters
Subscribed and sworn to before me this 7th day of October 1901
John P. Grant
Surrogate
Surrogate's Court, County of Delaware.
In the Matter of Proving the Last Will and Testament of Mary Lamb, deceased.}
County of Delawre, ss:
Hannah R. Peters of the town of Kortright in the County of Delaware, being
duly sworn as a witness in the above entitled matter, and examined in open
Court in behalf of the proponent to prove said Will, deposes and says:
I was well acquainted with Mary Lamb the said testator, and had known h
[sic] for more than 20 years before her death. The subscription of the
decedent's name to the instrument now shown to me, and offered for probate as
her last Will and Testament, and bearing date the 13th day of July in the year
of our Lord one thousand eight hundred and eighty-two, was made by the
decedent at residence of W. B. Peters in the town of Kortright in the County
of Delaware in the presence of myself and Sarah A. Kelly the other subscribing
witness. At the time of such subscription the said decedent declared the said
instrument, so subscribed by her, to be her last Will and Testament; and I
thereupon signed my name as a witness, at the end of the said instrument, at
the request of said decedent, and in her presence, and in the presence of said
Sarah A. Kelly I also saw said Sarah A. Kelly the other subscribing witness
sign her name as a witness at the end of said Will, and know that she did so
at the request of said decedent and in her presence. The said decedent, at
the time of so executing said instrument, was upwards of the age of twenty-one
years, and of sound mind, memory and understanding, and not under any
restraint, or in any respect incompetent to devise real estate. Said Sarah A.
Kelly, the other subscribing witness has died since the execution of said will
and I am the only surviving witness to said will.
Hannah R. Peters
Taken, subscribed and sworn to before me, this 7th day of October 1901}
John P. Grant Surrogate
At a Surrogate's Court, held at the Surrogate's Office in Delhi, in and for
the County of Delaware, on the 7th day of October 1901.
Present, Hon. John P. Grant, Surrogate.
In the Matter of Proving the Last Will and Testament of Mary Lamb, deceased.}
Satisfactory proof having been made of the due suervice of the Citation
heretofore issued in this matter, requiring the proper persons to appear in
this Court on the 2d day of September 1901, and attend the probate of the Last
Will and Testament of Mary Lamb late of the Town of Stamford County of
Delaware, deceased, bearing date the 13th day of July, 1882; and Susan A. St.
John the Executor named in the Will having appeared in person and by W. M.
Palmer, her attorney, in support of the probate of the same and the matter
having been adjourned to this day, and no other parties or persons having
appeared, and the several witnesses having been examined before the Surrogate,
and the proofs reduced to writing, and the said Surrogate having inquired
particularly into all the facts and circumstances, and it appearing that the
Will was duly executed, that the testator at the time of execut ing it was in
all respects competent to make a Will and not under restraint; and the said
Surrogate being satisfied of the genuineness of the Will and the validity of
its execution, the probate not being contested.
It is Ordered, Adjudged and Decreed, that the said instrument is the Last
Will and Testament of the said Mary Lamb, deceased; that the same be and
hereby is admitted to probate as Will valid to pass real and personal
propersty, and that Letters Testamentary issue to Susan A. St. John the
Executrix named therein, upon her taking the oath prescribed by law.
Surrogate's Office, Delaware County.} ss:
The Last Will and Testament of Mary Lamb, deceased, having been admitted to
probate as a Will valid to pass real and personal property, I have recorded
the same with the decree admitting it to probate, and the proof taken
thereupon, as required by law, this 13th day of October, 1901.
S.A. Clauson
Clerk of Surrogate's Court