WILL: Mary J. Shrauger; New Berlin, Chenango co., New York

submitted by Florence DiJulio (dijulio @ openaccess.org)
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Transcribed from SAMPUBCO copy by Florence DiJulio

Mary J. Shrauger Will
Chenango, New York, Vol K  pg 241

At a Surrogate's Court, held at the village of Norwich, in and for the County
of Chenango, on the 11th day of November 1876 Present, Hon. H.G. Prindle,
surrogate, In the matter of Proving the Last Will and Testament of Mary J.
Shrauger, Deceased.

On the Day, and at the place aforesaid, Enos Shrauger Executor named in the
last Will and Testament of the said Mary J. Shrauger deceased, appeared before
the said County Judge, acting as Surrogate, and offered the said last Will and
Testament for proof and probate as a Will of real and personal estate; and no
one appeared to oppose such proof and probate, thereupon, the said Executor
produced satisfactory proof, by affidavit, of the due service of the Citation
heretofore issued in this matter, requiring the----heirs at law and next of
kin to the said deceased, to attend such proof and probate on this day as
follows:  personally by admission of service, Oct 13th, 1876, on Charles N.
Payne.

And thereupon, the said Executor offered the following proof of the execution
of the said last Will and Testament, by the subscribing witnesses thereto, to
wit:  
Chenango County, ss.
Lucius B. Powers of the town of New Berlin, in the said County, being duly
sworn and examined before H.G. Prindle, County Judge of said County, acting as
Surrogate thereof, doth depose and say, that he was well acquainted with Mary
J. Shrauger, now deceased; that he was present as a witness, and did see the
said Mary J. Shrauger subscribe her name at the end of the instrument in
writing, now produced and shown to this deponent, bearing date the second day
of August in the year one thousand eight hundred and seventy one purporting to
be the last Will and Testament of the said Mary J. Shrauger, deceased; that
the said Mary J. Shrauger, at the time of making such subscription, declared
the said instrument to be his last Will and Testament, and requested this
deponent to sign his name as a witness thereto; that thereupon this deponent
accordingly did sign his name, as a witness, at the end of the said
instrument.  This deponent further says, that the said Mary J. Shrauger at the
time he (sic) so executed the said instrument was a citizen of the United
States, of full age, of sound mind and memory, in all respects competent to
devise real estate, and not under any restraint, and that this depondent saw
Sherman Isbell, the other subscribing witness to said instrument sign the said
instrument at the end thereof, as a witness, in the presence of the said Mary
J. Shrauger and at her request and deponent further says that the said Sherman
Isbell is now deceased.

Subscribed and sworn to before me, the                               signed
Lucius B. Powers
11th day of November 1876                    }    
     signed   H.G. Prindle Surrogate.


The Foregoing Proofs and Examinations were taken by and before me, the said
County Judge, acting as Surrogate aforesaid, at my office in the town of
Norwich, in the County of Chenango a foresaid, on the 11th day of November AD
1876 and the deposition of Lucius B. Powers the only surviving subscribing
witness to the said instrument was by him subscribed, after having been
carefully read over to him; and I, the said County Judge, acting as Surrogate
as aforesaid, being satisfied upon the proof taken before me, as aforesaid,
that lawful service of the Citation heretofore issued in this matter, to
attend the proving of the last Will and Testament, before me, on this day, has
been made on all the heirs at law and next of kin to the said Mary J.
Shrauger, deceased; that the said Will was duly executed; that the said
testatrix at the time of executing the same, was in all respects competent to
devise real estate and personal estate, and not under restraint.  And I, the
said County Judge acting as Surrogate, as aforesaid, being satisfied of the
genuineness and validity of such Will, do adjudge and decree, by virtue of the
power and authority in me vested by law, that the said last Will and Testament
was duly executed, and is a valid Will; and do 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, and the same hereby is admitted to probate and established as a Will of
real and personal estate. 

signed H.G. Prindle  Surrogate   

        In the Name of God, Amen!

        I, Mary J. Shrauger of the town of New Berlin, in the County of
Chenango and State of New York of the age of forty two years and upwards and
being of sound mind and memory do make, publish and declare this my last Will
and Testament in manner following, that is to say:

       I give, devise and bequeath to my husband Enos Shrauger all of my
estate both real and personal of every kind and nature so ever that I have or
may have at my decease to be his and in his own right to keep or dispose of as
he may think best.   

      And lastly I do hereby appoint my said husband Enos Shrauger sole
executor 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 this second day
of August in the year of our Lord one thousand eight hundred and seventy one.

Mary J. Shrauger signed with X

The above instrument was at the date thereof signed, sealed, published and
declared by the said Mary J. Shrauger as and for her last Will and Testament
in presence of us who at her request and in her presence and in the presence
of each other have subscribed our names as witnesses hereto.
Lucius B. Powers, New Berlin, Chenango County, N.Y.
Sherman Isbell, New Berling, Chenango County, N.Y.

Chenango County, ss:
I hereby certify that the foregoing is a correct record of the last Will and
Testament of Mary J. Shrauger, deceased, and of the Proof, ____and that said
Will and proofs here been recorded this 11th day of November, 1876.

signed   H.G. Prindle
Surrogate