WILL: Jared S. Babcock; Homer, Cortland co., NY
surname: Babcock, Hovey
submitted by Ivy Hawes (oyicroe @ earthlink.net)
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Transcribed from SAMPUBCO copy by Ivy Hawes
Cortland Co. Vol. I page 155
Last Will and Testament of
Jared S. BABCOCK deceased
Be it Remembered, That hertofore, to wit on the 27th day of April in the year
of our Lord one thousand eight hundred and Sixty nine.
Myron C. BABCOCK, The executor named in the Last Will and Testament of Jared
BABCOCK late of the town of Homer in the County of Cortland deceased, appeared
in open Court, before the Surrogate of the County of Cortland and made
application to have the said Last Will and Testament which relates to both
Real and 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, stating their respective places
of residence, requiring them to appear befor said Surrogate at this office in
the Village of Cortland in the county, on the 21st day of June A.D. 1870, to
attend the Probate of said Will, at which time the hearing was adjourned to
the 26th day of June 1870 at 10 o'clock a.m. at the office of the said
Surrogate.
And afterwards, to wit:on the 26th day of June A.D. 1870, and he thereupon
adjudged the said Will to be a valid Will of Real and Personal Estate, and the
proofs thereof to be sufficient, which said Last Will and Testament and
proofs, are as follows, that is to say:
I Jared BABCOCK of the town of Homer in the County of Courtland in the State
of New York of the age of seventy four years & upwards being of sound mind &
memory and considering the uncertainity of this transitory life do heretofore
make, ordain, publish and declare this to be my last Will and Testament -
that is to say;
First -- I order and direct that all my just debts & funeral expenses be paid
by my Executors out of any property of which I may die seised or possessed as
soon as may be convenient after my decease.
Second -- I give and bequeath to my son Alender O. BABCOCK the sum of twenty
dollars.
Third -- I give and bequeath to my son Myron C. BABCOCK the sum ot two hundred
dollars.
Fourth -- I give and bequeath to my daughter Cecelia HOVEY the sum of Forty
dollars
Fifth -- I give and bequeath to my son Henry H. BABCOCK the sum of twenty
dollars. All of which said several legacies, or sum of money, I order &
direct to be paid to the said respective legatees within one year after my
decease.
Sixth -- I give devise and bequeath to my wife Eliza BABCOCK to be received
and accepted by her in lieu of dower, all the rest residue & remainder of my
estate. Whether real or personal, of which I may be seised or possessed, to
be used and enjoyed by her during the term of her natural life. In case she
does not during that period enter again into the marriage relation, but
provided she should at any time hereafter marry again then & in that case, I
do hereby order & direct that from the date of such marriage whatever may
remain unexpended of the property herein above by me devised & bequeathed for
the use and enjoyment of my said wife Eliza. I hereby give and bequeath the
same to my said children Alender O. BABCOCK , Myron BABCOCK, Cecelia HOVEY &
Henry H. BABCOCK to be divided between them equally, share & share alike. An
in case my said wife Eliza should not at any time herein after marry again;
and any of the property which I have herein above bequeathed & devised to her
for her use, should remain unexpended at her decease then & in that case, I
order and direct that the same shall go to my said children Alender, Myron,
Cecelia & Henry & be divided between them equally, share & share alike. And I
do further order & direct that in case the use of the property herein above
bequeathed and devised by me to my wife Eliza for the term above specified
should be in sufficient to furnish her with a comfortable support, then & in
that case, I hereby authorize & give her permission to use & expend such
portion of the principle that of as may be necessary to accomplish that
object.
I hereby nominate and appoint my wife Eliza BABCOCK my son Myron C. BABCOCK
and Joseph S. CLAPP of Homer executors of this my last Will and Testament
hereby given and granting to each of them severally the same forum & authority
to act & ____ I hereby have given to them jointly hereby revoking all former
wills by me made. In witness whereof I have hereto set my seal and subscribed
my name, this fifth day of April, one thousand Eight hundred & Sixty
Jared BABCOCK (LS)
The above written insturment was subscribed by the said Jared BABCOCK on the
date thereof in our presence & acknowledged by him to each of us & heard the
same declared the above instrument so subscribe to be his last Will &
Testament and we at his request & in his presence & in presence of each other
have signed our names as witnesses hereto & written affixed our names our
respective places of residence
Edward C REED Homer Courtland Co. N. Y.
Samuel BEAN
In the matter of poving the last Will and Testament
Jared BABCOCK Deceased
Courtland County ss
Edward C REED and Samuel BEAN both of Homer N. Y. being first duly sworn in
open Court, upon their several corporeal oaths, each for himself doth depose
and say, that they are subscribing witnesses to the last Will and Testament of
Jared BABCOCK late of the town of Homer in the County of Cortland and State of
New York deceased. And these deponents do further say, that the said Jared
BABCOCK deceased, did, in the presence of each of these deponests, subcribe
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 Teatament of the
said deceased, and which bears date on the fifth day of April one thousand
eight hundred and Sixty.
Subscribed and sworn to before me this
26th day of June A.D. 1869 Edward C. REED
Samuel BEAN
A. P. SMITH Courtland County Judge
Courtland County ss.
Is appearing upon the proofs duly taken in respect to the Last Will and
Testament of Jared BABCOCK at the time he excuted the same, was in all
respects competent to divise real estate, and not under restraint, the said
last Will and Testament and the proofs and examinations are hereby recorded,
signed, and certified by me, pursuant to the Provinsions of the Revised
Statutes, this 26th day of June A.D. 1869
A. P. SMITH Surrogate