Monday, August 31, 2009

Will of father of Amanda Evans wife of George Evans

WILL: Erie Chapin; LeRay, Jefferson Co., New York
Surname: Chapin, Evans, Anthony, Shumway


Will from Jefferson Co. Courthouse, Watertown, NY
Will Book Vol 12, page 41

LAST WILL AND TESTAMENT OF ERIE CHAPIN Deceased
BE IT REMEMBERED, That heretofore, to wit: on the 30th day of
January in the year of our Lord one thousand eight hundred and
Sixty Eight Oliver Anthony Executor named in the Last Will &
Testament of Erie Chapin late of the town of Le Ray in the
County of Jefferson deceased, appeared in open Court, before the
Surrogate of the County of Jefferson and made application to
have the said Last Will & Testament of Erie Chapin deceased
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 and next of kin of the
said testator; and their respective residences, and they are as
follows- Amanda L. Evans, daughter residing in the town of
Philadelphia Jefferson County aforesaid and Sarah L. Brown
daughter residing in Cresco Howard County Iowa, and are both of
full age- 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 before said Surrogate at his
office in the Village of Watertown in said County, on the 24th
day of February A.D. 1868 to attend the Probate of said Will

And afterwards, to wit: on the 24th day of February A.D.1868
satisfactory evidence by affidavit was produced and presented to
said Surrogate, of due service of said Citation in the mode
prescribed by law, and on that day no one appearing to oppose
the Probate of such Will such proceedings were thereupon had in
said Court afterwards, that the said Surrogate took the proofs
of said Will hereinafter set for the 24th day of February A.D.
1868 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 & Testament and proofs are
hereinafter recorded in this book.
W.W. Taggart, Surrogate
Erie Chapin Estate
Will
I Erie Chapin of the town of LeRay Jefferson County State of New
York Being of sound mind do make publish and declare this my
last will and testament in the manner and form following, that
is to say --

First I give and bequeath to my wife Chloe A. Chapin the use of
all my property during her life time (after paying my first and
lawful debts)

I give and bequeath to my Daughter Amanda L. Evans, after the
decease of her Mother one third part of all my property

I also give and bequeath to my daughter Sara L. Brown one third
part of my property I likewise give and bequeath to my grand
son Milford E. Evans one third part of all my property
I would adviz my daughters to keep and hold all this dowery in
their own hands for the benefit of their Children -

I hereby appoint Oliver Anthony of LeRay Jeff Co. N.York
Executor of this my last will and testament.

In Witness whereof I have hereunto set my hand and seal this
twenty second day of March one thousand Eight hundred and Sixty-
Six Erie Chapin (LS)
Witnesses to the above will
John Shumway (LS)
George B. Evans (LS)
SURROGATE'S COURT
In the matter of Proving the Last Will and Testament of Erie
Chapin Deceased
Jefferson County SS,
John Shumway of Theresa in said County and George B. Evans of
LeRay in said County 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 &
Testament of Erie Chapin deceased, did, in the presence of each
of these deponents, subscribe 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 Testament
of the said deceased, and which bears date on the 22nd day of
March one thousand eight hundred and Sixty Six That the said
deceased did at the time of subscribing his name to the said
instrument as aforesaid, declare the same to be his last Will
and Testament: and these deponents did thereupon subscribe their
own respective names at the end of said instrument, as attesting
witnesses to the execution thereof, each at the request of the
said deceased, and in his presence and in the presence of each
other. That the said deceased, at the time of so subscribing
his name to said instrument as aforesaid, and publishing said
instrument as aforesaid, was upward of twenty-one years of age,
and a citizen of the United States; that he appeared to be, and
deponents belief he was, of sound 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 said instrument in the
presence of said deceased.
John Shumway (LS)
George B. Evans (LS)
Subscribed & Sworn to February 24th 1868 before me W.W.
Taggart, Surrogate

Jefferson County SS,
It appearing upon proofs duly taken in respect to the Last Will
and Testament of Erie Chapin at the time he executed the same,
was in all respects competent to devise 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 Provisions of the Revised Statutes, this
24th day of February A.D. 1868
W.W. Taggart, Surrogate

Note: Evans Mills Old Cemetery: Chapin, Amanda wf Erie died 10
May 1867 64y 2m
Chapin, Erie died 27 Jan 1868 61y 4m [Source: Bartlett's
Cemetery Inscriptions, Rootsweb Jefferson Co NY]

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