Lewis SALISBURY
Will
Saratoga co NY Will Book Vo. 40 page 75
Written: March 10, 1896
Recorded: September 3, 1904
Will of LEWIS SALISBURY of STILLWATER, SARATOGA, N.Y.
Pages 75-77
Signed: 10 MARCH 1896
Probate: 19 AUGUST 1904
Proved: 3 SEPTEMBER 1904
1st Codicil: 2 SEPTEMBER 1897
Re: Daughter MARIA LOHNES; Death of GRAND DAUGHTER, JOSIE M. LOHNES
Witness: MADISON B. WILBUR of SARATOGA SPRINGS, N.Y.
Witness: FRANK WILBUR of QUAKER SPRINGS, SARATOGA, NY
2nd Codicil: 23 JULY 1902
Re: GRAND DAUGHTER, NELLIE M. SALISBURY, WIFE of MR. INGERSOL
Witness: JOSEPH E. BUCK of QUAKER SPRINGS, NY, he died 12 May 1904
Witness: MADISON B. WILBUR
Surrogate: HONORABLE CHARLES C. LESTER of SARATOGA SPRINGS
LAST WILL
AT A SURROGATE'S COURT held in and for the COUNTY OF SARATOGA, at the Chambers of the Surrogate's Court, in the Village of Saratoga Springs, on the third day of September 1904. Present: HON. CHARLES C. LESTER, Surrogate. BE IT REMEMBERED, that at a Surrogate's Court held in and for the County of Saratoga, at the Village of Saratoga Springs, on the 19th day of August 1904, MADISON B. WILBUR of SARATOGA SPRINGS, in the County of Saratoga, the person named as Executor in a certain instrument in writing purporting to be the last will and testament of LEWIS SALISBURY dated MARCH 10, 1896, duly appeared and presented to the Court a written petition, duly verified, describing the will, setting forth the facts upon which the jurisdiction of said Court, to grant Probate thereof depends and praying that the will might be proved and that the persons required by law might be cited to attend the Probate thereof:
AND THEREUPON, a citation was issued to MARIA LOHNES, LIBBIE M. WILBUR, NELLIE INGERSOL, LEWIS LOHNES and GEORGE LOHNES, the persons required by law to be cited, requiring them to appear before our said Surrogate, at his office in the Village of Saratoga Springs in the County aforesaid on the third day of September 1904 to attend the probate of said will; at which time and place the petitioner again appeared and returned said citation with proof of the due service thereof upon all the persons to whom the same was directed
AND, THEREUPON, no one opposing, the Surrogate caused the witnesses to said will to be examined before him and the proofs to be REDUCED to writing, which proofs were as follows:
SARATOGA COUNTY SS
MADISON B. WILBUR and FRANK WILBUR of the Town of Saratoga Springs in the County of Saratoga being duly sworn on their oaths do depose and say that they are Subscribing witnesses to the last will and testament of LEWIS SALISBURY late of the Town of Stillwater in the County of Saratoga, aforesaid, deceased, And these deponents further say that the said deceased, did, in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be the last will and testament of the said deceased and which bears date on the tenth day of March in the year one thousand eight hundred and ninety-six, That the said deceased did, at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last will and testament; that deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof at the request of said deceased and in his presence, and in the presence of each other.
That the said deceased, at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents.
MADISON B. WILBUR
FRANK WILBUR
Subscribed and sworn this 3rd day of September 1904 before me
GEORGE O. TUCK
CLERK SURROGATE'S COURT
AND, IT NOW APPEARING from the proof so taken that said instrument was duly executed and that the testator, at the time of executing the same, was in all respects competent to make a will and was not under restraint; and our said Surrogate having inquired particularly into the all the facts and circumstances, and being satisfied of the genuineness of the will and the validity of its execution, and no objection being made thereto,
IT IS ORDERED, ADJUDGED, AND DECREED, That said instrument be and it is hereby admitted to probate as and for the last will and testament of the said deceased, valid to pass both real and personal property and that Letters Testamentary be issued to the Execut ??? Named in said will upon ??? Qualifying as provided by law.
And it is further ORDERED, that said will be recorded with the foregoing proof thereof, which said will is as follows, to wit:
SARATOGA COUNTY:SS
MADISON B. WILBUR and FRANK WILBUR of the TOWN of SARATOGA SPRINGS in the COUNTY of SARATOGA being duly sworn in open court, on their oaths, do depose and say, that they are subscribing witnesses to a CODICIL to the last will and testament of LEWIS SALISBURY late of the town of Stillwater, in the county of Saratoga, aforesaid, deceased. And these deponents further say, that the said deceased did, in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to the deponents, and which purports to be a Codicil to the last will and testament of the said deceased and which bears date on the 2d day of September in the year one thousand eight hundred
and ninety seven, that the said deceased did, at the time of subscribing his name to said instrument as aforesaid, declare the same to be a Codicil to his last will and testament; that deponents did thereupon subscribe their own names at the end of the said instrument as attesting witnesses to the execution thereof, at the request of said deceased, and in his presence, and in the presence of each other. That the said deceased, at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and was not under restraint, to the knowledge or belief of these deponents.
MADISON B. WILBUR
FRANK WILBUR
Subscribed and sworn this third day of September, 1904, before me,
GEORGE O. TUCK,
CLERK SURROGATE'S COURT.
SARATOGA COUNTY: SS
MADISON B. WILBUR of the town of SARATOGA SPRINGS in the county of SARATOGA being duly sworn in open court on his oath, doth depose and say, that he is one of the subscribing witnesses to a CODICIL to the last will and testament of LEWIS SALISBURY late of the town of Stillwater, in the county of Saratoga, aforesaid, deceased. And this deponent further says that the said deceased did, in the presence of this deponent and JOSEPH E. BUCK of the town of Stillwater, in said county, subscribe his name at the end of the instrument which is now shown to this deponent, and which purports to be a Codicil to the last will and testament of the said deceased and which bears date on the 23d day of July in the year one thousand nine hundred and two; that the said deceased did, at the time of subscribing his name to said instrument as aforesaid, declare the same to be a Codicil to his last will and testament; that deponent and the said JOSEPH E. BUCK did thereupon subscribe their own names at the end of the said instrument as attesting witnesses to the execution thereof, at the request of said deceased, and in his presence, and in the presence of each other. That the said deceased, at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and was not under restraint, to the knowledge or belief of this deponent, and the said JOSEPH E. BUCK DIED MAY 12TH, 1904.
MADISON B. WILBUR
Subscribed and sworn this 3rd day of September, 1904 before me GEORGE O. TUCK, CLERK SURROGATE'S COURT.
And it now appearing from the proof so taken that said instrument was duly executed and that the testator, at the time of executing the same, was in all respects competent to make a will and was not under restraint; ; and our said Surrogate having inquired particularly into all the facts and circumstances, and being satisfied of the genuineness of the will and the validity of it's execution, and no objection being made thereto,
IT IS ORDERED, ADJUDGED, AND DECREED, That said instrument be and it is hereby admitted to probate as and for the last will and testament of the said deceased, valid to pass both real and personal property.
And it is further ORDERED, that said will be recorded with the foregoing proof thereof, said will is as follows, to wit:
WILL
I, LEWIS SALISBURY of the town of Stillwater county of Saratoga state of New York, being eighty two years of age of sound mind and memory do make, publish and declare this my last will and testament in the manner following to wit after paying debts and funeral expenses
FIRST, I give to my GRAND DAUGHTER NELLIE M. SALISBURY eighteen hundred dollars, absolute, with this provision that if she should die without children then it shall revert back and become the property of MARIAH LOHNES' CHILDREN.
SECOND, I give and bequeath to my GRAND CHILDREN, ELIZABETH M. WILBUR. LEWIS S. LOHNES, GEORGE H. LOHNES and JOSIE M. LOHNES the sum of four hundred dollars, each to be theirs absolute.
THIRD, I give and bequeath to my DAUGHTER MARIAH LOHNES, all the real estate of which I am possessed and also all the personal property, furniture and house hold goods contained in the house, and all the balance residue and remainder of my personal property of every name and nature to be hers forever.
FOURTH, I hereby appoint MADISON B. WILBUR SOLE 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 this 10th day of March in the year of our Lord one thousand eight hundred and ninety-six.
LEWIS SALISBURY, SEAL
The following instrument was at the date thereof subscribed by the said LEWIS SALISBURY in our presence and in the presence of each other, and He at the same time declared the same to be his last will and testament and requested us to sign our names as witnesses which we do in his presence.
MADISON B. WILBUR, BEMIS HEIGHTS, N. Y.
FRANK WILBUR, BEMIS HEIGHTS, N. Y.
CODICIL
Whereas, I LEWIS SALISBURY of the Town of STILLWATER County of SARATOGA, N.Y. Have made my last will and testament bearing date MARCH 10TH 1896 in and by which I have given and bequeathed my DAUGHTER MARIA LOHNES all my real estate and personal property, not otherwise given, and also I gave to my GRAND DAUGHTER JOSIE LOHNES deceased, the sum of four hundred dollars. Now therefore I do by this instrument, which I hereby declare to be a CODICIL to my last will and testament and to be taken as a part thereof, order and direct that the Legacy of four hundred dollars given to JOSIE LOHNES, deceased, shall not
be paid, but remain as a part of my estate. I also direct that the Legacy, or property, not otherwise given which I gave and bequeathed to my DAUGHTER MARIA LOHNES in said last will and testament shall be hers, to do with, use, and enjoy as best pleases her, and after her decease what is then remaining shall go to HER CHILDREN and it is my desire that this CODICIL be annexed to and made a part of my last will and testament.
In witness whereof I have hereunto set my hand and seal this second day of September 1897.
LEWIS SALISBURY (SEAL)
The foregoing instrument was, at the date thereof, subscribed by LEWIS
SALISBURY in our presence, and he at the same time declared said instrument to be a codicil to his last will and testament, and requested us to sign our names as witnesses, which we do in his presence, and in the presence of each other.
M. B. WILBUR, SARATOGA SPRINGS
FRANK WILBUR, QUAKER SPRINGS
CODICIL
Whereas, I LEWIS SALISBURY of the Town of STILLWATER County of SARATOGA, State of NEW YORK have made my last will and testament bearing date of MARCH 10TH 1896 in and by which I gave my GRAND DAUGHTER NELLIE M. INGERSOL eighteen hundred dollars, Now therefore I do by this instrument which I hereby declare to be a CODICIL to my last will and testament and to be taken as a part thereof I order and direct that my Executor shall pay to NELLIE M. INGERSOL eighteen hundred dollars which was given her in my will as above referred to.
In witness whereof I have hereunto set my hand and seal this twenty-third day of July 1902.
LEWIS SALISBURY (SEAL)
The foregoing instrument was at the date thereof subscribed by LEWIS SALISBURY in our presence and he at the same time declared said instrument to be a codicil to his last will and testament and requested us to sign our names as witnesses which we do in his presence and in the presence of each other.
JOSEPH E. BUCK, QUAKER SP., N. Y.
MADISON B. WILBUR, SARATOGA SPGS., N. Y.
CHARLES C. LESTER
SURROGATE
SARATOGA COUNTY: SS
I, GEORGE O. TUCK, CLERK of the SURROGATE'S COURT in and for said COUNTY, do hereby certify the foregoing to be a true and correct record of the last will and testament of LEWIS SALISBURY, aforesaid, deceased, relating to both real and personal estate; together with the truths thereof.
Recorded September 3, 1904.
GEORGE O. TUCK
CLERK SURROGATE'S COURT.
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