Will of Mary E. Hinckley
Submitted by Dan Hinckley
Note: Mary E. Hinckley previously lived in Wells, NY.
Transcription from SAMPUBCO
copy by Dan Hinkley
Fulton County, NY Will Book Vol. 13, pages 501-504
BE IT REMEMBERED, That heretofore, to wit: on the 25th day of November in the year one thousand eight hundred and ninety three, Wm H. Place, sole executor named in the last Will & Testament of Mary E. Hinckley, late of Gloversville, Fulton County, N.Y. deceased, appeared in open court before the Surrogate of the County of Fulton, 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 Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said testatrix and their respective residences, being as follows:
Louisa Brown, Fort Edward, N.Y. Myra Swan, Charleston, N.Y. Nettie Clements, Thomas Hinckley, Ida Scribner, Fred Scribner and Calvin Dunham, all of Wellstown, N.Y. George Hinckley, Fort Edward, Wisconsin. Augustus C. Hinckley, Allis Bradt and Emma Bradt, residences unknown. Rosa Murcheson, Cass City, Mo. Lena Harrison and Hazel Harrison of Gloversville, N.Y.
And said Surrogate did thereupon issue a citation in due form of law, directed to said heirs and next of kin by their respective names, stating their respective places of residence, requiring them to appear in Surrogate’s Court, before said Surrogate at his office, in the city of Gloversville in said county, on the sixteenth day of December one thousand eight hundred and ninety two to attend the probate of the said will.
And afterwards, to wit: on the said sixteenth day of December 1892 satisfactory evidence by affidavit was produced and presented to said Surrogate of the service of the said citation, in the mode prescribed by law; and on that day the said sole executor appeared by his attorney C. M. Park and asked for a supplemental citation returnable Feb’y 3rd and on that day the same appearances were made as before and an adjournment taken to Feb’y 10th and on that day said will was submitted for probate and it appearing that said Ida Scribner, Fred Scribner, Calvin Dunham, Rosa Murcheson, and Hazel Harrison were minors, Wm C. Mills was appointed their special guardian, and appeared for them herein and no one appearing to oppose the probate of said will and no objections being made or filed thereto and such proceedings were thereupon had afterwards, that the Surrogate took the proof of said will hereinafter set forth upon this tenth day of Feb’y in the year one thousand eight hundred and ninety three and he adjudged the said will to be a will valid to pass 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:
In the name of God, Amen, I, Mary E. Hinckley of the city of Gloversville, N.Y. being of sound mind and memory and mindful of the uncertainty of life, do make, publish and declare, this my last Will and Testament in manner following, that is to say:
First – I direct the payment of all my just debts and funeral expenses, as soon as may be convenient after my decease.
Second – I give, bequeath and devise all of my property and estate of every kind and nature unto my nephew William H. Place of Gloversville, N.Y. to have and to hold the same in trust and to and for the following uses and purposes
1st – To receive, care for and collect the same and the income and profits thereof.
2nd – After necessary expenses and all lawful charges are satisfied, to pay over the income and so much of the principal of my said estate, as the said trustee shall in his judgment deem necessary or proper, to my daughter Lena Harrison, while she lives and remains separated and apart from her husband.
3rd – In case my said daughter Lena at any time hereafter shall or does resume marital relations with her husband, the said payments shall cease and in such event or in case of my said daughters death, this said trustee shall apply the balance of said estate then remaining in his hands to the support and education of my grand-daughter Hazel Harrison in such amounts and in such manner as he shall deem fit and proper.
Third – I hereby nominate and appoint the said William H. Place executor of this my last will and testament hereby revoking all former wills by me made.
In Witness Whereof, I have hereto set my hand and seal the second day of November A.D. 1892.
Mrs Mary E. Hinckley (L.S.)
The above instrument was signed, sealed, published and declared by the said testatrix to be her last will and testament in the presence of us, who have at her request, in her presence and in presence of each other signed our names as witnesses thereto. The words "or in case of my said daughters death" were interlined before execution.
Harlow M. Colson, Gloversville
Florence A. Colson, Gloversville
SURROGATE’S COURT---County of Fulton.
IN THE MATTER OF PROVING THE LAST
WILL AND TESTAMENT OF
Mary E. Hinckley,
COUNTY OF FULTON, ss:
Harlow M. Colson and Florence A. Colson of Gloversville, said County being severally and duly sworn and examined before J. Keck, Surrogate of the County Fulton, doth each for himself depose and say, that he was well acquainted with Mary E. Hinckley deceased; that he was present as a witness and did see the said Mary E. Hinckley subscribe her name at the end of the instrument in writing, now produced and shown to these deponents bearing date the second day of November one thousand eight hundred and ninety two purporting to be the last will and testament of said Mary E. Hinckley deceased, that the said Mary E. Hinckley at the time of making the said subscription, declared the said instrument to be her last will and testament, and requested these deponents to sign their names as witnesses thereto. Thereupon these deponents accordingly signed their names as witnesses at the end of the said instrument. These deponents further say that the said Mary E. Hinckley at the time she 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 restraint, and that these deponents saw each other sign the said instrument at the end thereof as witnesses, in the presence of the said Mary E. Hinckley and at her request.
Sworn to before me this tenth
Harlow M. Colson
day of February 1893
Florence A. Colson
J. Keck Surrogate.
STATE OF NEW YORK,
County of Fulton. SS:
Recorded, the preceeding last will and testament of Mary E. Hinckley deceased, as a will valid to pass real and personal estate, together with the proofs and examinations taken in the Surrogate’s Court of the County of Fulton, relating to said last will and testament; which record is hereby signed and certified by me, pursuant to the provisions of the Statutes of this State in such case made and provided this tenth day of February one thousand eight hundred ninety three.
J. Keck Surrogate.
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