JOHN BLACK

 


 

Last Will and Testament of John Black, Records of the Surrogate Court, Fulton County, Johnstown, New York. Book #13, Pages 557-580. 

Be it Remembered, that heretofore, to wit, on the 22nd day of May in the year one thousand eight hundred and ninety three Walter Black and Wm H. Black executors named in the last Will and Testament of John Black, late of the town of Perth, Fulton County, N.Y. deceased, appeared in open court before the Surrogate 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 widow, heirs and next of kin of the said testator and their respective residence, being as follows:

Said applicants, his sons, Janet Black, his widow, Robert Black, son, Jane Black, daughter, Margaret Black, daughter, Anna Black, daughter, Emory Black, son; all residing in said town of Perth. Thomas Black, son residing at Schodack Depot, Renselaer Co, N.Y. John Black, son, Florence, Mass., Margaret McDowell, daughter, Adair, Adair Co., Iowa, Peter Black, son, Northampton, Mass., John Planty, Robert Planty and Sarah Planty, nephews & nieces, all residing in North Bend, Nebraska

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 residences, requiring them to appear in Surrogate’s Court, before said Surrogate at his office in the village of Johnstown in said county, on the tenth of July one thousand eight hundred ninety three to attend the probate of the said will.

And afterwards, to wit: on the said tenth day of July 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 executors appeared in person and by Robert J. Sanson, their attorney, and submitted said will for probate and it appearing that Anna Black, Emory Black, Robert Planty and Sarah Black, were minors, John H. Planty 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 ______ thereinafter set forth upon this tenth day of July in the year one thousand eight hundred and ninety three and he judged that 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:

 

WILL

 

I, John Black of the town of Perth, Fulton Co, State of New York, do make and declare this to be my last Will and Testament.

1st ~ I constitute and declare my wife Janet Carter executrix and my two sons Walter and William H., the executors of this, my last Will & Testament with full power to sell, lease or otherwise dispose of all the property real or personal of which I may die possessed so as best to carry out the provisions of this Will.

2. ~ I provide that my wife Janet during her lifetime shall have all the income from all my property real & personal & full control of the same.

3. ~ At her decease all my property, real & personal shall pass to the children now living at home – Walter, Jane & William H. with full title to possession in equal shares subject however to the following payments to the other children. To my son James & Thomas two hundred dollars ($200) each. To my sons John, Robert & Peter Twenty five dollars ($25) each. To my daughter Margaret One hundred dollars ($100). And to each of the children of my daughter Agnes (deceased), when they become of age, Twenty five dollars ($25).

John Black (S.S.)
Galway, N.Y. June 2 second 1881

Signed & sealed in the presence of these witnesses

Richard M. Carter, Galway, N.Y.
Robert Carter, Galway, N.Y.

 

Surrogates Court – County of Fulton
In the matter of proving              }
the last Will and Testament      }
of
John Black, deceased
County of Fulton, ss:

Richard M. Carter

Of the town of Galway, County of Saratoga, being duly sworn and examined before J. Keck, Surrogate of Futon County, doth depose and say: That he was well aquatinted with Robert Carted, late of Galway, County of Saratoga but now resident of Chicago, Illinois and with his manner and style of handwriting, having often seen him write, and that he verily believes that the signature "Robert Carter" purporting to be the signature of the said Robert Carter signed as a witness to the instrument in writing now produced and shown to this deponent, bearing date on the second day of June A.D. 1881 purporting to be the last Will and Testament of John Black, deceased, is the true and genuine handwriting and signature of the said Robert Carter.

Sworn before me this }
Tenth day of July 1893} Richard M. Carter

J. Keck, Surrogate

 

 

 

Surrogates Court – County of Futon
In the matter of proving }
the last Will and Testament }
of
John Black, deceased
County of Fulton, ss:

 

Richard M. Carter of Galway, Saratoga County, N.Y. being severally and duly sworn and examined before J. Keck, Surrogate of the County of Fulton doth each for himself depose and say, that he was well aquatinted with John Black deceased; that he was present as a witness, and did see the said John Black subscribe his name at the end of the instrument in writing, now produced and shown to this deponent bearing date the second day of June one thousand eight hundred and ninety eighty one purporting to be the last Will and Testament of John Black, deceased, that the said John Black at the time of making said subscription, declared the said instrument to be his last will and testament, and requested this deponent and Robert Carter, late of Galway, N.Y> but now a resident of Chicago, Ill. to sign their names and witnesses thereto. Thereupon this deponent and said Robert Carter accordingly signed their names as witnesses at the end of the said instrument. This deponent, further says that he said John Black at the time he 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 this deponent saw each other the said Robert Carter whose name appears at the end of said instrument sign the said instrument at the end thereof as a witness in the presence of the said John Black and at his request.

 

Sworn before me this tenth }
day of July 1893 } Richard M. Carter

J. Keck, Surrogate

 

State of New York,   }
County of Fulton     } ss:

Recorded, the preceding last will and testament___________ of John Black deceased, as a will valid to pass 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 July one thousand eight hundred and ninety three.

J. Keck Surrogate

 

 

Note:  John Black was married to Janet/Jennett Carter and they resided in Perth.  John was born 1810 in Scotland, though it is unknown exactly when he came to America.  Janet and John had their first child, James ca. 1836.  They were to have a total of 11 children.  As is Scottish custom, James was named after his paternal grandfather, James Black (married Elizabeth Brown).


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