LAST WILL AND TESTAMENT OF HARVEY E. HOWD
NIAGARA COUNTY SURROGATE'S COURT
Last Will and Testament
& Codicil thereto of
Harvey E. Howd, deceased,
Be it Remembered, That heretofore, to-wit: On the 28th day of March in the year of our Lord one thousand eight hundred and eighty-eight, Emma L. Howd, one of the Executries named in the Last Will and Testament & Codicil thereto of Harvey E. Howe, late of the Town of Lockport in the County of Niagara deceased, appeared in open Court, before the Surrogate of the County of Niagara, and made application to have the said Last Will and Testament & Codicil thereto 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 there 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 of said deceased, by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate, at his office in the City of Lockport, in said County, on the 16th day of April, A.D. 1888 to attend the probate of said Will & Codicil thereto.
And afterwards, to-wit: on the 16th day of April A. D. 188, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day day said petitioner appeared & by her attorney M L. Burrell, Esq. Matter further adjourned until April 21st 1888. 10 our. Aud
no one appearing to oppose the probate of such Will &Codicil thereto such proceedings were thereupon had in said Court, afterwards, that said Surrogate took the proofs of said Will & Codicil, hereinafter set forth, upon this 21st day of April 1888, and he thereupon adjudged the said Will to be a valid Will & Codicil thereto of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament & Codicil and proofs are as follows, that is to say: "WILL"
I, Harvey E. Howd, of the town of Lockport, in the County of Niagara, and State of New York, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do make, fullish and declare this my last Will and testament in manner following. That is to say,
1st. I give devise and bequeath unto my wife Lucinda the use occupation benefit rents profits and full enjoyment of all the real estate which I now have or may hereafter acquire for and during her natural life. Also all my personal estate to use and enjoy with full power to dispose of said personal estate if it becomes necessary for her support and the payment of my just and lawful debts.
2nd. After the decease of my said wife Lucinda, whatever shall then remain of my estate both real and personal, shall be equally divided between my children and heirs at law, whose names are aa follows, my daughter Eliza Ann Olmsted, wife of Jesse A. Olmsted, my daughter Emma L. Howd; my daughter Betsy C. Baylis, wife of Jefferson Baylis; my daughter Martha M. Howd; my daughter Mary Howd, and my son George E. Howd, in equal proportion share and share alike.
Lastly, I hereby constitute and appoint my said wife Lucinda the sole Executrix of this my last will and testament, hereby revoking all former Wills by me made.
In witness whereof I have hereunto set my hand and seal this(9th) ninth day of November, A.D. 1871
Harvey E. Howd ((Seal))
Signed published and declared by the said testator to be his last Will and testament, in the presence of us who have signed our names at his request, as witnesses in his presence and in presence of each other
Ransom M. Skeels, residing in City of Lockport, N.Y.
Moses G. Swift, residing in City of Locport, N.Y.
Whereas, I, Harvey E. Howd of the Town of Lockport, County of Niagara, State of New York, have made my last Will & Testament in writing bearing date the ninth(9) day of November, 1871, in & by which said last Will & Testament I have made constituted and appointed my wife Lucinda to be the sole Executrix thereof. Now therefore I do by this my writing which I hereby declare to be a codicil to my said last Will & Testament, and to be taken as a part thereof order and declare that my will is; That my daughter Emma L.. Howd shall be associated with my said wife as Executrix of my said last Will & Testament and I do hereby constitute and appoint my said wife Lucinda Howd & my daughter Emma L. Howd or their survivors to be the Executrix's of my said last Will & Testament and lastly it is my desire that this Codicil be awarded to and made a Part of my last Will and Testament as aforesaid to all interests & purposes.
In witness whereof I have hereunto set my hand and seal this 18th. day of April in the year of our Lord, 1885.
Harvey E. Howd ((Seal))
The above instrument consisting of one sheet was at the date thereof signed sealed published & declared by the said Harvey E. Howd, as and for a Codicil to his last Will & Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto and written opposite our names our respective places of residence.
E.J. Taylor, Lockport, Niagara Co. N.Y.
R.L. Crocker, Lockport, Niagara Co. N.Y.
Whereas, I, Harvey E. Howd, of the town of Lockport, Niagara County New York, have made my last Will & Testament in writing bearing date the 9th day of November, 1871, and a codicil thereto bearing date the 18th day of April 1885, in and by which said will & testament I have given & bequeathed to my wife Lucinda the use occupation benefit rents profits & full enjoyment of all the real estate which I now have or may hereafter acquire for & during her natural life. Also all my personal estate to use & enjoy with full power to dispose of said personal estate if it becomes necessary for her support & the payment of my just & lawful debts after the decease of my said wife Lucinda what ever shall there remain of my estate both real & personal shall be equally divided between my children & heirs at law whose names are as follows: My daughter Eliza Ann Olmsted, wife of Jesse A. Olmstead, my daughter Emma L. Howd, my daughter Betsey C. Baylis, wife of Jefferson Baylis, my daughter Martha M. Howd, my daughter Mary Howd, & my son George E. Howd, in equal proportions, share and share alike.
Now therefore I do by this my writing by which I declare to be a Codicil to my said last will & Testament & to be taken as a Part thereof, order & declare that my will is that should my said wife Lucinda die before the expiration of the term of a certain lease this day executed by me to Betsey C. Baylis, there & in that case my said daughters Emma L. Howd & Mary L. Howd & my son in-law Jefferson Baylis shall hold & have the use issues & profits of said farm for & during the said remainder of said lease share and share alike which said lease will expire on the 1st. day of April 1891. After whcih said time my estate both Real & personal shall be divided between my said children as stated in said will except the share of my son George E. Howd, to whom I give & bequeath only the sum of two dollars, in lieu of said devise mentioned in said will and the balance of the share or portion therein mentioned as going to my said son George E. Howd, I give devise & bequeath to my daughter Emma L. Howd, & Mary L. Howd, & my son-in-law Jefferson Baylis, share & share alike, and lastly, it is my desire that this Codicil be annexed to & made a part of my last will & testament as aforesaid to all interests & purposes. In witness whereof, I have hereunto set my hand & seal this 28th day of December, 1885.
Witness to mark Harvey E. Howd ((Seal))
John J. Larte,
The above instrument consisting of two sheets was at the date thereof signed, sealed published & declared by the Harvey E. Howd, as & for a Codicil to his last Will & Testament, in presence of us who at his request & in his presence & in the Presence of each other have subscribed our names as witnesses thereto and written opposite our names our respective places of residence
John J. Larte, Lockport, N.Y.
J. Ervine Wakeman, Lockport N.Y.
Surrogates Court
In the matter of proving the Last
Will and Testament
of
Harvey E. Howd, deceased
Niagara County, ss, John J Lert, & J. Ervin wakeman, being first duly sworn in open Court, upon their several corporal oaths, each for himself doth depose and say that he is a subscribing witness to the Codicil to the last Will and Testament of Harvey E. Howd, late of the Town of Lockport in the County of Niagra and State of New York, deceased and these deponents do further say that the said Harvey E. Howd, deceased did in the presence of each of these deponents subscribe his name by making his mark at the end of the instrument in writing which is now here shown to these deponents and which purports to be a Codicil to the last Will and Testament of the said deceased and which bears date on the 28th day of December, one thousand eight hundred and eighty five.
That the said deceased did at the time of subscribing his name to the said instrument as aforesaid declare the same to be a Codicil to 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 upwards of twenty one years of age and a citizen of the United States that he appeared to be and deponents believe he was of sound mind 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 the said instrument in the presence of the said deceased.
Taken subscribed and sworn to
before me this 16th day of April John J. Lerte
1888 William J. Bulger J. Erwin Wakeman
Surrogate
Surrogate's Court
In the Matter of Proving the Last Will and Testament
& Codicil thereto of
Harvey E. Howd, deceased
NIAGARA COUNTY, ss,
Edward J. Taylor and Robert S. Crocker being duly sworn, in open Court and upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the Codicil to the Last Will and Testament of Harvey E. Howd, late of the Town of Lockport in the County of Niagara and State of New York deceased. And these deponents do further say, that the said Harvey E. Howd 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 a Codicil to the Last Will and Testament of the said deceased and which bears date on the 18th day of April one thousand eight hundred and eighty five. That the said deceased did, at the time of subscribing his name to the said instrument aforesaid declare the same to be a Codicil to 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 upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and deponents believe he was of sound mind, 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 the said instrument in the presence of the said deceased.
Taken, subscribed and sworn to before me, this 21st day of April 1888
William J. Bulger, Surrogate
E.J. Taylor
R.L. Crocker
State of New York
County of Niagara
Charles Molyneux, being duly sworn says that he was acquainted with Moses G. Swift & Ransom M. Skeeles, whose names appear as subscribing witnesses to the last Will and Testament of Harvey E. Howd deceased in his life time and has seen each of these write and is acquainted with each of their handwriting. Deponent is here shown Will in question and says the signatures Ransom M. Skeeles & Moses G. Swift apearing at the bottom of the Attestation clause of this instrument are genuine as he verily believes. Deponent further says that he was acquainted with the said Harvey E. Howd deceased, in his life time has seen him write and is acquainted with his handwriting. Deponent further says that the signature Harvey E. Howd appearing to said instrument now shown to him is genuine, as he verily believes and deponent says that he was present on the day of the date of said last Will & Testament & saw the same executed; that he saw the said sign his name to said said will as the same now appears & also saw the said Moses G. Swift & Ransom M.Skeeles sign their names as witnesses to said will as the same now appears which signing & execution by said testator & witnesses was done on one occasion & in the presence of each other. That said Swift & Skeeles are now dead.
Taken subscribed & sworn to before
me this 21 day of April 1888
William J. Bulger Charles Molyneux
Surrogate,
State of New York,
County of Niagara ss
Washington H. Ransom, being duly sworn says that he was acquainted with Moses G. Swift & Ransom Skeeles whose name appear as subscribing witnesses to the last Will and Testament of Harvey E. Howd, deceased in his life time and has seen each of their write and is acquainted with their handwriting. Deponent is here shown Will in Question and says the signature appearing at the bottom of the attestation clause of this instrument are genuine as he verily believes.
Taken subscribing and sworn to
before me this 21st day of April
1888 William J. Bulger
Surrogate Washington H. Ransom
NIAGARA COUNTY, ss.
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Harvey E. Howd late of the Town of Lockport in the County of Niagara, and State of New York, deceased, that the said Will was duly executed, and that the said Harvey E. Howd deceased, 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 Statures, this 21th day of April 1888.
William J. Bulger, Surrogate