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Will/Probate of Philander Stone
Vol. 45 (1890), pages 212, 214, Monroe County, N.Y. Wills
Photocopies of “will book” copies of these documents are from
LDS microfilm, and mailed 10 May 2010 from
Sampubco, P.O. Box 11874, Salt Lake City, Utah 84147-0874
to Michelle Stone. Abstract/Transcript by M. Stone 14 May 2010.
Record of Will
Knowing the uncertainty of human life and being of sound mind & judgment:
I Philander Stone hereby make this my last will & testament.
1st I give & bequeath one third of my property both real & personal to my beloved wife Abigail Stone.
2nd After satisfying the above bequest I give & bequeath to my grandson Harry D Bushnell one third of my property that remains at time of my death to be given him when he becomes twenty Five years old (25) to be held in trust by my son Albert D. Stone without use but in case of the death of my son I appoint George Savage & his wife to have the care of portion going to my grandson.
3rd I desire that my son Albert D. Stone shall have entire, all that remains of my real & personal property after paying the above bequests.
4th I hereby constitute & appoint my wife Abigail Stone & my son Albert D. Stone as executors of this my last will.
Philander D. Stone L. S.[Legal Seal]
Dated Churchville Monroe Co. N.Y.
Mch 17th, 1883
The said Philander Stone signed and sealed the above instrument in our presence and declared the same to be his last will and testament.
Cyrus H. Briscoe Churchville N. Y. L. S.
Henry Snyder Churchville N.Y. L. S.
IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF
Monroe County, ss.
Cyrus H. Briscoe and Henry Snyder being first duly sworn in open Court, each for himself doth depose and say, that he is a subscribing witness to the last Will and Testament of Philander Stone late of the Village of Churchville, in the County of Monroe and State of New York, deceased. And these deponents do further say, that the said Philander Stone 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 the deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the 17th day of March one thousand eight hundred and eighty three
That the said deceased died on or about the 5th day of April 1891 [sic; 1890?], at Churchville, N. Y. aforesaid, as deponents are informed and believe. 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 said deceased, and in his presence and 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 of full 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 said deceased.
[signed] Cyrus H. Briscoe.
[signed] Henry Snyder
Subscribed and sworn to before me,
this 28th day of April 1891 [1890?]
J. A. Adlington
Surrogate of Monroe County.
STATE OF NEW YORK,
COUNTY OF MONROE,
SURROGATE’S OFFICE ss.
I HEREBY CERTIFY, that the annexed instrument, being the Last Will and Testament of Philander Stone late of the Village of Churchville in the County of Monroe, and State of New York, deceased, has upon due proof, been this day admitted to probate by the Surrogate’s Court of said County of Monroe, as a will valid to pass real and personal property; which said last Will and Testament, and the proofs and examinations taken thereon, are recorded in the office of the Surrogate of said last mentioned County.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Surrogate’s Court, at Rochester, in said County, this 28th day of April in the year one thousand eight hundred and ninety
[signed] J. A. Adlington Surrogate. [L.S.]
MONROE COUNTY, ss.
It appearing upon the proofs duly taken in respect to the Last Will and Testament, of Philander Stone late of the Village of Churchville in the County of Monroe and State of New York, deceased, that the said Will was duly executed, and that the said Philander Stone 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 Code of Civil Procedure, this 28th day of April A. D. 1890.
[signed] E. A. Marsh
Clerk Surrogate’s Court
RECORDED AND EXAMINED,
April 28th 1891 [1890?]