Probate of Ebenezer Richmond's Estate

Will and Probate Documents for Ebenezer Richmond, of Independence, Allegany County, New York:





RECORD OF THE LAST WILL OF EBENEZER RICHMOND

In the name of God, Amen! I, Ebenezer Richmond of the town of Independence in the county of Allegany and state of New York of the age of seventy-five years, and being of sound mind and memory, do make, publish and declare this my last will and testament, in manner following, that is to say:

I give and bequeath to my children Ann Mariah Foster, Harvey S. Richmond, Edward A. Richmond, Mary Elmira Mason, Sarah L. Harris, Nancy H. Wilson, Clarissa A. Harris, Susan O. Wilson, Henry A. Richmond, Ida Richmond, George W. Richmond, my real and personal estate.

First: I give and bequeath to Edward A. Richmond two hundred dollars;
Secondly: I give and bequeath the balance of my real and personal estate to the above mentioned children to be divided equally among them all share and share alike. And I devise and declare that the portion which may fall to Ida Richmond be placed in the hands of Harvey S. Richmond for her benefit until she shall become eighteen years of age, when such portion with interest from the date of said apportionment shall be at her disposal, But if the above mentioned Ida Richmond should become deceased before reaching the age of eighteen then said portion shall revert to the remaining legatees equally:
And I here by appoint Lois Ann Richmond my wife executrix and Harvey S. Richmond my son executor of this my last will and testament.
In witness whereof I have hereunto set my hand and seal this twenty-third day of December in the year of our Lord one thousand eight hundred and sixty-eight.

Ebenezer Richmond

The above instrument consisting of one half sheet was at the date thereof signed sealed published and declared by the said Ebenezer Richmond as and for his last will and 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
E. W. Fuller, residing at Whitesville, Allegany Co., NY.
J. H. Harris " " "

Surrogate's Court
In the matter of proving
the last will and testament
of Ebenezer Richmond
deceased

Allegany County S. S.
Earl W. Fuller & Jason H. Harris being first duly sworn in open court upon their several corporeal oaths, each for himself doeth depose and say, that he is a subscribing witness to the last will and testament of Ebenezer Richmond late of the town of Independence in the county of Allegany, and state of New York, deceased. And there deponents do further say that the said Ebenezer Richmond 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 the last will and testament of the said deceased and which bears date on the 23 day of December one thousand eight hundred and sixty-eight.
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 non 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 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.

Sworn and subscribed
before on this fifteenth
day of April 1869.

E.W. Fuller
J. H. Harris
W. Hatch
Surrogate

Allegany County, SS

It appearing upon the proofs duly taken in respect to the last will and testament of Ebenezer Richmond late of the town of Independence in the county of Allegany and state of New York deceased that the said will was duly executed and that the said deceased when he executed the same was in all respects competent to devise real estate and was not under any restraint. The said last will and testament of said deceased with the proofs and examinations taken thereon are hereby recorded signed and certified by me pursuant to the provisions of the Revised Statutes this fifteenth day of April in the year of our Lord one thousand eight hundred and sixty-nine.

W. Hatch
Surrogate