Will of Burton Woodbeck
Be it Remembered, that heretofore, to wit: on the 25th day of January in the year of our Lord one thousand eight hundred and ninety nine Elmer Chase, the Executor named in the Last Will and Testament of Burton Woodbeck late of the town of Milford in the County of Otsego, deceased, appeared in open Court, before the Surrogate of the County of Otsego, 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 said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator and their 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 by their respective names, stating their respective places of residence requiring them to appear before said Surrogate at Supreme Court Chambers in the Village of Oneonta in said County, on the 16th day of February A.D., 1899, to attend the probate of said Will And afterwards, to wit: on the 16th day of February A.D., 1899, 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 the proponent appeared in person and by Hartford D. Nelson, Esq., his attorney and no one appearing to oppose the Probate of such Will and there being no contest such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 16th day of February A.D., 1899, and he thereupon adjudged the said Will to be a valid Will of 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: Last Will and Testament I, Burton Woodbeck, of the town of Oneonta, County of Otsego, and State of New York, do make, ordain, publish and declare this to be my last Will and Testament, in manner and form following, that is to say: First; I direct the payment of my just debts, if any. Second; I give, devise and bequeath to my executor hereinafter named the Sum of one hundred dollars for the purpose of erecting a monument to the memory of my mother Elvira Woodbeck. Third; I give, devise and bequeath all my other property whether real estate or personal property to my sister Celia M. Chase. Likewise, I make, constitute and appoint Elmer Chase to be my executor of this, my last Will and Testament; hereby revoking all former wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the 5th day of April, in the year of our Lord one thousand eight hundred and ninety-eight. (Signed) Burton Woodbeck L.S. We, whose names are hereto subscribed, do certify that Burton Woodbeck the testator, subscribed his name to this instrument in our presence, and in the presence of each of us, and at the same time he declared in our presence and hearing that the same was his last will and testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, and which we hereby do in the presence of the testator and of each other, the day of the date of the said will, and have written opposite our names our respective places of residence. (Signed) Seymour Scott, residing at Oneonta, Otsego Co., N.Y. (Signed) Hartford D. Nelson, residing at Oneonta, Otsego Co., N.Y. Surrogate's Court==County of Otsego. In the Matter of Proving the Last Will and Testament of Burton Woodbeck Deceased. Otsego County, SS: Hartford D. Nelson, of the town of Oneonta in the County of Otsego, State of New York, after being duly sworn as a witness in the above entitled matter on behalf of the proponent to prove said Will, says: I was well acquainted with Burton Woodbeck, the said testator, late of the town of Milford County of Otsego, deceased, and had known him for more than three years before his death. The subscription of the decedent's name at the end of the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 5th day of April 1898, was made by the decedent at the town of Oneonta, in the County of Otsego in the presence of myself and Seymour Scott, the other attesting witness. At the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent, and in his presence, and of said other attesting witness. I also saw the said other attesting witness sign his name as a witness at the end of said instrument, and know that he did so at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a Citizen of the United Sates, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. (Signed) Hartford D. Nelson Taken, subscribed and sworn to before me, this 16th day of February A.D., 1899 (Signed) Lynn J. Arnold, Surrogate. Surrogate's Court==County of Otsego. In the Matter of Proving the Last Will and Testament of Burton Woodbeck Deceased. Otsego County, SS: Seymour Scott, of the town of Oneonta in the County of Otsego, State of New York, after being duly sworn as a witness in the above entitled matter on behalf of the proponent to prove said Will, says: I was well acquainted with Burton Woodbeck, the said testator, late of the town of Milford County of Otsego, deceased, and had known him for more than three years before his death. The subscription of the decedent's name at the end of the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 5th day of April 1898, was made by the decedent at the town of Oneonta, in the County of Otsego in the presence of myself and Hartford D. Nelson, the other attesting witness. At the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent, and in his presence, and of said other attesting witness. I also saw the said other attesting witness sign his name as a witness at the end of said instrument, and know that he did so at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a Citizen of the United Sates, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. (Signed) Seymour Scott Taken, subscribed and sworn to before me, this 16th day of February A.D., 1899 (Signed) Lynn J. Arnold, Surrogate. Otsego County, SS: It appearing upon the proofs duly taken in respect to the Last Will and Testament of Burton Woodbeck, late of the town of Milford in the County of Otsego, and State of New York, deceased, that the said Will was duly executed and that the said Burton Woodbeck 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 Law, made and provided this 16th day of February A. D., 1899. (Signed) Lynn J. Arnold, Surrogate.