Isaac W. Cross
Transcribed by Robert Baldwin

Last Will and Testment of Isaac W. Cross Deceased.

Be It Remembered, That heretofore, to wit: on the 4th day of January
in the year of our Lord one thousand nine hundred and twenty
three Jesse H. Cross, one of the Executors named in the Last Will
and Testament of Isaac W. Cross late of the town of Maryland 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
widow heirs at law and next of kin of the said testate and their
respective residences, Carrie J. Cross, the widow and Leonard
Cross (named in petition Leonard I. Cross), Harry M. Cross,
Bertha M. Hubbard, Eva B. Cargin, and Nellie G. Gurney, waived
the issuing and service upon theirs of a citation herein and
voluntarily appeared and consented that said will be admitted to
probate, and on that day the proponent appeared by Claude V.
Smith, Esq., his attorney and no one appeared to oppose the
Probate of such Will and there was no contest and the matter
having been duly adjourned to this day such proceedings were
thereupon had in said Court afterwards, that the said Surrogate
took the proofs of said Will hereinafter set forth, upon this 6th
day of January A.D., 1923, 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 is as follows, that is to say:
Last Will and Testament I, Isaac W. Cross of the Town of Maryland in the County of Otsego and
State of New York, being of sound mind and memory, do make,
publish and declare this my last Will and Testament, in manner
following that is to say: First. I direct that all my just debts and funeral expenses shall be
paid in full. Second. I give, devise and bequeath to my beloved wife Carrie J.
Cross the sum of One Thousand dollars ($1,000) to be hers
absolutely. This bequest to be in full of her dower interest in
any real property I may own. Third. I give and devise to my son, Jesse H. Cross, the sum of One
thousand dollars to be his absolutely. Fourth. I give and devise to my son, Leonard I. Cross the sume of One
thousand dollars to be his absolutely. I also give and devise to
my said son Leonard I. Cross, the bay mare now owned by me and
called "Mand" and one wagon, he to chose from those owned by me
any wagon he desires, said mare and wagon to be his absolutely
but he is not to sell or dispose of said mare or permit her to
pass into other hands than his own. Fifth. I give and devise to me(my) son Harry M. Cross the sum of
fifteen hundred dollars to be his absolutely. Sixth. I give and devise to my daughter Eva B. Cargin the sum of
Seven hundred dollars to be hers absolutely. Seventh. I give and devise to my daugther, Nellie G. Gurney, the sum
of Five hundred dollars to be hers absolutely. Eighth. I give and devise to my daughter, Bertha M. Hubbard the sum
of five hundred dollars to be hers absolutely. Nineth. All the rest residue and remainder of my property whether
real or personal and whereas ever situate and any legacies above
given which may lapse, I give, devise and bequeath to my
children, Jesse H. Cross, Leonard I. Cross, Harry M. Cross, Eva
B. Cargin, Nellis M. Gurney and Bertha M. Hubbard, share and
share alike to be theirs absolutely. Tenth. In event that my property at the time of my decease shall not
be sufficient to pay the legacies in full, mentioned in the
paragraphs numbered "two" to "eight" inclusive herein I direct
and it is my will that each of said devises be proportionately
reduced according to the sum devised to each. This provision
shall not affect the devise to Leonard I. Cross of the mare and
wagon. Eleventh. I further direct and it is my will that my executors
hereinafter named, give my son Leonard I. Cross the first
opportunity to purchase the Homestead farm now occupied by me if
he desires to purchase the same. Twelfth. I direct that my executors hereinafter named shall serve
without bonds and shall have full power and authority to sell and
dispose of any real property of which I may die seized and
possessed and shall have full power to execute any deeds or other
papers necessary in so doing. Lastly, I hereby appoint my sons, Jesse H. Cross and Harry M. Cross
executors of this, my last Will and Testament: hereby revoking
all former wills by me made. In Witness Whereof, I have hereunto subscribed my name the 13th day
of October in the year Nineteen hundred and twenty two. We, whose names are hereto subscribed, Do Certify, that on the 13th
day of October, 1922 Isaac W. Cross the testator above named,
subscribed his name to this instrument in our presence and in the
presence of each of us, and at the same time, in our presence and
hearing, declared the same to be his last Will and Testament, and
requested us and each of us, to sign our names thereto as
witnesses to the execution thereof, which we hereby do in the
presence of the testator and of each other, on the day of the
date of the said Will and write opposite our names our respective
places of residence. Paul J. Smith, residing at 30# Maple St., Oneonta, N.Y. Ervin A. Nichols, residing at Maryland.
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