Will of John Fern


Last Will and Testament of John Fearn Deceased.

Be it Remembered, That heretofore, to wit:  on the 2nd day of March in the
year of our Lord one thousand eight hundred and ninety eight, Joseph H. Fearn
and Horace A. Beadle, the Executor named in the Last Will and Testament and
Codicil of John Fearn late of the town of Exeter 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 and
Codicil 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 his office in the Village of Cooperstown in said County, on
the 14th day of March A. D., 1898 to attend the probate of said Will.

And afterwards, to wit:  on the 14th day of March A.D., 1898 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 
proponents appeared by L. S. Henry, Esq., their Attorney and James J. Byard, 
Jr., appeared for the minors Lynn Byard, Carl Byard, Earl Byard, Rose Curry
and Lillie Curry, after being appointed Special Guardian, and the matter was 
adjourned to March 29th and such proceedings were thereupon had in said Court 
afterwards, that the said Surrogate took the proofs of said Will and Codicil 
hereinafter set forth, upon this 29th day of March A.D., 1898 and he thereupon 
adjudged the said Will and Codicil to be a valid Will and Codicil of Real and 
Personal Estate, and the proofs thereof to be sufficient, which said Last Will 
and Testament and Codicil and proofs, are as follows, that is to say:


Last Will and Testament of John Fearn of the town of Exeter, Otsego County,
New York.

I John Fearn of the town, county and state aforesaid being of sound mind and 
memory do hereby 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, funeral expenses and the reasonable 
expenses of administering my estate shall be first paid.

Second, I hereby give, devise and bequeath all my property real and personal 
unto my children now living, and the children or descendants of such as shall
be dead at my decease to be divided as follows;  One sixth part thereof to my
son Joseph H. Fearn, one sixth part thereof to my daughter, Julia A. Newkirk,
one sixth part thereof to my daughter Catharine C. Newkirk, one sixth part
thereof to my daughter, Jennie M. Beadle, one sixth part thereof to the two
children of my deceased daughter Lina I. Curry, and one sixth part thereof to
the children of my deceased daughter Elizabeth H. Byard.  The share or
property given to the children of my daughter Lina shall be divided equally
between them and the share or property given to the children of my daughter
Elizabeth shall be divided equally between them.  I also wish my daughter
Julia to have the first privilege of buying my house & lot where I now reside.

Third, I hereby appoint William D. Clark of Schuylers Lake N.Y. to be a 
testamentary guardian of the minor child or children of my deceased daughter 
Lina I. Curry, and he shall receive the property so bequeathed to said
children; and take care of the same, and apply such part thereof, either
principal or income or both to the care and support and maintainance of such
children, as shall be necessary for such maintenance and support.

Fourth I hereby nominate and appoint my son Joseph H. Fearn and my son-in-law 
Horace A. Beadle to be executors of this my last Will and Testament, hereby 
revoking any and all former wills by me made, and I also give such Executors
or the survivor of them full power and authority to sell and convey any and
all real estate I may own at my decease, and divide the proceeds of the same
among my children and the legatees herein named according to the provisions of
this Will.

In Witness Whereof, I have set my hand this 6th day of October 1894.

(Signed) John Fearn  L.S.


The above instrument was signed, published and declared by John Fearn the 
testator therein named at the date thereof to be his last Will and Testament
in our presence and in presence of each other, and we have signed our names as 
attesting witnesses thereto, at his request and in his presence and in
presence of each other this 6th day of October 1894.

(Signed)  Rosell Armstrong
(Signed L. S. Henry
residing at Richfield Springs, New York



Codicil to the Last Will and Testament of John Fearn of the town of Exeter, 
Otsego County, N.Y.

I John Fearn, above named do make this codicil to my last Will and Testament 
dated Oct. 6, 1894 and make the same an addition to and to be taken as a part 
thereof.

Whereas my daughter Julia A. Byard formerly Julia A. Newkirk has paid the sum
of Two Hundred and Eighty Dollars in the purchase of monument set up on the
family lot of Joshua Byard and his family in the Schuylers Lake Cemetery and
the said sum of Two Hundred and Eighty dollars should have been paid for by
the children of Elizabeth Byard my deceased daughter.  Now I direct that the
one sixth part of my estate devised and bequeathed to the children of
Elizabeth Byard shall be subject to the payment by said children to my
daughter Julia A. Byard of the said sum of Two Hundred and Eighty Dollars and
with interest thereon at the legal rate since May 1st, 1897.  And I direct
that my said executors deduct the same from the share or property so given to
the said children of Elizabeth Byard, and pay it to said Julia A. Byard unless
the said sum of $280 and accrued interest from May 1, 1897 shall be paid to
said Julia A. Byard by said children before my decease in which event this
provision of this codicil shall be satisfied.  I further direct that in case I
shall pay and expend the sum of Fifty Dollars for a monument or headstone for
my daughter Lina Curry now deceased, then that there shall be deducted from
the share of my estate bequeathed and devised to the children of said Lina
Curry the said sum of fifty dollars and interest thereon from the time I shall
so expend and pay the same a memorandum of which payment will be left with my
executors named in said will.  

In case said children of said Lina Curry shall pay to my estate the said sum
of $50 then this provision of this codicil shall be satisfied.  Such payments
to be made within one year after my decease the said sum of $50 so deducted
from said Lina Currys Children's share of my estate shall be divided among the
legatees and devises named in my will in the same manner as I have divided my
estate in my said will dated October 6, 1894.  I further direct that my said
Executors deduct from the share or property I have devised and given to the
children of Elizabeth Byard any sum of money that may be owing to me at my
death by Squire Byard and Jessie Byard or either of them, and I give and
devise said money so deducted and taken from said childrens share to the
legatees and devisees named in my last will aforesaid to be divided among them
in the manner provided in said will.

In Witness Whereof, I have set my hand the 20th day of May 1897.

(Signed) John Fearn


The above instrument was signed, published and declared by John Fearn to be a 
codicil to his last will and testament in our presence and in presence of each 
other at the date thereof and we have signed our names thereto at his request
as 
attesting witnesses in his presence and in presence of each other the 20 day
of 
May, 1897.

(Signed) L. S. Henry, Richfield Spa. New York
(Signed) Samuel J. Downs, Richfield Spa. N. Y.


Surrogate's Court = Otsego County

In the Matter of Proving the Codicil to the Last Will
and Testament of
John Fearns, Deceased.

Otsego County, ss:
Samuel J. Downs, of the town of Richfield, in the County of Otsego State of
New 
York, after being duly sworn as a witness in the above entitled matters on 
behalf of the proponent to prove said Codicil, says:  I was well acquainted
with 
John Fearns, the said testator, late of the town of Richfield, County of
Otsego, 
deceased, and had known him for more than 25 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 Codicil bearing
date 
the 20th day of May 1897, was made by the decedent at the town of Richfield,
in 
the County of Otsego, in the presence of myself and L. S. Henry, 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 codicil 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 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 States, upwards of the 
age of twenty-one years, and of sound mind, memory and understanding, and not 
under any restraint.

Taken, subscribed and sworn before me this 14th day of March, 1898  (Signed) 
Samuel J. Downs

(Signed) B. G. Johnson, Clerk of the Surrogate's Court


Surrogate's Court==County of Otsego.
In the Matter of Proving the Last Will and Testament of
John Ferns Deceased.

Otsego County, SS:

Rosell Armstrong, of the town of Richfield 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 John 
Ferns, the said testator, late of the town of Richfield 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 
6th day of October 1894, was made by the decedent at the town of Richfield, in 
the County of Otsego in the presence of myself and L. S. Henry, 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 States, upwards
of 
the age of twenty-one years, and of sound mind, memory and understanding, and 
not under any restraint.

(Signed)  Rosell Armstrong

Taken, subscribed and sworn to before me, this 14th day of March A. D., 1898
(Signed) B. G. Johnson, Clerk of the Surrogate's Court


Surrogate's Court = Otsego County

In the Matter of Proving the Codicil to the Last Will
and Testament of
John Fearns, Deceased.

Otsego County, ss:
Samuel J. Downs, of the town of Richfield, in the County of Otsego State of
New 
York, after being duly sworn as a witness in the above entitled matters on 
behalf of the proponent to prove said Codicil, says:  I was well acquainted
with 
John Fearns, the said testator, late of the town of Richfield, County of
Otsego, 
deceased, and had known him for more than 25 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 Codicil bearing
date 
the 20th day of May 1897, was made by the decedent at the town of Richfield,
in 
the County of Otsego, in the presence of myself and L. S. Henry, 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 codicil 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 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 States, upwards of the 
age of twenty-one years, and of sound mind, memory and understanding, and not 
under any restraint.

Taken, subscribed and sworn before me this 14th day of March, 1898  (Signed) 
Samuel J. Downs

(Signed) B. G. Johnson, Clerk of the Surrogate's Court



Surrogate's Court==County of Otsego.
In the Matter of Proving the Last Will and Testament of
John Ferns Deceased.

Otsego County, SS:

I Lowell S. Henry, of the town of Richfield 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 
John Ferns, the said testator, late of the town of Exeter County of Otsego, 
deceased, and had known him for more than twenty-five 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 6th day of October 1894,  & codicil bearing date the 20 day of May 1897
were 
made by the decedent at the town of Richfield, in the County of Otsego in the 
presence of myself and Rosell Armstrong & the codicil in presence of Sam J. 
Downs, 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 States, 
upwards of the age of twenty-one years, and of sound mind, memory and 
understanding, and not under any restraint.

(Signed)  Lowell S. Henry

Taken, subscribed and sworn to before me, this 14th day of March A. D., 1898
(Signed) B. G. Johnson, Clerk of the Surrogate's Court


Otsego County, SS:
It appearing upon the proofs duly taken in respect to the Last Will and 
Testament and Codicil of John Fearn late of the town of Richfield in the
County 
of Otsego, and State of New York, deceased, that the said Will was duly
executed 
and that the said John Fearn 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 Codicil and the proofs and examinations are hereby 
recorded, signed and certified by me, pursuant to the provisions of the Law, 
made and provided, this 29th day of March A. D., 1898

(Signed) Lynn J. Arnold Surrogate