Will of William Winne


 
Be it remembered that heretofore, to wit: on the twenty sixth day of April in 
the year one thousand eight hundred and fifty-four, Francis Winne a legatee 
named in the last will and testament of William Winne, late of the town of 
Cherry Valley in the County of Otsego deceased, appeared in open court before 
Hiraim Kinne, 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 surrogate did ascertain by
satisfactory evidence who were the widow, heirs and next of kin of the said
testator and their respective residences and some of them appearing and they
all being of full age, the Surrogate therefore issued a citation directed to
the said widow, heirs and next of kin, requiring them to appear before the
Surrogate of the County of  Otsego at his office in said county on the twelfth
day of June to attend the probate of the said will and testament, to wit: on
the said twelfth day of June, satisfactory evidence by affidavit was produced
and presented to the Surrogate of the service of the said citation in the
manner prescribed by law and on that day no one appearing to oppose the
probate of such will, such proceedings were therefrom had that the Surrogate
took the proof of said last will and testament on the day last aforesaid and
here adjudged the said will to be a valid will of  the 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

Will

In the name of god amen. I William Winne of the town of Cherry Valley, County
of Otsego and State of New York being of sound and disposing mind, memory and 
understanding do hereby make, publish and declare my last will and testament
in manner and form following: 

First, I order and direct that my executor hereinafter named pay all my just 
debts and funeral charges as soon after my decease as conveniently may be.

2d, I give and bequeath unto my beloved wife Mary Winne her support off of the 
farm I now own and possess in said town and county aforesaid which is to
consist of clothing, victualling, lodging, washing and mending, all which is
to be good and comfortable. Also, to have all Doctor's bills paid which is
necessary in her sickness. Also, to have all other necessities furnished her
that she may want or be in need of.  All the above demands is to be furnished
her by my son Francis W. Winne, to whom I give and bequeath my farm above
mentioned. I give and bequeath unto my son Daniel W. Winne fifty-dollars to be
paid to him in two years after my decease and the decease of my wife.  

I give and bequeath unto my three daughters Cornelia Flansburg,  Catharine
Hartorn and Lany Foland, fifty dollars each.  One-half to be paid in one year
after my decease and the decease of my wife, the other one-half to be paid in
three years after the decease of my self and wife. 

I also give and bequeath unto my three daughters aforesaid my bed and bedding,
chests and clothing to be equally divided between them after the decease of
myself and wife.  

I give and bequeath unto my son Coonrod W. Winne, twenty-five dollars.  I
further give, bequeath and devise to my said son Francis W. Winne all and 
ever-my messuage, lands, tenements and hereditaments, with the appurtenances
whereof I am seized in fee situate, lying and being in the town of Cherry
Valley, County of Otsego & State aforesaid now occupied by me and my son
Francis W. Winne, to have and to hold all and every the said messuage, lands,
tenements and hereditaments, with the appurtenances to him, the said Francis
W. Winne, his heirs and assigns forever.  And the said Francis W. Winne is to
keep and support my wife Mary (his mother) during her natural life in a good
and decent manner in victualling, clothing, washing, lodging and mending and
provide for her in sickness and in health with all the necessities she may
require.  And if the said Francis does not provide for her, the said Mary
Winne as above stated after my decease, then the said Mary may go to either of
my aforesaid children and get her support as above mentioned and my son
Francis shall pay for the same. All the rest and residue of my personal estate
whatsover and wheresoever of what nature, kind and quality soever. The same
may be and not herein before disposed of (after payment of my debts legacies
and funeral expenses), I so give and bequeath unto my son Frances W. Winne,
his heirs and assigns to his and their own use and benefit absolutely.  I do
hereby nominate and appoint James Cross of the town and county aforesaid
executor of this my last will and testament and hereby expressly revoke all
and every  former will by me made.  In witness whereof I have hereunto set my
hand and seal the tenth day of December in the year of our Lord 1847.   
William Winne S.S. 

Signed sealed/established and declared by the testator to be his last will and 
testament in the presence of us who at his request and in his presense and in 
the presence of each other executed our names as witnesses.

William T. Thompson of the town of Cherry Valley in the County of Otsego &
State of New York 
John Nieting of the town of Cherry Valley in the County of Otsego & State of
New York

In the matter of proving the last will and testament of William Winne deceased 

William T. Thompson of the town of Cherry Valley in the County of Otsego being 
duly sworn and examined before Hiraim Kinne, Surrogate for the County of
Otsego, did depose and say that he was well acquainted with William Winne now
deceased that he and John Nieting were present as witnesses for the said
William Winne and did subscribe his name to this instrument in writing now
produced and sworn to this deponent bearing the date the tenth day of December
in the year one thousand eight hundred and forty-seven, purporting to be the
last will and testament of the said William Winne deceased. 

That the said William Winne at the time of making the said  subscription 
declared the said instrument to be his last will and testament and requested 
this deponent and John Nieting to sign their names as witnesses thereto.  
Therefore this deponent and the said John Nieting signed their names as 
witnesses at the end of the said instrument.  This deponent further says that
he is of full age and sound of mind and memory in all respects competent to
devise said estate and not under restraint.  This deponent further says that
the said John Nieting is now deceased as he has been informed and believed and
that if he be not deceased, he is a non-resident of the state of New York,
that the deponent saw the said Nieting make his signature which appears at the
end of said will as witness.  

Sworn before me this 12th day of June, 1834
Hiraim Kinne, Surrogate
Wm. J. Thompson

Otsego County SS
It appearing upon the proofs duly taken in respect to the last will and 
testament of William Winne, late of the town of Cherry Valley in the County of 
Otsego deceased, that the said will was duly executed according to law and
that the said testator 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 said proofs are hereby recorded, signed and certified by me
pursuant to the provisions of the Revised Statutes this twelfth day of June in
the year one thousand eight hundred and fifty four.

Hiriam Kinne, Surrogate

Will written Dec 10 1847 Recorded Apr 26 1854