At a Surrogates Court held in the Court of Lewis, at the Surrogates office in the Village of Lowville, on the fourteenth Day of July One Thousand Eight hundred x fifty nine.
Present Edward A Brown – County Judge
In the matter of proving }
The last will x testament}
of
Jacob Clemens – deceased
Be it remembered that on the 28th of October one thousand Eight hundred x fifty eight, Eva Clemens of the town of Osceola in said County, came before said court x made x filed her petition duly verified, setting fourth that Jacob Clemens late an inhabitant of the said county had died, having previously made x published his last Will x Testament relating to the personal Estate only x therein had named Eva Clemens, his widow Sole Executrix thereof – That the heirs x next of kin of said deceased are – Peter Clemens, Philip Clemens, David Clemens, Elizabeth Blazier x Katy Adams residing at Osceola in the County of Lewis – Benjamin Clemens residing at Steuben, Oneida County – John Clemens residing in the town of Boonville, Oneida County x Mathew Clemens residing at Kane County in the State of Illinois x that said widow x all of the heirs at law of said deceased are of full age and praying that the said last will x testament might be admitted to probate x letters testamentary granted therein -
Whereupon the said County Judge, being fully satisfied of the truth of the facts in said petition set forth, as aforesaid, an Order was duly made by said Surrogates Court x entered therein, that Citation be issued out of x under the Seal of this Court, directed the proper persons in due form of law – requiring therein each of them to appear before the said County Judge, at his office in Lowville on the 28th day of December the next, at 10 o’clock in the forenoon – then x there to attend the probate of the said last will x testament -
At this time x place last aforesaid, the said Eva Clemens appeared before said County Judge x produced x filed due proof by affidavit, of the Service of said citation, according to law, on all the persons entitled thereto – The subscribing witnesses to the said will then not being present, the said Executrix Eva Clemens pray the County Judge that the proceeding of proving the will might be adjourned till the 14th July 1859 – Which prayer was granted -
At the time x place last aforesaid, no one appearing to oppose the proof of said will - x also on the day x the place last aforesaid the said Eva Clemens provided the said will before the said County Judge for probation who did then x there proceed to hear the proofs, allegation on the premises x John H Cramer of Canton – St Lawrence Co., NY subscribing witness to the said will appeared before said County Judge x his duly sworn x testified as such witness and his testimony, after having been reduced to writing was carefully read over to him x subscribed by him – and the same is recorded as herein after set as follows – Viz.
Lewis County___ John H. Cramer of Canton, St Lawrence Co. N.Y. being duly sworn x examined in open Court testified, that he was well acquainted with Jacob Clemens – deceased and had been for the last Eight years immediately preceding his death, that he died in the month of August last past at Osceola, in the county of Lewis, which was his place of residence at the time of his death, that he saw the said Testator sign the paper here offered to be proved, recorded x admitted to probate as the last will x testament of the said Jacob Clemens deceased, on the day, the same bears date, as he verily believes, (the seal having been previously affixed) that this deponent signed the same at the same time as a subscribing witness in the presence of the Testator and at his request, and in the presence of Silas H Fox – who also at the same time signed the same as a subscribing witness – in the presence of the Testator and at his request and in the presence of this deponent; that the said Testator at the time he so signed the said will, then x there, in the presence of this Deponent, x in the presence of the other subscribing witness – published x declared the same as x for his last will x testament – and this deponent further says that the said Testator at the time he so signed, published x declared the same as aforesaid, was of sound and disposing mind and memory, of full age and not under restraint, and capable of devising real x personal estate –
That Silas A. Fox, who subscribed said will, as a witness thereto, is now dead- That his signature to said will is in his own handwriting, - that he was familiar with the hand-writing of said Fox x saw him sign said will as such witness x further says not –
John H Cramer
Subscribed x sworn in open court, this}
14th of July 1859 – before me. }
Edward A Brown
County Judge
The foregoing proofs x examinations, taken before me, the County Judge aforesaid, at the time x place first mentioned x the depositions of the saidwitness, were by him subscribed after having been carefully read over to them and I, the said County Judge, being satisfied, upon the said proof taken, that the said will is genuine x valid, x was duly executed; that the said Testator at the time of executing the same, was in all respects, competent to devise real x personal Estate, and not under restraint, do therefore allow the said will to be admitted to probate x the said will, proofs x examinations, to be recorded,
aforesaid, the day x year first aforesaid - Witness, Edward A Brown, County Judge
Edward A Brown
County Judge
Will
The last will and testament of Jacob Clemens of the Town of Osceola in the County of Lewis and State of New York, made the 14th day of June One Thousand Eight hundred and fifty six, I Jacob Clemens, considering the uncertainty of this mortal life and being of sound mind and memory (blessed be almighty God for the same) do make and publish this my last will and testament in manner and form following: (that is to say) I give and bequeath to my beloved wife Eva Clemens all of my house hold goods and residue of my personal estate whatsoever and whosesoever, of what nature, kind and quality so ever, the same may be and not herein before given and disposed of (after payment of my debts and funeral expenses) I do give and bequeath unto my wife Eva Clemens her executors, administrators, and assigns, to and for her, and their own use and benefit – absolutely: and I do hereby constitute and appoint my said wife Eva Clemens, sole Executrix of this my last will and Testament.
In witness whereof, I have hereunto set my hand and seal the 14th day of June in the year of our Lord, One Thousand Eight hundred and fifty six.
his
In presence of } Jacob X Clemens SS
Seymour Green} mark
The foregoing instrument of one page of one half sheet was at the date thereof declared to us by the testator Jacob Clemens, to be his last will and testament, and he then acknowledged, to each of us, that he had subscribed the same: and we at his request, sign our names hereto, as attesting witnesses:
Silas A Fox Residing in Osceola, Lewis Co., NY
John H Cramer Residing in Osceola, Lewis Co., NY
County of Lewis Recorded the preceding last will and testament of Jacob Clemens deceased, as a will of personal estate together with the proofs taken in the Court of the Surrogate of the County of Lewis, relating to the said last will and testament; which record is hereby signed x certified by me, pursuant to the provisions of the Revised Statutes of this State, this fourteenth day of July, one thousand Eight hundred x fifty nine.
E.A. Brown
County Judge