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Tri-Counties Genealogy &
History by Joyce M. Tice
Tri-Counties Legal Documents
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Bradford County PA
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Chemung County NY
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Tioga County PA
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Joyce's Search Tip - January 2008
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Hello Joyce,
This is the will of Maria C. (Bennett) Morgan of Elmira, who died in
1899 and is buried in Woodlawn Cemetery. If you would like to put
it on your website that would be great!
Thank you,
Jean Walker
P. 158
At a Surrogate’s Court, held in and for the County of Chemung, in the
State of New York, at the office of the Surrogate in the city of Elmira,
on the 13th day of December, 1899.
In the Matter of Proving the Last Will and Testament Maria C. Morgan,
deceased. Be it Remembered, That Heretofore, to wit: On the 13th day of
October in the year of our Lord, one thousand eight hundred and ninety-nine,
before the Surrogate of the County of Chemung came Guy B. Morgan, son of
the next of kin named as Execut in the Last Will and Testament of Maria
C. Morgan late of the City of Elmira in said County of Chemung, deceased,
and by petition in due form made application to have the said Last will
and Testament of Maria C. Morgan, which relates to both real and personal
property, admitted to Probate, and on such application, being made, the
said Surrogate duly ascertained who were the heirs at law and next of kind
of the said Testatrix and entitled to notice of the time and place of proving
said Last Will and Testament and found their names, relationship and respective
places of residence to be as follows to-wit:
Goodwin H. Morgan, son, Elmira, NY.
Herbert A. Morgan, grandson, Auburn, NY.
Err L. Morgan, grandson, Williamsport, PA.
Guy B. Morgan, grandson, Elmira NY.
Fay Morgan, grandson, Elmira, NY.
May F. Morgan, granddaughter, Elmira NY, an infant.
And there upon said Surrogate issued a Citation in due form of law,
directed to said heirs at law and next of kin, requiring them and each
of them to be and appear in said Surrogate’s Court, in the Court House,
in the City of Elmira, in the County of Chemung, on the 30th day of October,
1899, to attend the probate of said Last Will and Testament. That afterwards
and on or before the return day of said Citation, due proof was made and
produced to said Surrogate of the due service of said Citation, in the
manner prescribed by law on all of said heirs at law and next of kin, except
said Err L. Morgan and Herbert A. Morgan, who each duly waived the issuance
and service of a citation herein and consented to the probate of said will,
and Herbert N. Babcock, Esq., having been duly appointed Special Guardian
of said infant May F. Morgan, and said matter having been duly adjourned
from this time to the 13 day of December 1899;
That on the 13th day of December A. D., 1899 no one appearing to oppose
the Probate of said Last Will and Testament, said Surrogate proceeded in
open court to take the Proofs, of the due execution of said Will, and after
taking such proofs, did thereupon adjudge the said will to be the Last
Will and Testament of said Maria C. Morgan, deceased, and as such a will
valid, to pass real and personal property which said Last Will and Testament,
and proofs are as follows, to-wit:
THE WILL
I Maria C. Morgan of the City of Elmira, Chemung County New York, being
of sound mind and memory do make publish and declare this to be my last
will and testament in the matter following.
FIRST-I hereby direct my executor hereinafter named to first pay all
my just debts and funeral expenses.
SECOND. I give devise and bequeath unto my sons Eber F. Morgan and
D. A. Morgan each the sum of Four Hundred dollars and I hereby charge my
real estate with the payment of such portion of said amounts as my said
personal estate shall fail to pay.
P. 159
THIRD. I give devise and bequeath all the rest residue and remainder
of my estate both real and personal unto my three sons Eber F. Morgan Goodwin
H. Morgan and D.A. Morgan each to take an equal share thereof. If my son
D.A. Morgan shall die before I do then in that event the said residue of
my estate to be divided equally between Goodwin H. and Eber F. Morgan and
the Four hundred dollar bequest to D. A. Morgan to lapse.
FOURTH. I hereby nominate and appoint Eber F. Morgan executor of this
my last will and testament hereby revoking all other wills by me made.
In Witness whereof I have hereunto set my hand the 18th day of June
1890.
Maria C. Morgan
The above instrument was at the date thereof signed by the testatrix
in our presence and and declared by her to be her last will and testament
and we thereupon at her request in her presence and in presence of each
other signed our names here to as wtinesses.
E. J. Baldwin, Elmira, Chemung Co., N. Y.
I. N. Burt, Elmira " ", N. Y.
P. 160
The Proofs
In The Matter of Proving the Last Will and Testament of Maria C. Morgan,
deceased.
Chemung County, S.S.
Erwin J. Baldwin of Elmira, Chemung County, New York and I. N. Burt
of Watkins, Schuyler County, New York being severally duly sworn in open
Court, doth each for himself, doth depose and say, that they are subscribing
witnesses to the last will and testament of Maria C. Morgan late of the
City of Elmira, in the County of Chemung, and the state of New York, deceased.
And these deponents do further say that the said Maria C. Morgan, deceased,
did, in the presence of each of these deponents subscribe her name at the
end of the instrument in writing, which is now here shown to these deponents,
and which purports to be the Last Will and Testament of the said deceased,
and which bears date on the 18th of June one thousand eight hundred and
ninety. That the said deceased did, at the time of subscribing her name
to the said instruments as aforesaid; declare the same to be her Last Will
and Testament; and these deponents did thereupon subscribe their own respective
names at the end of said instrument, as attending witnesses to the execution
thereof, each at the requests of said deceased, and in her presence and
in the presence of each other: That the said deceased at the time of so
subscribing her name to said instrument as foresaid, and publishing said
instrument as foresaid; was upwards of twenty-one years of age, and a citizen
of the United States; that she appeared to be, and deponents believed she
was sound of mind, memory and understanding, and not under any restraint;
and as deponents verily believe in all respects competent to devise real
estate; that each of these deponents saw the other sign his name to said
instrument in the presence of said deceased: that said deponents have now
here carefully examined said instrument and find that it has in no respect
changed or altered since its execution by the deceased, and further say
not.
Sworn and signed before me, this
13 Day of December, 1899 I. N. Burt
Erwin J. Baldwin
Chas. R. Pratt Surrogate
Chemung County S.S.
It appearing upon the proofs duly taken in respect to the Last Will
and Testament of Maria C. Morgan, late of the City of Elmira, County of
Chemung and State of New York, deceased, that said will was duly executed,
and that said Testatrix at the times she executed the same, was in all
respects competent to devise real estate, and not under any restraint,
the said Last Will and Testament and proofs and examinations are hereby
recorded, signed and certified by me, pursuant to law this 13th day of
December
A. D., 1899.
Chas. R. Pratt Surrogate
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Bradford County PA
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Chemung County NY
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Tioga County PA
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Published On Tri-Counties Site On 12 Jun 2009
By Joyce M. Tice
Email: Joyce M. Tice
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