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Chemung Co NY
ROWE, Abram – Veteran 19-406
Transcribed from SAMPUBCO copy
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 8th day of April, 1907.
In the Matter of Proving the Last Will and Testament of Abram Rowe, Deceased.
Be it remembered, That heretofore, to-wit; On the 18th day of March, in the year of our Lord, one thousand nine hundred seven, before the surrogate of the County of Chemung, came Samuel B. Rowe, named as Executor, in the Last Will and Testament of Abram Rowe, late of the Town of Veteran, in said County of Chemung, deceased, and by petition in due form, made application to have the said Last Will and Testament of Abram Rowe, 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 widow; heirs at law and next of kin of the said Testator 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:
Charlotte Rowe, widow, Millport, N. Y.
Alice Tompkins, daughter, Millport, N. Y.
John C. Rowe, son, Watkins, N. Y.
Eleanor P. Rowe, daughter, Elmira, N. Y.
Samuel B. Rowe, son, Millport, N. Y.
George B. Rowe, son, Millport, N. Y.
Josiah A. Rowe, son, Millport, N. Y.
All of full age and sound mind except said Josiah A. Rowe, an infant.
And thereupon said Surrogate issued a Citation in due form of law, directed to said widow, 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 8th day April, 1907, 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 upon all the persons to whom said citation was directed; thereupon H. D. Wilcox, Esq., was duly appointed Special Guardian of the infant, Josiah Rowe, and, as such, duly filed his consent to the probate of said will;
That on the 8th day of April, A. D., 1907, 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 Abram Rowe, deceased, and as such a Will, valid to pass real and personal property, which said Last Will and Testament and proofs are as follow, to-wit:
THE WILL
In the Name of God. Amen.
I, Abram Rowe of Millport, N.Y. being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last Will and Testament, that is to say:
First. – After all my lawful debts are paid and discharged, I give and bequeath to my wife, Charlotte Rowe the use during her lifetime of all my estate both real and personal
2nd. After the death of my said wife, all my real estate and whatever may remain of my personal estate shall become the absolute property of my Son Samuel B. Rowe on condition that during the lifetime of his mother he shall provide her comfortable support and maintenance and care for the said property and pay all taxes that may be lawfully levied against the same; it is also stipulated that he shall also pay to each of his brothers and sisters the sum of five dollars.
Likewise, I make, constitute and appoint my son Samuel B. Rowe to be sole executor of this my last Will and Testament, hereby revoking all former Wills by me made.
In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the second day of January, in the year of our Lord one thousand nine hundred and seven (1907)
Abram Rowe (Seal)
The above partly written and printed instrument was subscribed by the said Abram Rowe in our presence and acknowledged by him to each of us; and he at the same time declared the above instrument, so subscribed, to be his last Will and Testament; and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other, and written opposite our names our respective places of residence.
Millport, N. Y. Elliner P. Rowe
Millport, N. Y. C. W. Sleeper
THE PROOFS:
In the Matter of Proving the Last Will and Testament of Abram Rowe, Deceased
Chemung County, ss.
Eleanor Rowe, residing at Millport, N. Y. and C. W. Sleeper residing at Millport, N. Y., being severally duly sworn, in open Court, doth each for himself, doth depose and say, that they are subscribing witnesses to the Last W ill and Testament of Abram Rowe, late of the Town of Veteran, in the County of Chemung and State of New York, deceased. And these dependents do further say that the said Abram Rowe, deceased, did, in the presence of each of these deponents, subscribe his 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 second day of January, one thousand nine hundred and seven. That the said deceased did, at the time of subscribing his name to the said instrument, as aforesaid, declare the same to be his Last Will and Testament, and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence, and in the presence of each other: That the said deceased at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument, as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; the he appeared to be, and deponents believe he was of sound 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 been changed or altered since its execution by deceased, and further may not.
Sworn and subscribed before me, this 8th day of April, 1907. Elliner P. Rowe
George McCann, Surrogate. C. W. Sleeper
Chemung County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Abram Rowe, late of the Town of Veteran, in the County of Chemung and State of New York, deceased, that the said Will was duly executed, and that the said testator at the time he executed the same, was in all respects competent to devise real estate, and not under any restraint, the said Last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to law, this 8th day of April, A. D., 1907.
George McCann, Surrogate
