James WILSON

WILSON, BUCHANAN, MILES, NOBLE, BANCROFT, ABBOTT

Posted By: Sarah Thorson Little (email)
Date: 5/22/2009 at 10:14:50

St Lawrence County NY Will Book Volume #24, page 69
Written: August 29, 1889
Proved: June 30, 1890

Probate of the Last Will and Testament of James Wilson late of Edwards
Surrogate's Court
St. Lawrence County

Be it Remembered, that heretofore, to wit on the 6th day of May A.D. 1890 Mary Wilson a legatee named in the Last Will and Testament of James Wilson late of Edwards in the County of St. Lawrence, deceased, applied to the Surrogate of the County of St. Lawrence to have the said Last Will and Testament which relates to both real and personal estate, proved and recorded; and on such application the said Surrogate did ascertain by satisfactory evidence, who were the widow, heirs at law and next of kin of said deceased testator, and their respective residences, viz:

Isabella Wilson, widow
Mary Wilson
Margaret Wilson
Robert Wilson of Edwards NY
James Wilson of Clarion, Wright County, Iowa,
Peter Wilson of Dysart, Tama County, Iowa
Maud Buchanan of Solon, Johnson County, Iowa
David Wilson whose last known place of residence was Fargo, Dakota

And the said Surrogate did thereupon issue a citation in due form of law, directed to the widow, heirs at law and next of kin by their respective names, stating their places of residence, requiring them to appear before the said Surrogate at his office in the Village of Gouverneur in said County, on the 30th day of June A.D. 1890 to attend the probate of said Will and afterwards, to wit:

On the 30th day of June A.D., 1890 at Gouverneur aforesaid, satisfactory evidence having been presented to the said Surrogate of the service of the said citation in the mode prescribed by law said widow and all said heirs at law and next of kin. No one appearing to oppose the said Will the said Surrogate took the proofs of said Will hereinafter set forth, and did thereupon adjudge said Will to be a valid Will of real and personal estate and the proofs thereof to be sufficient, and that the said Will and the proofs thereof be recorded: which said Last Will and Testament, and the proofs taken thereon are as follows, that is to say:

The Last Will and Testament of James Wilson of the Town of Edwards, County of St. Lawrence and State of New York.

I, James Wilson being of sound mind and memory aware of the uncertainty of life and the certainty of death and desirous of making an equitable and proper disposition of my property at my decease, I do declare this to be my Last Will and Testament in manner and form following that is to say:

First, I direct that all my lawful debts be paid.

Second, I give and bequeath unto my son James Wilson now residing in Clarion, Wright County, Iowa Three Hundred Dollars ($300.00).

Third, I give and bequeath unto my son Peter Wilson now residing in Dysart, Tama County, Iowa Three Hundred Dollars ($300.00).

Fourth, I give and bequeath onto my granddaughter Maud Buchanan now residing in Solon, Johnson County, Iowa Three Hundred Dollars ($300.00). The foregoing legacies are to be due and payable four years from the date of my death and they are not to draw interest until due.

Fifth, all the rest residue and remainder of my estate both real and personal including lapsed legacies if any I give devise and bequeath to my three children Mary Wilson, Margaret Wilson and David Wilson in equal shares with the provisions hereinafter mentioned. I intended this devise to Mary, Margaret and David Wilson to include my homestead farm of about 112 acres: the Loop lot so called of about 94 acres one undivided half of the Dodge? lot (which lot consists of about 135 acres) and a wood lot of about 70 acres all lying and being in St. Lawrence County and all other property owned by me at my death.Subject however to the payment of the legacies mentioned in second, third and fourth provisions of this Will and also subject to the provisions hereinafter
mentioned. Provided however that in case my son David shall die either before or after my death without heirs of his body I give and devise the whole of the property mentioned in the fifth clause of this Will to my said daughters Mary Wilson and Margaret Wilson. It is my will that my wife Isabella shall be provided with a home at the place where we now live so long as she may desire and be well and properly cared for and furnished with suitable food and clothing and I make this provision for her a charge upon the property mentioned in the fifth clause of this Will. I authorize and empower my executors to sell and convey any real estate or any portion thereof as they may think proper for the sole purposes of ... paying my debts or the
legacies above mentioned in the second third and fourth clauses of this Will.

Likewise I make, constitute and appoint Ira C. Miles? of Edwards NY and Mary Wilson my daughter to be my executor and executrix 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 offered my seal the 29 Day of August in the year of our Lord one thousand eight hundred and eighty nine.
James Wilson L.S.

The foregoing instrument was at the date thereof subscribed by James Wilson the testator therein named in the presence of us and each of us. He at the time of making such subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his last Will and Testament. Whereupon we at his request and in his presence and in the presence of each other do here subscribe our names as witnesses thereto.
Frank Noble, residing at Edwards, NY
Earl Bancroft, residing at Edwards, NY

Surrogate's Court
In the matter of proving the Last Will and Testament of James Wilson Deceased.
St. Lawrence County, ss.

Frank Noble an Earl Bancroft being first duly sworn in open court, upon their several corpoal oaths each for himself, doth depose and say that they are subscribing witnesses to the Last Will and Testament of James Wilson late of Edwards in the County of St. Lawrence and State of New York, deceased. And these deponents do further say that the said James Wilson 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 and which purports to be the Last Will and Testament of the said deceased, and which bears date the 29th day of August A.D. 1889. That the said deceased did at the time of so subscribing his name to said instrument declare the same to be his Last Will and Testament; and these deponents did thereupon subscribe their own respective names to said instrument, as attesting witnesses to the execution thereof, each at the request of said deceased, and in his presence, and in the presence of each other; that the said deceased was at the time, upwards of twenty one years of age, and was a citizen of the United States, and a resident of the County of St. Lawrence; that 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.

Sworn to before me June 30th, 1890 V.P. Abbot, Surrogate
Frank Noble
Earl Bancroft

St. Lawrence County, ss.
It appearing from the proofs duly taken, in respect to the Last Will and Testament of James Wilson late of Edwards in the County of St. Lawrence and State of New York deceased, that the said Will was duly executed and that the said James Wilson 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 proofs and examinations are hereby Recorded, Signed and Certified by me, pursuant to the provisions of the Revised Statutes, this 30th day of June A.D. 1890
V.P. Abbott, Surrogate