Town of Saratoga, Saratoga County
Transcribed from SAMPUBCO copy
The Last Will and Testament of Lewis Devoe late of the town of Saratoga, in the County of Saratoga, deceased, relating to both real and personal estate, admitted to probate April 26, 1901.
At a Surrogateâ€™s Court held in and for the County of Saratoga, at the Surrogateâ€™s office in the Village of Saratoga Springs on the 26th day of April, 1901:
Present:-Hon. Elias H. Peters, Surrogate.
Be it Remembered, that at a Surrogateâ€™s Court held in and for the County of Saratoga, at the Village of Saratoga Springs, on the 5th day of April, 1901, Burton Devoe of the Town of Saratoga, in the County of Saratoga, a person named as Executor in a certain instrument in writing purporting to be the Last Will and Testament of Lewis Devoe dated January 4, 1901, duly appeared and presented said Will for probate and at the same time made satisfactory proof that the said Lewis Devoe died January 26, 1901, being at the time an inhabitant of said County of Saratoga, and that he left him surviving the following his widow and his only heirs-at-law and next of kin, viz: Julia Devoe, his widow, and the petitioner and Blanche Devoe.
Thereupon, a Citation was issued citing them to appear before our said Surrogate, at his office in the Village of Saratoga Springs, in the County aforesaid, on the 26th day of April, 1901 to attend the proof and probate of said Will at which time and place the petitioner again appeared and returned said Citation with proof of the due and legal service of the same upon all to whom it was directed. And it appearing to said Surrogate that Blanche Devoe was an infant and had no testamentary or general guardian, Charles J. Dolittle was duly appointed her Special Guardian for the sole purpose of taking care of her interest in the probate of said Will, and said Special Guardian accepted said appointment and appeared in person at said time and place.
And thereupon, no one opposing, said Will was shown to the attesting witnesses thereto, and proof was taken as follows:
Saratoga County, ss: William S. Ostrander and Alfred Hammond of the Town of Saratoga, in the County of Saratoga, being duly sworn in open court, on their oaths, do depose and say, that they are subscribing witnesses to the Last Will and Testament of Lewis Devoe, late of the Town of Saratoga, in the County of Saratoga, aforesaid, deceased. And these deponents further say, that the said deceased did, in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to these deponents, and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 4th day of January in the year One Thousand, Nine Hundred and One. That the said deceased did, at the time of subscribing his name to that said instrument as aforesaid, declare the same to be his Last Will and Testament. That deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of said deceased, and in his presence, and in the presence of each other. That the said deceased, at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents.
Subscribed and sworn this 26th day of April, 1901, before me
Wm. S. Ostrander
E. H. Peters, Surrogate
And it appearing from the proof so taken that said instrument was duly executed and that the testator at the time of executing the same was in all respects competent to devise real estate and was not under restraint; and our said Surrogate having inquired into the facts and circumstances, and being satisfied of the genuineness and validity of said instrument, and no objection being made, thereto,
It is ordered, Adjudged, and Decreed, that said instrument be and is hereby admitted to probate as and for the Last Will and Testament of the said deceased valid to pass both real and personal estate. And it is further ordered, that said Will be recorded with the proof thereof, which proof is hereinbefore recorded, and said Will is as follows, to wit:
In the Name of God, Amen
I, Lewis Devoe, of the town of county of Saratoga and State of New York, being of sound and disposing mind and memory but mindful of the uncertainty of life, do make, publish and declare this to be my last Will and Testament in manner following:
First, I direct that all my just debts and funeral expenses be duly paid.
Second, I give, devise, and bequeath unto my wife, Julia Devoe all my estate real and personal during her natural life, but my son, Burton Devoe if he so desires have a home with her.
Third, After the death of my said wife I give devise and bequeath all my estate real and personal to my said son, Burton Devoe, in fee and absolutely.
Fourth, I hereby nominate and appoint my said son Burton Devoe executor of this my last Will and Testament, hereby revoking all former and other Wills by me made.
In witness whereof, I have hereunto set my hand and seal this fourth day of January, AD 1901.
Lewis Devoe LS
William S. Ostrander
On the day of the date of the foregoing instrument Lewis Devoe, the testator therein named, signed the same at the end thereof in the presence of each of us and at the same time declared the same to be his last Will and Testament and we thereupon at this request and in his presence and in the presence of each other, have signed our names as witnesses thereto.
William S. Ostrander, residing at Schuylerville, NY
Alfred Hammond, residing at Schuylerville, NY
Saratoga County, ss:
I, Julia Avery Peters, Clerk of the Surrogateâ€™s Court of said County, do hereby certify the foregoing to be a correct record of the Last Will and Testament of Lewis Devoe aforesaid, deceases, relating to both real and personal estate, together with the proof thereof.
Recorded: April 26, 1901
Julia Avery Peters
Clerk, Surrogateâ€™s Court