Cortland County
Probate Records
Elijah Moffatt

391

Last Will and Testament of Elijah Moffatt, Deceased.

Be it Remembered, That heretofore to witness on the 20th day of June in the year of our Lord one thousand eight hundred and sixty six Stephen Atwood Executor, named in the Last Will and Testament of Elijah Moffatt late of the Town of Lapeer in the County of Cortland deceased, appeared in open Court, before the Surrogate of the County of Cortland and made application to have the said Last Will and Testament Elijah Moffatt, which relates to both Real and Personal Estate, proved and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs, at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the Town of Cortlandville in said County on the 8th day of October A.D. 1866, to attend the Probate of said Will, And afterwards, to witness on the 8th day of October A.D. 1866, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said will hereinafter set forth, upon this 8th day of October A.D. 1866, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs, are as follows, that is to say.

392

Will

In the name of ? Amen

I Elijah Moffat of Lapeer Cortland County State of New York being of sound mind and memory and considering the uncertainty of the frail and transitory life do therefore make again 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 beloved wife Sally all of my personal estate of every kind and description and wheresoever the same may be to have and to hold the same for and during the term of her natural life she is to have and to use the same for her support and maintenance.

And after the decease of my said wife Sally my said personal estate shall be distributed as follows “by wit”

First I give and bequeath to my eldest son Alfred Moffat the sum of twenty dollars which shall be paid to him my said son Alfred by my Executor out of the proceeds of said personal estate to have and to hold the same for his use and benefit forever which shall be in full satisfaction of all of the claims of my said son Alfred to my said estate.

Second I give and bequeath all the ? ? residue of my said personal estate to my two Daughters “?”, Philinda Spaulding and Lucinda Forshee (Forsher?) To be divided equally between them and cash ? ? equal there thereof to have and to hold the same for their use and benefit forever.

Likewise I make constitute and appoint Stephen Atwood Jr. of Lapeer Cortland County State of New York to be 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 offered my Seal the twenty seventh day of May in the year of our Lord one thousand eight hundred and fifty nine.

> Elijah Moffatt L.S.

The above written instrument was subscribed by the said Elijah Moffat 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 and written opposite our names our respective places of residence.

> Darin C. Squires Lapeer Cortland County New York
Wm. H. Genung Lapeer Cortland County New York

395

SURROGATE’S COURT

In the matter of Probing the last Will and Testament
of
Elijah Moffatt Deceased
Cortland County, SS
Darin C. Squires and Wm H. Genung of Lapeer N.Y. being first duly sworn, in open Court, upon their several corporeal oaths, each for himself, doth depose and say, that, he is a subscribing witness to the last Will and Testament of Elijah Moffat late of the town of Lapeer in the County of Cortland and State of New York deceased. And 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 27th day of May one thousand eight hundred and fifty nine.

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 of 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, 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, that each of these deponents saw the other sign his name to said instrument, in the presence of the said deceased.

> Darin C. Squires Lapeer Cortland County New York
Wm. H. Genung Lapeer Cortland County New York

Subscribed and sworn to before me this} 8th day of October A.D. 1866 }

> Hiram Crandall
Surrogate County 55

Its appearing upon the proofs duly taken in respect to the Last Will and Testament of Elijah Moffat late of the town of Lapeer in the County of Cortland and State of New York, deceased, that the said Will was duly executed and that the said Elijah Moffat 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 8th day of October A.D. 1866.

Surrogate



Submitted by Mary Kreps

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Created Jan 10, 1999

LAST UPDATED: Saturday, 21-May-2011 13:58:24 MDT

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