MERRITT S. IVES (Died: 23 Nov 1895)

(Note: This will was partially hand written an difficult to read. Blanks were placed where the handwriting was unreadable.)

Last Will and Testament

I, Merritt Ives of Albion, County of Orleans, and State of New York, do make, ordain, publish and declare this to be my last Will and Testament, in manner and form following, that is to say:

First.-- I direct the payment of my just debts, if any.

Second.—[handwritten] I give and bequeath to my wife Martha A. Ives with _____ and now reside the use of one half of the real estate which I now own situate on Canal Street in the village of Albion together with all of my household furniture ____, in lieu of dower, so ____ as she _______ my widow. It is my intention to give her the household furniture absolutely.

Third. I give and bequeath to my daughter, Olive Leavens the sum of One Thousand Dollars absolutely and charge the payment of the same from my estate.

Fourth. I give, devise and bequeath to my three children Harriet Fuller, Olive Leavens and Albert Ives all the _____ residue and remainder of my estate, share and share alike to them, their heirs and assigns ____ ______.

Likewise, I make, constitute and appoint Bert Ives ______ my son (hereby _____ ________ ________ _______ to sell and __________ _______ real estate in settlement of my estate to be the 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 Twenty Eighth day of June, in the year of our Lord one thousand eight hundred and ninety-three.

/s/Merritt S. Ives

The above partly written and partly printed instrument was subscribed by the said Merritt S. Ives 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.

Bery E. Williams residing at Albion, New York.

Harry Cooper residing at Albion, New York.

 

S U R R O G A T E ‘ S C O U R T, Orleans County.

In the matter of the probate of the last

will and testament of Merritt Ives of

Albion, Orleans County, N.Y., deceased.

TO THE SURROGATE’S COURT, ORLEANS COUNTY:

The petition of Albert Ives respectfully shows to this court upon information and belief that Merritt S. Ives late of the village of Albion, Orleans County, N.Y., departed this life on or about the 23rd day of November, 1895, leaving a last will and testament, dated on or about the 28ty day of June, 1893. That said decedent was a citizen of the United States, and was immediately previous to his death a resident of the village of Albion, County of Orleans and State of New York. That said Will relates to both real and personal property, and that the value of the personal property does not exceed $400. That as your petition is informed and believes the following persons are the widow and only heirs at law and next of kind of said decedent, to wit:

Martha A. Ives, residing at Albion, Orleans County, N.Y.; Harriet Fuller, residing at Carleton, Orleans County, N.Y.; Albert Ives, residing at Waterport, Orleans County, N.Y. and Olive Leavens, residing at Eagle Harbor, Orleans County, N.Y. That all of said persons are of full age. That said decedent left no other relatives or next of kin, known to your petitioner.

WHEREFORE, your petitioner prays that said last will and testament may be proved, and letters testamentary granted thereon according to law, and that the above said widow and next of kin may be cited to at end the probate thereof, pursuant to the statute in such cases provided and the practice of said court.

Dated January 26th, 1896.

/s/Albert Ives

STATE OF NEW YORK,

ss.

COUNTY OF ORLEANS.

Albert Ives the petitioner being duly sworn says, that the foregoing petition subscribed by him is true to his own knowledge except as to those matters therein stated to be alleged on information and belief. That as to those matters he believes it to be true.

Sworn to before me this 26th day of January, 1896.

/s/Albert Ives

/s/Bery E. Williams

Notary Public

STATE OF NEW YORK,

ss.

COUNTY OF ORLEANS.

Albert Ives being duly sworn says, that he will faithfully and fairly discharge his duties as Executor of the Last Will and Testament of Merritt S. Ives.

Sworn to before me this 26th day of January, 1896.

/s/Albert Ives

/s/Bery E. Williams

Notary Public

 

Submitted by: Lynn Hammond 25 Jan 2004