Will of William Burton


Schoharie County NYGenWeb Site

Submitted by Karen Dakan

Will of William Burton
1881

Will of William Burton

In the name of God, Amen. I, William Burton of Schoharie, State of New York, 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 I devise to my son William C. Burton the steam saw mill and appurtenances situate in the town of Fulton containing about nine acres of land. Also the sum of seven hundred dollars (700) to himself his heirs and assigns forever.

Second. I give and bequeath to my grandchildren Marcus D. Markle, Ellen Markle and Frances Markle each the sum of five hundred dollars (500).

Third. I give to my grandchildren Fara Burton, Seymour Burton and Lafayette Burton, children of my deceased son Lafayette Burton each the sum of five hundred dollars (500), to John Burton, Delbert Burton three hundred dollars each (300) and Marget Burton two hundred dollars (200) children of my son Lafayette.

Fourth. I give and bequeath to my grandchildren Jay Burton five hundred dollars (500) and Ann Burton two hundred dollars (200) children of my deceased son James Burton.

Fifth. I give to my daughters Esther M. Rich and Margret C. Hogan each the sum of twenty five dollars (25).

Sixth. All the residue remains of my estate both real and personal I do give and devise to my above names children and grandchildren is equal proportion and to their respective heirs and assigns forever.

Seventh. The legacies above bequeath to my grandchildren Fara, Seymour and Lafayette I direct to be paid to them when they shall arrive to the age of twenty one with interest from one year after my decease.

Likewise, I make constitute and appoint my son, William C. Burton, and my grand son law (sic) Robert Doran to be Executors 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 9 April in the year of our Lord one thousand eight hundred and seventy one.

William Burton L. S.

The above written instrument was subscribed by the said William Burton 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.

William Willsey Schoharie
Marshall Lott do

In Surrogate Court, Schoharie County )
In proceedings to prove a written )
Instrument as the last will and testament )
Of )
William Burton, late of Schoharie, Decd. )

George Rich, a witness called by proponent and being duly sworn says,

I reside in Schoharie. I am 36 years of age past, am a farmer. I knew William Burton the alleged testator in his life time for twenty years before his death. I have seen him write, am acquainted with his handwriting. He is dead. From my knowledge of his handwriting, and from papers in our family acknowledged by him, I believe the entire body of the instrument shown me, including the name at the end of the will, I believe to be in the genuine handwriting of the said William Burton, excepting only the names of the subscribing witnesses. He died July 22, 1880, in this town. The paper shown me marked "Exhibit A" was found after his death among his papers in a book where he had other papers and writings of his. The other will was dated a year prior to this, in May, 1870; this is dated April 19th, 1871. He was 87 years of age when he died. In April 1871 he was quite smart. He let money, took notes etc. about that time I think he was competent to transact business. – G. S. Rich

Read to, subscribed by and sworn to )
Before me April 25th 1881 )
Chas. Holmes, Surrogate )

James Livingston a witness produced by the proponent being first duly sworn says,

I live in Schoharie, am a farmer. Knew decd. in his life time, have seen writings said to have been written by him. I don’t know that I have seen him write. I knew William Wilsey in 1871. He now lives in Wisconsin. He left 7 or 8 years ago, is there now as I understand it. I have seen his handwriting, that I knew to be his. From my acquaintance think the name below the attestation clause is in his handwriting. I have no doubt of it. – James Livingston

Read to, subscribed by and sworn to )
Before me April 25th 1881 )
Chas. Holmes, Surrogate )

Stephen L. Mayham called by proponent and being first duly sworn says,

I am a lawyer, knew the decd. in his life time, saw him write and know his handwriting, believe the body attestation clause and signature to the instrument shown me to be the genuine handwriting of the alleged testator. I have no doubt of it. – S. L. Mayham

Read to, subscribed by and sworn to )
Before me April 25th 1881 )
Chas. Holmes, Surrogate )

John D. Wilsey called by proponent and being first duly sworn says,

I live in Schoharie, am a farmer, aged over 65. I knew William Wilsey, a witness to Paper A. He moved to Wisconsin 8 or 9 years ago. I have corresponded with him, have seen him write. I have no doubt the signature below the attestation clause is in his genuine handwriting. – J. D. Wilsey

Read to, subscribed by and sworn to )
Before me April 25th 1881 )
Chas. Holmes, Surrogate )

Augustus Lott called by proponent and being first duly sworn says,

I live in Schoharie. I am 24 years old past. I am a son of Marshall Lott. He died two years ago. I was well acquainted with father’s handwriting. I have seen him write. He was a neighbor of William Burton. I believe the signature to the attestation clause of paper A shown me is in father’s genuine handwriting. I have no doubt of it. – Augustus Lott

Read to, subscribed by and sworn to )
April 25th 1881 )
Chas. Holmes, Surrogate )

Mary Lott called by proponent being first duly sworn says,

I am a sister of last witness, and daughter of Marshall Lott, decd. I have seen father write frequently. I think the signature to the attestation clause of ex’t. A is in the genuine handwriting of father – Mary Lott

Read to, subscribed by and sworn to )
Before me April 25th 1881 )
Chas. Holmes, Surrogate )

 

Surrogate Court

Schoharie County

I, Charles Holmes, Surrogate of Schoharie County, do hereby Certify that the last will and Testament of William Burton, late of the town of Schoharie, in the County of Schoharie, deceased, of which the foregoing record is a true copy, was by me duly admitted to probate and recorded as a will relating to both real and personal estate on the twenty fifth day of April, one thousand eight hundred and eighty one, which record, together with the foregoing record of the proofs and examinations taken before me in relation to the execution and validity thereof is hereby signed and certified by me pursuant to the provisions of the revised statutes of the State. – Chas. Holmes, Surrogate


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