This is a Message Board Post that is gatewayed to this mailing list. Surnames: Kirkmire, Klink, Muckey, Storrs Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/an/RRB.2ACE/7546 Message Board Post: Cattaraugus County, New York, Will Book Volume # 18 (1902-1903), Pages 433-436. Last Will and Testament of Mary A. Kirkmire, dated 23 April, 1895 Probate Date: 3 February, 1903, at Salamanca. Surrogate: Carey D. Davis Executors: Sophia M. Muckey & Fannie T. Storrs Witnesses: Otis Whipple & Thomas Storrs PAGE 433: At a Surrogate's Court, held in and for the County of Cattaraugus, at the Surrogate's office in Salamanca on the 3rd day of February A. D. 1903. Present: Carey D. Davie, Surrogate. In the matter of proving the last will and testament of Mary A. Kirkmire deceased. On the 3rd day of Feb. A. D. 1903 Sophia M. Muckey, executrix named in a certain instrument in writing, purporting to be the Last Will and Testament of Mary A. Kirkmire late of the town of Olean in said county deceased, applied in this Court to have the said instrument, which relates to real and personal estate proved as the Last Will and Testament of the said deceased; and thereupon the Surrogate of said County did ascertain by satisfactory evidence the facts required by law, and the said applicant appeared Thos. Storrs Attorney and none of the heirs at law or next of kin appearing and all parties entitled to citation having duly waived citation and there being no infant heir at law or next of kin of said deceased appearing and no other parties or persons appearing, such proceedings were thereupon afterwards had on the said 3rd day of Feb. A. D. 1903 that the said Surrogate took the proof in support of the said instrument as follows: Surrogate's Court, County of Cattaraugus, ss: in the matter of proving the will of Mary A. Kirkmire deceased. Affadavit not on regular blank. Recorded in Vol. 27 of M. & O. ap. pages 123-125. ~ CC PAGE 434: I Mary A. Kirkmire of the town of Olean Cattaraugus County and State of New York, being aware of the uncertainty of life, do make, ordain, publish and declare this to be my last Will and Testament, in the manner and form following, that is to say: - After the payment of my funeral charges, the expenses of administering my estate and paying my lawful debts, I give, devise and bequeath my property as follows. First: I give and bequeath to my son Charles Kirkmire the sum of one hundred dollars. Second: I give and bequeath to my daughter Frances Klink the sum of one hundred dollars. Third: I give and bequeath to Sophia M. Muckey the sum of one hundred dollars. Fourth: I give and bequeath to Adella Kirkmire and Josephine Kirkmire the daughters of the aforementioned Sophia M. Muckey the sum of four hundred dollars to be shared and divided equally between them or their heirs, share and share alike. Fifth: I give and bequeath to my husband’s brother Joseph Kirkmire who has lived in my house the sum of one hundred dollars. And also charge my estate with his support during his natural life, to be supported in the home of those hereafter mentioned, or wherever they may think best to provide for him. Sixth: I next give and bequeath to said Adella & Josephine Kirkmire the rest residue and remainder of my property of whatsoever kind and description, to have and to hold to them and their heirs forever, as well real estate as personal property. And it is my request they said Adella & Josephine Kirkmire care for provide and support the above mentioned Joseph Kirkmire the brother of my deceased husband during his natural life, providing him with necessary clothing and food. But leaving to them the manner of doing so whether at his home or where they see fit. Seventh: And for the purpose of carrying into effect this my last will and testament, I hereby constitute and appoint the above mentioned Sophia M. Muckey and Fannie T. Storrs of Olean Cattaraugus County and State of New York Executors of this my last will and Testament, hereby reworking all former Wills by me made. PAGE 435: In Witness whereof I have hereunto sent my hand and seal this 23 day of April 1895. Mary A. Kirkmire (L.S) The above instrument consisting of one sheet written by a typeWriter on one side only, was now here subscribed by Mary A. Kirkmire the testatrix in the presence of both and each of us and was at the same time in the presence of both and each of us declared by her to be her last Will and Testament; and we at her request, in her presence, and in the presence of each other sign our names thereto as attesting witnesses. Otis Whipple Olean Catt. Co., N.Y. Thos. Storrs Olean Catt. Co. N.Y. PAGE 436: IN THE SAME MATTER: On reading and filing due waver of the service of the citation in this matter, and upon due proof of the execution of the paper propounded as the Last Will and Testament of Mary A. Kirkmire late of the town of Olean in said County, deceased, bearing the date 23rd day of April 1895 the petitioner appearing Thom. Storrs attorney and none of the heirs at law or next of kin appearing and all parties entitled to citation having duly waived citation and there being no infant & heirs at law or next of kin of said deceased and it appearing by such proof that the said will was duly executed, that the testatrix at the time of executing the same, was of full age for making a will, was of sound mind and memory, and not under restraint, and in all respects competent to devise real estate, and the probate thereof not having been contested; It is ordered, adjudged and decreed that the said paper purporting to be the last Will and Testament of the said Mary A. Kirkmire deceased , was duly executed to pass real and personal estate, and that the same with the proofs thereof be recorded and admitted to probate as a Will of real and personal estate. WITNESS Carey D. Davis Surrogate, and seal of the Court the day and year of above Written. [L. S.] STATE OF NEW YORK, Cattaraugus County, Surrogate Office. Recorded the preceding Last Will and Testament of Mary A. Kirkmire late of said county, deceased, as a will of real and personal estate, together with the proofs taken in the Surrogate’s court of Cattaraugus County which record is hereby signed and certified by me, pursuant to the provisions of the Revised Statutes, this 12th day of Feb. A. D. 1903 Carey D, Davis Surrogate