Posted on: Niagara Co. NY Wills Reply Here: http://genconnect.rootsweb.com/genbbs.cgi/USA/NY/NiagaraWill/29 Surname: WEBB, RANS, BOWMAN, WHITTAKER ------------------------- Niagara County Surrogates Court Last Will and Testament of Joseph Webb deceased BE IT REMEMBERED, that heretofore, to-wit: On the 14th day of November in the year of our Lord one thousand eight hundred and ninety-three, Andrew R. Webb, Executor named in the Last Will and Testament of Joseph Webb late of the Village of Middleport in the County of Niagara deceased, appeared in open Court, before the Surrogate of the County of Niagara, and made application to have the said Last Will and Testament: ________ 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-in-law next of kin of the said Testator and all persons in being who would take an interest in any portion of said real or personal property, under the provisions of said will, and the executor or executors, trustee or trustees named or described therein, of said deceased, and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the proper persons by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate, at his office in the City of Lockport, in said County, on the 9th of December, A.D. 1893, to attend the probate of said Will. Same Matter, Dec. 9th , 1893 Petitioner appears in person & by Charles W. Laskey his Atty and files proof of service of citation or all parties except Arthur Whittaker & Jay Webb. Ordered that a supplemental citation issue to Arthur Whittaker returnable Jany 29th , 1894 at 10 a.m. and matter adjourned to Jany 29th , 1894 at 10 a.m. Chauncey C. Dunkleberger, Surrogate And afterwards, to-wit: On the 29th day of January A.D. 1894, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation & supplemental citation in the mode prescribed by law, and on that day said petitioner appeared in person & by Charles W. Laskey his Atty & it appearing that Jay Webb, Grace Webb, Burt Webb & Arthur Whittaker named in the petition herein are minors who have been duly served with a citation & notice of the application for the appointment of a special guardian Andrew C. Morgan on his consenting thereto was appointed such special guardian to appear for said minors and take care of their interests herein and said special guardian appearing in person and no one appearing to oppose the probate of such Will___________ such proceedings were thereupon had in said Court, afterwards, that said Surrogate took the proofs of said Will __________ , hereinafter set forth upon ______________________________________________________________________________ this 29th day of January 1894 and be therefore adjudged the said Will_________ to be valid Will _______________of Real and Personal Estate are the proofs thereof to be sufficient, which said Last Will and Testament, that is to say Will In the name of God Amen! I, Joseph Webb of the Village of Middleport, County of Niagara and State of New York being of sound mind, memory and considering the uncertainties of this frail and transitory life do therefor make, ordain, publish and declare this to be my last Will and Testament in Manner following that is to say: First, After the payment of all my just debts, funeral expenses and expenses of administering upon my estate I do give, devise and bequeath all the personal estate which I shall own at my decease. Also all the real estate of which I shall die-seized to my children and grandchildren hereinafter named in the following proportionate parts or shares viz: To my children - Andrew R. Webb of the Town of Somerset, Catherine Rans of the Town of Royalton, Anne Bowman and Charlotte Webb both of the Village of Middleport, County of Niagara and State of New York and my son Walter Webb of the City of Jackson in the State of Mich., to each one the one seventh (1/7th) part thereof: And to my grandchildren: Annie Gotts, Jessie Webb, Jay Webb, Grace Webb and Burt Webb (children of my deceased son- Albert Webb), to each one, the one thirty-fifth (1/35th) part thereof; and to my grandchildren Frank A. Whittaker and Arthur Whittaker (children of my deceased daughter Adelaide Whittaker) to each one, the one fourteenth (1/14th) part thereof. Item 1st And I do order and direct that all parts or charges of my property above devised and bequeathed to such of my grandchildren, if any, aforesaid, who shall at my decease be infants under the age of 21 years that all such parts and shares shall be held in trust and invested for their benefit until such grandchild or grandchildren shall arrive at the age of 21 years at which time his, her or their respective shares shall be paid over to them respectively. Item 2nd And I do further order and direct unless otherwise herein directed that all proportionate shares or parts of my personal estate bequeathed hereunder shall be paid over o the several and respective persons herein named within two years after my decease without Interest. And Lastly I d hereby nominate and appoint my son, Andrew r. Webb of the Town of Somerset, Niagara Co N. Y. to be the Executor of this my last Will and Testament hereby revoking all former Wills be me made. And for the purpose of carrying into full power and effect each and every part of the Will and in care the devises herein named or their legal representatives, should after my decease determine it to be for the best interests of all concerned, then also for that purpose. I do hereby give unto my said executor full power and authority to sell, mortgage or lease all or any part of my real estate, and execute deed or deeds absolutely in fee simple or conditionally by mortgage or contract by lease or to work on shares, as the case may be and as he may be advised or decide in the best course to pursue in the premises. In Witness whereof I have hereunto set my hand and seal this 8th day of July in the year A.D. 1893. Joseph Webb (seal) Signed, Sealed, published and declared by the said Testator, Joseph Webb as and for his last Will and Testament in our presence, and we, at his request and in his presence and in the presence of each other have hereunto set our names as witnesses hereto and set opposite our names our respective places of residence, William J. Sterritt, Middleport, NY Charles b. Layton SURROGATES COURT In the Matter of Proving the Last Will and Testament of Joseph Webb Deceased Niagara County, SS/ Chas. B. Taylor and Wm J. Sterritt being duly sworn, in open Court and 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 Joseph Webb late of the Village of Middleport in the county of Niagara and State of New York deceased. And these deponents do further say, that the said Joseph Webb deceased, did, in the presence of each of 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 tenth day of July one thousand eight hundred and ninety three. That the said deceased did, at he time of subscribing his name to said instrument 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 to 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 the said instrument in the presence of the said deceased. Taken, subscribed and sworn to before me, this 29th day } Charles B. Taylor of January 1894 William J. Sterritt Chauncey E. Dunkleberger, Surrogate NIAGARA COUNTY , S.S. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Joseph Webb late of the Village of Middleport in the County of Niagara, and State of New York, deceased, that the said Will was duly executed, and that the said Joseph Webb deceased; at the time he executed the same, was in all respects competent to devise real estate, and not under any restraint, and that 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 29th of January 1894.