Posted on: Niagara Co. NY Wills Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/NY/NiagaraWill/30 Surname: Durling, Wortman, Updike, Reed, Joslyn, Fisk, Sweet, Simmons, Brewer ------------------------- Niagara Co NY, BREWER, William - Royalton 20-361 Niagara County Surrogate's Court Last Will and Testament and codicil thereto of William Brewer DECEASED. Be it Remembered, That heretofore, to-wit: On the 27th day of August in the year of our Lord one thousand eight hundred and seventy seven Samuel A. Brewer, the Executor named in the Last Will and Testament of William Brewer late of the Town of Royalton in the County of Niagara deceased, appeard in open Court, before the Surrogate of the County of Niagara, and made application to have the Last Will and Testament + Codicil which relates to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow 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 widow heirs at law and next of kin of said deceased by their respective names, stating their respective places of residence at his office in the City of Lockport, in said County on the 8th day of October, A. D. 1877 to attend the probate of said Will. And afterwards, to-wit: on the 8th day of October A. D. 1877, 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 said executor appreared and it appearing that Ella Woodworth and Anna Shook named in the petition in this matter are minors having no General Guardian George P. Ostrander on his consenting thereto was duly appointed the Special Guardian for said minors to appear for them and take care of their interests in the matter and said Special Guardian appearing 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 8th day of October 1877, 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: Will "In the name of God Amen. I William Brewer of the Town of Royalton Niagara County New York aged about 63 years 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 and devise unto my wife Eve Brewer all my household furniture silver and plated ware her personal ornaments and my clothing. I also give and devise unto her the use of the dwelling house now occupied by me to have and to hold the same during her natural life or so long as she remains my widow. I also give and bequesath to her the sum of One Hundred Dollars per year to be paid to her during her natural life the said devise and bequest are to be in lieu and instead of her dower inteterest on the lands owned by me or of which I may die seized. Second. I give and bequeath unto my son Samuel A. Brewer and his heirs the sum of Four Hundred Dollars payable as hereinafter mentioned. Third. I gaive and bequeath unto each of my children George H. Brewer, Louisa Pitcher and Lucinda Robinson the sum of Two Hundred Dollars and to their heirs payable as hereinafter mentioned. Fourth. I give and bequeath unto my grand daughter Shook daughter of my deceased daughter Anna Shook and to her heirs the sum of Fifty Dollars payable as hereinafter mentioned. Fifth. I give and bequeath unto each of my daughters Amelia Goodman Harriet Brewer and Ella Brewer and their heirs the sum of One Hundred Dollars payable as hereinafter mentioned, and in case my wife Eve shall not live ten years after my decease, then my will further is that there be paid to said Amelia Harriet and Ella and their heirs in equal shares the remainder of said annual payments of $100 to bequeathed to her until the whole amount thereof shall equal One Thousand Dollars including the amount to be paid to her during her life time. Sixth. My will further is that the bequests hereinbefore mentioned to my said children be paid in payments of Two Hundred Dollars each the first of which is to be paid in five years after my decease without interest and then paid in annual payments of Two Hundred Dollars per year thereafter with interest until the whole of the same are paid and that my said children be paid according to the priority of age commencing the said Samuel A. And further that said bequests be a lien and charge upon my Real Estate until the same are severally paid as aforesaid all of said bequests to have interest after five years from my death. Seventh. I give bequeath and devise unto my son Alfred D. Brewer and his heirs the farm in said Town of Royalton on which I now reside subject to the use of the dwelling house thereon by my said wife and also subject to the mortgage incumbrance thereon and the liens and charges hereinbefore specially charged therein in favor of my said other children and said grand child and any debts I may owe over and above my personal estate and also give and devise to him all the rest and residue of my real and personal estate, of which I may died seized or possesed to have and to hold the same to him and them forever. Likewise, I make constitue and appoint S. A. Brewer to be executor of this my last Will and Testament, hereby revoking all former Wills by me made. In Witmess Whereof I have hereunto subscribed my name and affixed my seal the twenty third day of February in the year of our Lord one thousand eight hundred and seventy one. William Brewer (seal) The above written instrument was subscribed by the said William Brewer in our presence, and acnowledged 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 respictive places of residence. James C. Swift of Royalton Niagara Co. NY Daniel Long of Royalton Niagara Co NY" Codicil "I William Brewer of the Town of Royalton, County of Niagara and State of New York do make this my Codicil hereby confirming my Last Will made of the twenty third cay of February one thousand eight hundred and seventy one so far as this Codicil is consistent therewith. First. To give to my son George H. Brewer one Hundred dollars instead of Two Hundred Dollars as wiitten in said will. Second. To give to my daughters Amelia Goodman Harriet Goodman and Ella Woodworth Two Hundred Dollars each instead of One Hundred Dollars each and then not to have the remainder of the payments mentioned in the fifth clause of said Will. InWitness Whereof I have hereunto subscribed my name and affixed my seal the twenty ninth day of November in the year of our Lord one thousand eight hundred and seventy six. William Brewer (seal) The above written Codicil was subscribed by the said William Brewer in our presence and acknowledged by him to each of us and he at the same time declared the above instrument to be his last Codicil and we at his request have signed our names as witnesses hereto in his presence and presence of each other and have written opposite our names our respective residence. James C Swift of Royalton Nargara Co. NY Daniel Long of Royalton Niagara Co. NY" Surrogate's Court In the Matter of Proving the Last Will and Testament and codicil thereto OF William Brewer DECEASED Niagara County,ss. James C.Swift and Daniel Long being 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 + Codicil thereto of William Brewer late of the Town of Royalton in the County of Niagara and State of New York deceased. And these deponents do further say that the said deceased, did, in the presence of these deponents, subscribe his name at the end of the instruments in writing which is now here shown to these deponents, and which purports to be the last Will and Testament + Codicil thereto of the said deceased, and which will bears date on the 23rd of February one thousand eight hundred and seventy one and which codicil bears date November 29th 1876. That the said deceased did, at the time of subscribing his name to the said instruments aforesaid, declare the same to be his last Will and Testament + Codicil thereto; and theses deponents did thereupon subscribe their own respective names at the end of said instruments as attesting witnesses to the execution thereof, each at the request of the 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 instruments as aforesaid, and publishing said instruments aforesaid, was upwards of twenty-ine years of age, and a citizen of the United States; that he appeard 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 dopenents saw the other sign his mane to the said instruments in the presence of the said deceased. James C. Swift (L.S.) Daniel Long (L.S.) Taken, subscribed and sworn to before me, this 8th day of October 1877 Joshua Gaskill (L.S.) Surrogate. Niagara County,ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament + Codicil thereto of William Brewer late of the Town of Royalton in the County of Niagara, and State of New York, deceased, that the said Will + Codicil were duly executed, and that the said deceased, 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 + Codicil thereto and the proofs and examinations, are hereby recorded, signed, and certified by me, pursuant to the provisions of the Revised Statues, this 8th day of October 1877 Joshua Gaskill (L.S.) Surrogate. Link: Barry's Home Page URL: <http://www.flare.net/users/bdutcher/>