Posted on: Niagara Co. NY Wills Reply Here: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/NY/NiagaraWill/31 Surname: HECKEL ------------------------- HECKEL, Michael -Lockport Niagara County, Volume 28, page 1 NIAGARA COUNTY SURROGATES OFFICE Last Will and Testament OF Michael Heckel DECEASED. Be It Remembered, That heretofore, to-wit: On the 21st day of March in the year of our Lord one thousand eight hundred and eighty four Margaret Heckel the Executrix named in the Last Will and Testament of Michael Heckel late of the City of Lockport 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 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 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 31st day of March, A. D. 1884 to attend the probate of said Will. And afterwards, to-wit: on the 31st day of March A. D. 1884, 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 petitioner appeared and it appearing that Ida Brundage and Adelia Heckel named in the petition in this matter are minors who have been duly served with citations and notice of application for the appointment of a special guardian. Upon the application of Margaret Heckel, Selden E. Graves, Esq., on his consenting thereto was appointed Special guardian of said minors to appear for them and take care of their interest in this matter 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 31st day of March 1884, 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 said proofs are as follows, that is to say: WILL In the Name of God, Amen! I, Michael Heckel of the City of Lockport, Niagara County, 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 to my beloved wife Margaret the use and occupation rents issues and profits of all my estate both real and personal; for and during her natural life and remains my widow. Second; I give and bequeath to my son William C. Heckel my store Number Three on Buffalo Street in the City of Lockport NIagara County, N.Y. with the reservation that he shall pay all sums & incumbrances on said store and on my house and lot on Transit Street in said City where I now reside. Third; I give and bequeath to my daugters Elizabeth Erhart, Anna Daniels, Louisa Hawks, Ida Brundage and Adelia Heckel all the rest and residue of my estate real and personal share and share alike. Likewise I make constitute and appoint my wife Margaret Heckel to be executrix 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 Fourth day of May in the year of our Lord one thousand eight hundred and eighty three. (signed) Michael Heckel (Seal) The above written instrument was subscribed by the said Michael Heckel 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 Henry C. Hulshoff of Lockport, N.Y. John Long Lockport, N.Y. Surrogates Court. In the Matter of Proving the Last Will and Testament OF Michael Heckel DECEASED Niagara County, ss Henry C. Hulshoff and John Long being first 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 of Michael Heckel late of the City of Lockport 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 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 4th day of May one thousand eight hundred and eighty three. That the said deceased did, at the time of subscribing his name to the 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 31st day of March 1884. William J. Bulger Surrogate. (signed) Henry C. Hulshoff (signed) John Long Niagara County, ss. It appearing upon the proofs duly taken in respect to the Last Will and Testament of Michael Heckel late of the City of Lockport in the County of Niagara, and State of New York, deceased, that the said Will was 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 and the proofs and examinations, are hereby recorded, signed, and certified by me, pursuant to the provisions of the Revised Statutes, this 31st day of March 1884. (signed) William J. Bulger Surrogate. Transcribed by M Allis Copy of Will obtained through SAMPUBCO