This is a Message Board Post that is gatewayed to this mailing list. Surnames: McEleer Classification: Query Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/2RB.2ACE/8365 Message Board Post: Transcribed from SAMPUBCO copy by Ronald McClear Last Will and Testament of Robert McAleer Hammond, St Lawrence County, New York Volume 4 Pages 101-104 At a Surrogate's Court held at the St. Lawrence Hotel in the Village of Odensburgh in and for the County of St. Lawrence on the thirtieth day of December A. D. 1852. Present (signed) B. G. Baldwin, Surrogate In the matter of proving the Last Will and Testament of Robert McAleer, dec.d This being the return of the citation hereforeto issued in this matter, Alice McAleer Executrix and Michael Hamill executor named on the Last Will and Testament of Robert McAleer late of Hammond, St. Law. Co., deceased, appear and prove to the satisfaction of the Court by affidavits on file that said citation was duly personally served more than eight days before on John, James, Thomas and Andrew McAleer, and Abel P. Morse, Special Guardian for MaryAnn, Sarah, Robert, Michael, Hellen, and Rosannah McAleer, minor heirs of said deceased, all living in said County of St. Lawrence and said James McAleer John McAleer and Andrew McAleer appear in person and by counsel and oppose the validity of said will, the parties appearing by the citation of McAleer, which was erroneously written in the citation McElrer, but which was served on the right persons the name sometimes being spelled McEleer and sometimes McAleer On motions of said Executrix and Executor the said will is admitted to probate and is duly proved by the testimony of William W. Butterfield & John Donald two subscribing witnesses to said will, another witness thereto, William Rattigan, not being present his testimony is expressly waived by the consent of all parties. The said will and the proofs and examinations taken thereon are in the words and figures following, that is to say: COPY OF WILL I, Robt. McAleer of the town of Hammond, County of St. Lawrence and State of New York do make this my last Will and Testament. I will to my son John McAleer the sum of one dollar, to James McAleer the sum of one dollar, to Thomas McAleer the sum of one dollar and to Andrew McAleer the sum of one dollar, I also give and devise unto Maryann McAleer the sum of fifty dollars and to Sarah McAleer the sum of fifty dollars. The above devised to be paid at the expiration of three years from this date. To my son Robert McAleer Jr. I wish to him to remain with my wife if they can agree until he becomes of age and to be sent to school as much as four months in each year, if they cannot agree to live together, I wish him put with some good and respectable family and to be sent to school as above described and I hereby set a part for him the sum of seventy-five dollars to be paid towards his schooling if necessary, if not to be put out in interest and given to him at the age of twenty-o! ne. Firstly, I wish all my honest and just debts to be paid from the avails of my personal property and the balance of my interest in vial and personal property, I will and devise my wife and her children by me to be kept together the youngest becomes the age of fifteen years for their mutual benefit and sustenance, and then to be equally divided between them in the above devise to my wife is declared to be a heir of dower and I hereby appoint my wife and my brother-in-law Michael Hamill executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty-fifth day of August 1852. (signed with his mark) Robert McAleer L.S. The within instrument consisting of one sheet was now here subscribed by Robert McAleer the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our names hereunto as attesting witnesses. (Signed) William W, Butterfield of Hammond, St. Law. Co. N. Y. (Signed) John Donald of Hammond (Signed) Wm. Rattigan of Hammond, St. Law. Co., N. Y. St. Lawrence Surrogate Court In the matter of proving The Last Will and Testament of Robert McAleer Dec,d William W. Butterfield of the town of Hammond in the County of St. Lawrence being duly sworn and examined doth depose and say that he this deponent was well acquainted with Robert McAleer late of the town of Hammond in the County of St. Lawrence, deceased, that this deponent was present as a witness and did see the said Robert McAleer subscribe by making his mark at the end thereof. The instrument is now produced and shown to this deponent purporting to be the last will and testament of the said deceased, bearing date the twenty-fifth day of August in the year of our Lord one thousand eight hundred and fifty-two. That the said testate at the same time declared that the instrument so subscribed by him was his last will and testament. That thereupon this deponent and John Donald and William Rattigan subscribed their names at the end thereof as witnesses thereto, at the request of the testator, in his presence and that the said testator at the time of executing and publishing ! the said last will and testament was of full age and sound mind and memory, not under restraint and was in all respects competent to make a last will and testament. Sworn this 30th day of December 1852 before me (signed) Benjamin G. Baldwin, Surrogate (Signed) William W. Butterfield The witness being cross examined says he thinks the will was drawn and executed two to four days before Mr. McAleer died, wit. Drew the will, he called once before the will was drawn. The deceased was there quite sick, he conversed freely both times wit. (witness) Was there, word was left at wit. (witness) store by Michael Hamill, the brother-in-law of the widow for wit. (witness) to call at McAleer' house to draw his will, wit. (witness) went up for that purpose and several were there, wit. (witness) stopt in the field before he got to house, Michael Hamill was near the house and told wit. (witness) that the deceased wished to have his will drawn, not much was said, wit. (witness) went into the house and to the bedroom where deceased was lying, but wit. (witness) did not speak to him about the will, they conversed together but as deceased did not mention the subject of the will, wit. (witness) thought he would not and did not, wit. (witness) remained with him about half an! hour, nothing was said by the widow about the will, in two or three or four days after wit. (witness) went there again and Mr. Charles Forrester was at work at McAleer's and towards night he called at wit. (witness) store and told wit. (witness) that McAleer called him into his room and told him he wished to have wit. and Mr. Rattigan come up and draw his will, wit. (witness) and Rattigan went together to McAleer's and the deceased then spoke and asked if Mr. Butterfield was in the room, someone said yes, he then wished the others would leave the room, all then went out but wit. (witness) and deceased, deceased spoke and asked wit. (witness) if he understood drawing a will, wit. (witness) told him he thought he could draw one as he had a book of forms there, deceased expressed a wish to have one drawn, he did not say that his wife or Mr. Hamill wished him to make his will, he asked if it was necessary to make his will good to have something willed to all his heirs. Wit. (w! itness) told him he could not tell but if he willed something to each it would probably be good. Wit. (witness) took paper and pencil and took some notes of what he wanted drawn for a will. Wit. (witness) then drew up a will as now presented in Court. Wit. (witness then read it to him and said it was right, wit. (witness called in Mr. Rattigan and read it again in his presence , Mr. McAleer said it was right, Mr Donald was then called in and McAleer was raised up in bed and made his mark, after the will was signed he said that was his will and was right and he requested the witnesses all sign it, it was signed by the witnesses near the bed upon a stand and he could see them all sign, wit. (witness) is not sure whether deceased spoke to Donald or Rattigan about signing it, he asked wit. (witness) to ask them to come in and sign the will as witnesses, there was some conversation afterwards between James McAleer and his father, wit. (witness) says the will was drawn and executed he thinks on day later than the date he did not remember the day of ! the month then, wit. (witness) is acquainted with the widow does not know whether she is an alien or citizen. Sworn this 30th day of December 1852 before me Benjamin G. Baldwin Surrogate. (Signed) William W. Butterfield In the same matter as last above. John Donald of the town of Hammond being sworn says that he was acquainted with Robert McAleer late of Hammond in said County, discussed that he was present as a witness and did see him subscribe his name by making his mark at the end thereof to the instrument now produced and shown to witness dated August 25th 1852, purporting to be his last will and testament, that wit. (witness) was at deceased house and William W. Butterfield opened the door from deceased room and standing in the doorway spoke to wit. (witness) so that he thinks deceased heard and said that McAleer wished him witness to come in and witness his will. Wit. (witness) went in and saw said McAleer make his mark to the said will and his son James spoke and said he his father was always opposed to making his will, whereupon said McAleer replied that it was his will and it was all right, thereupon witness and said Butterfield and Rattigan all three signed their names to said paper as witnesses upon a stand abou! t the middle of the front side of the bed, and he believes said McAleer saw them all sign it, wit. (witness) supposed at the time was the request if McAleer that he should sign as such witness, and at the time wit. (witness) believes said McAleer was of sound mind and memory, not under restraint and in all respects competent to make his will. Sworn this 30th day of December, A. D. 1852 before me (signed) Benjamin G. Baldwin, Surrogate (signed) John Donald The said witness John Donald being cross-examined by Mr. Morris, Counsel for the heirs, says he went to see Mr. McAleer and happened at the house when the will was executed, deceased did not request wit. (witness) to sign his will by saying anything to him. McAleer did not tell wit. (witness) that it was his will. McAleer was pretty sick but not very low, wit. (witness) think he died the next day, he was lying on his back, could speak well, thinks he could see the witnesses sign the will, but don't know as he did, when James McAleer spoke to his father, he said he thought he was forced to make his will, his father said no he was not. Sworn this 30th day of December A. D. 1852 before me (signed) Benjamin G. Baldwin Surrogate, St. Lawrence County (signed) John Donald Appearing from the foregoing proofs and examinations taken respect to the last will and testament of Robert McAleer late of the town of Hammond in said County, deceased, that the said will was duly executed and that the McAleer at the time he executed the same was not under restraint and was in all respects competent to devise his estate, the said last will and testament and the foregoing proofs and examinations as hereby signed, certified and recorded by me pursuant to the provisions of the Statute in such case made and provided this thirtieth day of December in the year of our Lord one thousand eight hundred and fifty-two (signed) Benjamin G. Baldwin, Surrogate