This is a Message Board Post that is gatewayed to this mailing list. Surnames: Banker, Banckert, Besley, Buckhout, Buckout, de Groot, Jewell, Nelson, Stocking, Secor, Secord, Woertman, Classification: Will Message Board URL: http://boards.ancestry.com/mbexec/msg/rw/3RB.2ACE/419 Message Board Post: Record of the will of Caleb Nelson deceased. Be it remembered that heretofore, to wit, on the seventh day of October AD 1854 Christina Nelson the sole executrix named on the last will & testament of Caleb Nelson late of the town of Candor in the County of Tioga, deceased, appeared in open Court before the Surrogate of the County of Tioga & made application to hear the said last will and testament which relates to both real & personal estate proved, and on such application the Surrogate did ascertain by satisfactory evidence who were the heirs & next of Kin of the said testator & their respective residence & some of them appearing to be minors having no general guardian residing within the State of New York a special guardian was appointed in dou gerni of law to take care of their interests in the matter of proving the said will by an order entered for that purpose by said surrogate & said surrogate did thereupon issue a citation in dou germ of law divided to the said heir! s & next of kin & special guardian, by their respective name, stating their respective place of residence, recognizing them to appear before said Surrogate at his office in the Village of Owego on the 5th day of December then next ensuring to attend the probate of said will. And on said last mentioned day satisfactory evidence by affidavit was produced & presented to said County Judge & Surrogate of the server of the said citation in the mode prescribed by law & on that day no one appearing to oppose the probate of such will such proceedings were thereupon had that the Surrogate took the proof of said will hereinafter set forth on said last mentioned date & afterwards on the ninth day of December then instant, to which day this matter was duly adjourned & on said last mentioned day the said Surrogate all judged this said will to be a valid will of real & personal estate in the proofs thereof to be sufficient which said last will & testament & proofs are as follows, that is ! to say: Will In the name of God Amen. I Caleb Nelson of the town of Candor, in the County of Tioga & State of New York being of sound mind & memory do make and publish this my last will & testament. I give & bequeath to my beloved wife Christina all my real estate & personal property & obligations. I do nominate & appoint my beloved wife Christina to be the sole executrix of this my last will & testament. In testimony whereof I hereunto set my hand & seal & publish & decree this to be my last will and testament in presence of the witness named below this fourth day of March in the year of our Lord one thousand eight hundred & fifty-four. Caleb Nelson (seal) Signed, sealed, declared & published by the said Caleb Nelson as & for his last will & testament in the presents (presence) of us who at his request & in his presence & in the presence of each other have subscribed our names as witness hereto. Daniel S. Miller of the town of Candor, County of Tioga, State of New York Lewis J. Mead of the town of Candor, County of Tioga, State of New York Depositions & testimony of the witness: Surrogate Court County of Tioga. In the matter of proving the last will & testament of Caleb Nelson deceased. County of Tioga: Daniel S. Miller of the town of Candor in the County of Tioga being duly sworn & examined before Charles P. Avery County Judge of the said County of Tioga doth depose & say that he was well acquainted with Caleb Nelson late of the town of Candor, in the County of Tioga now deceased & that he was present as a witness & did see the said Caleb Nelson subscribe his name at the end of the instrument in writing now produced and shown to this deponent having date the 4th day of March AD 1854, purporting to be the last will & testament of the said Caleb Nelson deceased. That the said Caleb Nelson at the time of making the said subscription, declared the said instrument to be his last will & testament & requested this deponent to sign his name as a witness thereto. Thereupon in the pursuance of such request this deponent accordingly signed his name as a witness at the end of the said ins! trumen in the presence of the said Caleb Nelson. This deponent further says that the same Caleb Nelson at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind & memory, in all respects competent to devise real estate & not under restraint & that this deponent saw Lewis J. Mead sign the said instrument at the end thereof as a witness in presence of the said Caleb Nelson & at his request. Daniel S. Miller sworn and subscribed 2nd day of December AD 1854 before me, C. P. Avery, County Judge. County of Tioga, Lewis J. Mead of the town of Candor, in the county of Tioga being duly sworn & examined before Charles P. Avery, County Judge of the same county, of Tioga doth depose & say that he was well acquainted with Caleb nelson late of the town of Candor in the County of Tioga, now deceased & that he was present as a witness & did see the same Caleb Nelson subscribed his name at the end of the instrument in writing, now produced & shown to this deponent having date the 4th day of March AD 1854, purporting to be the last will & testament of the said Caleb Nelson, deceased. That the said Caleb Nelson at the time of making the said subscription, declared the said instrument to be his last will & testament & requested this deponent to sign his name as a witness thereto. Thereupon in pursuance of such request this deponent accordingly signed his name as a witness at the end of the said instrument in the presence of the said Caleb Nelson. This deponent further says tha! t the said Caleb Nelson at the time he so executed the said instrument, was a citizen of the Untied States, of full age, of sound mind & memory, in all respects competent to devise real estate & not under restraint & that this deponent saw Daniel S. Miller of Candor, aforesaid sign the said instrument at the end thereof as a witness in the presence of the said Caleb Nelson & at his request. Lewis J. Mead. Sworn & subscribed this 9th day of December AD 1854 before me, C. P. Avery County Judge vc. County of Tioga. It appearing upon the proofs duly taken in respect to the last will & testament of Caleb Nelson late of the town of Candor in the County of Tioga deceased, that the said will was duly executed & that the said Caleb Nelson at the time he executed the same, was in all respects competent to devise real estate & not under restraint the said last will & testament & the said proofs and examinations are hereby recorded, signed & certified by me, prusuant to the provisions of the revised statues, this 9th day of December AD1854, 13541, C P. Avery, County Judge, Surrogate vc.