Record of the Last Will and Testament of Robert S. Orr, deceased.
transcribed by Larry Campbell, September 14, 2005
Be it remembered, That heretofore, to wit: on the 1st day of February in the year of our Lord one thousand nine hundred and four, Sarah Francis Orr, the Executrix named in the Last Will and Testament of Robert S. Orr, late of the Town of Kortright in the County of Delaware, deceased, appeared in open Court, before the Surrogate of the County of Delaware, 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 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 by their respective names, requiring them to appear before said Surrogate at his office in the Village of Stanford in said County, on the 7th day of May, A.D., 1904, to attend the probate of said Will.
And afterwards, to wit: on the 7th day of May, A.D., 1904, 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 the proponent having appeared in support of the probate of said Will, and none appearing to oppose the probate of the same such proceedings were thereupon had in said Court that the said Surrogate took the proofs of said Will hereinafter set forth, upon this 7th day of May, A.D., 1904, 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:
I, Robert S. Orr of the town of Kortright, in the County of Delaware and State of New York, of the age of Seventy-seven years and being of sound mind and memory, do hereby make, publish and declare this to be my last will and testament in manner following, that is to say: After the payment of all my just debts and funeral expenses and the expense of a suitable monument for my grave, I give and bequeath-
First: The sum of one thousand dollars to my daughter Sarah Frances Off of West Kortright, N.Y., as a lacy and in payment of a note now held by her against me.
Second: I give and bequeath the sum of two hundred dollars to my Grand-daughter Ethel Sherwood Mott of Bridgeport, Connecticut; I give and bequeath the sum of two hundred dollars to my Grand-son Gilbert Henry Mott of Bridgeport, Connecticut and I give and bequeath the sum of two hundred dollars to my son-in-law Willard H. Mott of Bridgeport, Connecticut and in case of the death of the said Willard H. Mott the said two hundred dollars hereby given to him I hereby direct shall be paid upon his death to his two children Ethel Sherwood Mott and Gilbert Henry Mott in equal shares in addition to the legacies herein before given to them. The said sum of six hundred dollars as herein given to the said Ethel Sherwood Mott, Gilbert Henry Mott and Willard H. Mott and as stated upon his death to his two children in equal shares is intended and is hereby given in payment and satisfaction of a note now held against me by the representative of my daughter Anna Helen Orr Mott, now deceased.
And lastly, all the rest residue and remainder of my estate I give, devise and bequeath as follows: One fourth thereof is to be given to my daughter Sarah Francis Orr; one fourth thereof is to be given to Anges Louise Orr Russell of Bovina Center, N.Y.; one fourth thereof is to be given to Francis Adelaide Orr; one eighth is to be given to Ethel Sherwood Mott and one eighth is to be given to Gilbert Henry Mott. And I hereby direct and empower my executrix hereafter mentioned to divide my said residency estate up as herein I have willed and I also dothe my said executrix hereinafter mentioned with full power and authority to sell my real estate of which I may be seized and possessed for the purpose of paying the debts and legacies herein before mentioned and for the purpose of carrying into effect the terms of this my said will and my deed of transfer given by my said executrix shall have the same force and effect as if executed by me in my lifetime.
I hereby nominate, constitute and appoint my daughter Sarah Frances Orr sole executrix of this my last will and testament and I hereby revoke all wills by me made.
In Witness Whereof I have on this twenty first day of February in the year of our Lord one thousand and nine hundred hereunto set my hand and seal.
Robert S. Orr (ss)
The foregoing instrument consisting of one sheet of legal cap paper was on the twenty first day of February 1900, signed, sealed, published and declared by Robert S. Orr the said testator as and for his last will and testament in our presence; and we thereupon in his presence and at his request and in the presence of each other have hereunto set our hands as witnesses thereto
Ransom L, Gibbs, resident of Stamford, N.Y.
William Orr, resident of Kortright, N.Y.
Surrogates Court: Delaware County.
In the matter of the Probate of the Last Will and Testament of Robert S. Orr, late of the town or Kortright, County of Delaware, Deceased.
State of New York,
County of Delaware
George C. Gibbs, being duly sworn deposes and says that he resided at Stamford in said County and State, that he is well acquainted with and is the father of Ransom L. Gibbs; that to deponents knowledge said Ransom L. Gibbs is now permanently absent from the State of New York and resides and is engaged in the practice of law at the city of Souix Falls,, in the State of South Dakota, and will not be in the State of New York on the 7th day of May 1904, nor is it likely to be in the State of New York for sometime thereafter, having no present intention of returning thereto. Subscribed and sworn to before me this 7th day of May 1904.
Geo W. Gibbs John P Grant, Surrogate
Surrogate's Court, County of Delaware.
In the Matter of Proving the Last Will and Testament of Robert S. Orr Deceased.
County of Delaware, ss:
William Orr of the town of Kortright in the County of Delaware, being of duly sworn as a witness in the above entitled matter, and examined in open Court in behalf of the proponent to prove said Will, deposes and says:
I was well acquainted with Robert S. Orr, the said testator, and had known him for more than 20 years before his death. The subscription of the decedent's name to the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 21 day of February in the year of our Lord one thousand nine hundred, was made by the decedent at Stamford in the County of Delaware in the presence of myself and Ransom L. Gibbs the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, who subscribed by him, to be his last Will and Testament; and I thereupon signed my name as a witness, at the end of the said instrument, at the request of said decedent, and hi his presence and in the presence of said Ransom L. Gibbs. I also saw said Ransom L. Gibbs the other subscribing witness sign his name as a witness at the end of said Will, and know that he did so a the request of said decedent and in his presence. The said decedent, at the time of so executing said instrument, was upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint, or in any respect incompetent to devise real estate.
Taken, subscribed and sworn to before me, this 7th day of May, 1904.
John P. Grant, Surrogate.
At a Surrogate's Court, held at the Surrogate's Office in Stamford, in and for the County of Delaware, on the 7th day of May, 1904.
Present, Hon. John P. Grout, Surrogate.
In the Matter of Proving the Last Will and Testament of Robert S. Orr, Deceased.
Satisfactory proof having been made of the due service of the Citation heretofore issued in this matter, requiring the proper persons to appear in this Court on the 7th day of May, 1904, and attend the probate of the Last Will and Testament of Robert S. Orr, late of the Town of Kortright, County of Delaware, deceased, bearing date the 21st day of February 1900; and Sarah Frances Orr, the Executrix named in the Will having appeared in person, in support of the probate of the same, and H. A. Dychman(?) having been appointed and appeared as Special Guardian for Frances Adelaide Orr, Ethel Sherwood Mott and Gilbert Henry Mott, and no other parties or persons having appeared, and the several witnesses having been examined before the Surrogate, and the proofs reduced to writing, and the said Surrogate having inquired particularly into all the facts and circumstances, and it appearing that the Will was duly executed, that the testator at the time of executing it was in all respects competent to make a Will and not under restraint; and the said Surrogate being satisfied of the genuineness of the Will and the validity of its execution, the probate not being contested.
It is Ordered, Adjudged and Decreed, that the said instrument is the Last Will and Testament of the said Robert S. Orr, deceased; that the same be and hereby is admitted to probate as a Will valid to pass real and personal property, and that Letter Testamentary issue to Sarah Frances Orr, the Executrix named therein, upon her taking the oath prescribed by law.
John P. Grant, Surrogate.
Delaware County. Ss;
The Last Will and Testament of Robert S. Orr, deceased, having been admitted to probate as a Will valid to pass real and personal property, I have recorded the same with the decree admitting it to probate, and the proof taken thereupon, as required by law, this 18th day of May, 1904.