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Delaware County NY Genealogy and History Site

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Transcribed by Kerry Hallas, July 16, 2002

WILL OF

Maynard, Hannah F. - Harpersfield P-641
Delaware Co., NY
Probated 25 January 1897

Record of the Last Will and Testament of Hannah F. Maynard, Deceased

Be It Remembered, That heretofore, to wit: on the 7th day of December in the year of our Lord one thousand eight hundred and ninety-six, C.L. Andrus, Attorney for the Executors named in the Last Will and Testament of Hannah F. Maynard, late of the Town of Harpersfield, 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 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 testatrix 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 Delhi in said County, on the 25th day of January, A.D., 1897, to attend the probate of said Will.

And afterwards, to wit: on the 25th day of January, A.D., 1897 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 by Attorney in support of the probate of said Will, and no one 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 1st day of February A.D., 1897 and he thereupon adjudged the said Will to be a valid Will of 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, Hannah F. Maynard of the town of Harpersfield County of Delaware and State of New York being of sound mind and memory do 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, devise and bequeath to Everett Merriam of Scranton, PA., Stephen Maynard of Harpersfield, N.Y. and Jonathan Brazee of Davenport, N.Y. each the sum of ($1000) one thousand dollars.

Second: I give and bequeath to Andrew Maynard of Harpersfield, N.Y. the sum of ($500) Five hundred dollars.

Third: I give and bequeath to Wesley Maynard of Harpersfield, N.Y. and Stephen Van Dyke of Jefferson, N.Y. each the sum of ($500) Five hundred dollars.

Fourth: I give and bequeath to the children of my deceased Nephew, Peter I. Merriam the sum of ($1000) One thousand dollars to be divided equally between the surviving children of the said Peter I. Merriam share and share alike, and I also devise that one of my executors shall be Guardian of said children.

Fifth: I give and bequeath to each of my Neighbors Henry Davis and Peter Davis of Davenport, N.Y. the sum of one hundred dollars each.

Sixth: I give and bequeath to my nephews George Gibbs, Cyrenus Gibbs and Richard Gibbs each one hundred dollars.

Seventh: I give and bequeath to the two children of my niece Francelia Metcalf (now deceased) the sum of one hundred dollars each.

Eighth: I give and bequeath to Dorotha Brazee and Mrs. Nettie Maynard all of my wearing apparel which they may dispose of as they may choose.

Ninth: All the rest and residue of my estate both real and personal I give and bequeath to my nephew Everett Merriam and Stephen Maynard to be divided between them share and share alike.

Tenth: I give and bequeath to my brother Charles J. Merriam the use of the interest on a certain mortgage given by the said Charles J. Merriam to me for ($3000) three thousand dollars said use shall be for his support during his natural life.

Eleventh and lastly,
I make, constitute and appoint Everett Merriam and Stephen Maynard aforesaid to be executors of this my last Will and Testament, hereby revoking all former Wills by me made.

In Witness Whereof I have hereunto published my name and affixed my seal, the 14th day of June in the year one thousand eight hundred and Ninety five.

Hannah F. Maynard LS

The above instrument, consisting of one sheet, was at the date thereof published by Hannah F. Maynard in the presence of us and each of us: she at the time of making such subscription, acknowledged that she made the same, and declared the said instrument so subscribed by her to be her last Will and Testament. Whereupon we then and there, at her request, and in her presence and the presence of each other, subscribed our names as witnesses thereto.

Stephen Van Dusen residing at Harpersfield, N.Y.
Mrs. Minnie Van Dusen residing at Harpersfield, N.Y.

At a Surrogate's Court, held at the Surrogates Office in Delhi, in and for the County of Delaware, on the 1st day of February, 1897.
Present, Albert H. Sewell, Surrogate

In the Matter of Proving the Last Will and Testament of Hannah F. Maynard, 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 25th day of January, 1897, and attend the probate of the Last Will and Testament of Hannah F. Maynard, deceased, bearing date the 14th day of June, 1895; and the Executors named in the Will having appeared in person and by his attorney, in support of the probate of the same, and George W. Youmans having been appointed and appeared as Special Guardian for Gertrude Merriam, Charles Merriam, George Merriam, Ira Merriam, Blanche Merriam, Arthur V. Metcalf and Nellie Metcalf, and the matter having been adjourned to this day, 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 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 Hannah F. Maynard deceased; that the same be and hereby is admitted to probate as a Will valid to pass real and personal property, and that Letters Testamentary issue to Everett F. Merriam and Stephen E. Maynard the Executors named therein.

Albert H. Sewell, Surrogate

Surrogate's Office, Delaware County ss:

The Last Will and Testament of Hannah F. Maynard, 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 thereupon, as required by law, this 1st day of February, 1897.

A.H. Sewell, Surrogate

Surrogate's Court, County of Delaware
In the Matter of Proving the Last Will and Testament of Hannah F. Maynard, Deceased
County of Delaware ss:

Stephen Van Dusen of the Town of Harpersfield in the County of Delaware, being 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 Hannah F. Maynard, the said testator, and had known her for more than ten years before her death. The subscription of the decedent's name to the instrument now shown to me, and offered for probate as her last Will and Testament, and bearing date the 14 day of June in the year of our Lord one thousand eight hundred and ninety-five, was made by the decedent at Charles J. Merriam's in the Town of Harperfield in the County of Delaware, in the presence of myself and Mrs. Minnie Van Dusen, the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, so subscribed by her, to be her 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 in her presence, and in the presence of said Mrs. Minnie Van Dusen. I also saw said Mrs. Minnie Van Dusen, the other subscribing witness sign her name as a witness at the end of said Will, and know that she did so at the request of said decedent and in her 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.
Stephen Van Dusen

Taken, subscribed and sworn to before me, this 25 day of January 1897
A.H. Sewell

County of Delaware, ss:

Minnie Van Dusen of the Town of Harpersfield in the County of Delaware, being 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 Hannah F. Maynard, the said testator, and had known her for more than 10 years before her death. The subscription of the decedent's name to the instrument now shown to me, and offered for probate as her last Will and Testament, and bearing date the 14 day of June in the year of our Lord one thousand eight hundred and ninety-five, was made by the decedent at Charles Merriam's in the Town of Harpersfield in the County of Delaware in the presence of myself and Stephen Van Dusen the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, so subscribed by her to be her 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 in her presence, and in the presence of said Stephen Van Dusen, I also saw said Stephen Van Dusen the other subscribing witness sign his name as a witness at the end of said Will, and know that he did so at the request of said decedent in her 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.
Minnie Van Dusen

Taken, subscribed and sworn to before me, this 25 day of January 1897
A.H. Sewell, Surrogate



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