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Transcribed by Kerry Hallas, July 16, 2002

Maynard, J. Wesley - Z-164
Harpersfield, Delaware Co., NY
Probated 23 December 1911

Record of the Last Will and Testament of J. Wesley Maynard, Deceased

Be it Remembered, That heretofore, on the 23rd day of December, in the year of our Lord one thousand nine hundred and eleven, A.A. Maynard and F. Adelbert Maynard, the Executors named in the Last Will and Testament of J. Wesley Maynard late of the Town of Stamford 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 M.H. Maynard having filed an instrument in writing waiving the issue and, service of any citation herein and consenting that said Will be admitted to probate forthwith: and on that day the proponent having appeared in support of the probate of said Will, and as 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 23rd day of December A.D. 1911 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:

By this will, revoking all others, I, J. Wesley Maynard devise and bequeath all my estate both real and personal as follows: to wit:

First: I direct that all my just debts and funeral expenses be paid.

Second: I give, devise, and bequeath to my executors hereinafter named, in trust, one third of all my estate, both real and personal, to be invested by my said executors, and the use, and income therefrom to be paid annually to my son Merton H. Maynard during his life.

The reason I give my son Merton less than half of my estate is because I have paid to and for him during my lifetime sufficient money to arrive more than equal the difference.

Third: I give, devise, and bequeath all the rest residue and remainder of my estate, both real and personal and where ever situated to my son F. Adelbert Maynard for his use and benefit forever.

I appoint my brother, A.A. Maynard and my son F. Adelbert Maynard executors hereof, and empower them or the survivor of theirs to sell all or pay real estate of which I may die seized.

Dated Stamford, NY January 19th 1909
J. Wesley Maynard

The above will was, at the date thereof, subscribed by J. Wesley Maynard in our, and each of our presence; he, at the time of making such subscriptions declared the same to us, and each of us, to be his last will and testament, said requested us, and each of us, to sign the same as attesting witness, which we, and each of us, pursuant to such request, there and there did, in his presence and in the presence of each other.
Etta Van Dyke, Residing at Stamford, New York
Helen Rae Grant, Residing at Stamford, New York

In the Matter of Proving the Last Will and Testament of J. Wesley Maynard, deceased
County of Delaware, SS:

Etta Van Dyke of the town of Stamford 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 J. Wesley Maynard the said testator, and had known him for more than 10 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 19 day of January, in the year of our Lord one thousand nine hundred and eleven was made by the decedent at Stamford in the town of Harpersfield in the County of Delaware, in the presence of myself and Helen Rae Grant, the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, so 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 in his presence, and in the presence of said Helen Rae Grant; I also saw said Helen Rae Grant 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 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.
Etta Van Dyke

Taken, subscribed and sworn to before me, this 23 day of December, 1911
John P. Grant, Surrogate

County of Delaware, SS:
Helen Rae Grant 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 J. Wesley Maynard the said testator, and had known him for more than 10 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 19 day of January, in the year of our Lord one thousand nine hundred and eleven was made by the decedent at Stamford in the town of Harpersfield in the County of Delaware, in the presence of myself and Etta Van Dyke, the other subscribing witness. At the time of such subscription the said decedent declared the said instrument, so 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 in his presence, and in the presence of said Etta Van Dyke; I also saw said Etta Van Dyke 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 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.
Helen Rae Grant

Taken, subscribed and sworn to before me, this 23rd day of Dec. 1911
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 23d day of December 1911.
Present, Hon. John P. Grant, Surrogate

In the Matter of Proving the Last Will and Testament of J. Wesley Maynard, Deceased

Satisfactory proof having been made of the waiver of the due service of the Citation in this matter, requiring proper persons to appear in this Court and attend the probate of the Last Will and Testament of J. Wesley Maynard, late of the town of Stamford, County of Delaware, deceased, bearing date the 7th day of January, 1909, and A.A. Maynard and F. Adelbert Maynard, the Executors named in the Will, having appeared in person in support of the probate of the same, 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 J. Wesley 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 A.A. Maynard and F. Adelbert Maynard, the Executors named therein, upon their taking the oath prescribed by law.

John P. Grant, Surrogate

Surrogate's Office, Delaware County, SS
The Last Will and Testament of J. Wesley 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 taken thereupon, as required by law.
E.A. Harrison, Clerk of Surrogate's Court



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