Transcribed by Cindy Simmons, April 27, 2002
Will of Nelson B Simmons
(portion of document) Surrogate's Court, County of Delaware:
In the matter of the petition of ALONZO SIMMONS for the probate of the last Will and Testament of NELSON B SIMMONS late of Walton, NY deceased. To the Surrogate's Court of the County of Delaware: The Petition of ALONZO SIMMONS of Walton, in the County of Delaware and the State of New York, respectfully shows:
That NELSON B SIMMONS late of the town of Walton in the County of Delaware, aforesaid, died on the 28th day of September in the year of our Lord, One thousand nine hundred and fifteen. The said deceased was at the time of his death a resident of the town of Walton in the County of Delaware:
Said deceased left a last will and testament, which was dated the 27th day of September in the year of our Lord, one thousand nine hundred and fifteen. Your petitioner is the sole executor named in said will. The said deceased left HARRIET SIMMONS his widow. The following named persons are the only heirs-at-law and next of kin of said deceased, and their degree of relationship to the said deceased, their places of residence and post office addresses are respectively as follows, viz.:
Erma Simmons . . . a daughter . who resides at unknown State of ________.
Charles Simmons . a brother . .who resides at Richmond Hill . . State of NY.
Alonzo Simmons . a brother (petitioner) who resides at Walton . . . . . . . . . State of NY.
Geo Simmons . . . a brother . .who resides at unknown . State of _______.
Mattie Frink . .. a sister . who resides at Youngs . . . . . . . . . State of NY.
Julia Rivenburg . a sister . who resides at Hamden . State of NY.
Clarence Simmons . a brother . who resides at not known State of _______.
William Simmons .. a brother .. who resides at Clearwater State of Minn.
Minnie Simmons .. a (legatee) who resides at Walton . State of NY.
That the following is a statement of the facts showing what effort has been made to ascertain the names and post office addresses of the persons whose names and post office addresses are stated as unknown:
The wife HARRIET SIMMONS deserted her husband about twenty years ago taking the daughter ERMA with her and has never been seen or heard from and CLARENCE SIMMONS was the person who ran away with the wife HARRIET SIMMONS and neither of them have been heard from. What said GEORGE SIMMONS has not been heard from in two years.
Dated the 6th day of October 1915 ALONZO SIMMONS (Petitioner)
IN THE MATTER OF GOODS, CHATTELS AND CREDITS: (PARAPHRASED)
There's a document establishing GEORGE A PECK and ROBERT W SCOTT both of the town of Walton as the appraisers of NELSON'S personal property. Dated the 9th day of February, 1916
Funds on hand and on deposit with the first National Bank of Walton, N.Y., as appears by credit upon the bank book of the Executor, (One thousand dollars) $1000.00
One contract for the sale of land, situated in the Province of Alberta, Canada, made between NELSON B SIMMONS and JOHN RAY ADAMS, dated September 27th, 1915, for the sum of Twenty-eight hundred dollars, subject to a mortgage upon the lands of One thousand dollars, and which mortgage is a part of the consideration mentioned in the contract.
The following payments have been made upon said contract and are indorsed thereon,
1915 Oct. 7. Two hundred dollars, ($200.00)
1915 Nov. 1, Three hundred dollars, ($300.00)
1915 Dec. 7. Five hundred dollars, ($500.00)
The present value of the contract is appraised at, 800.00 Total, $1,800.00
Certificate of Appraisers: dated the 10th day of February, 1916 George A Peck and Robert W Scott
RECORD OF THE LAST WILL AND TESTAMENT OF NELSON B SIMMONS, deceased.
Be it Remembered, that heretofore, to wit: on the 11th day of October, in the year of our Lord one thousand nine hundred and fifteen, ALONZO SIMMONS, the executor named in the Last Will and Testament of NELSON B SIMMONS, late of the Town of Walton 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 Delhi in said County, on the 22nd day of Novermber, A. D. 1915, to attend the probate of said Will.
And afterwards, to wit: on the 22nd day of November, A. D. 1915, 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 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 22nd day of November, A. D. 1915, and he thereupon adjudged that 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:
Last Will and Testament:
I NELSON B SIMMONS of the Town of Walton in the County of Delaware and State of New York, being of sound mind and memory, do make, publish and declare this my last Will and Testament, in manner following, that is to say:
First. - I direct that all my just debts and funeral expenses be paid.
Second. - To my sister JULIA E. RIVENBARK I bequeath the sum of Fifty Dollars, the same to be received
by her in full discharge of any sums which I may owe her for board.
Third. - To my brother ALONZO SIMMONS I bequeath the sum of Two hundred dollars, the same to be as
discharge of my board bill.
Fourth. - To my sister in law MINNIE SIMMONS the wife of my brother ALONZO SIMMONS I bequeath the
sum of Two hundred Dollars.
Fifth. - The rest residue and remainder of my Estate of whatever the same may consist and inherever situated, I give, devise and bequeath to my brother ALONZO SIMMONS and my sister JULIA E RIVENBARK and MATTIE FRINK the the same to be divided equally between them.
To my Executor herein after named I hereby give full powere to sell and convey real property.
Lastly I hereby appoint my brother ALONZO SIMMONS executor of this, my last Will and Testament: hereby revoking all former wills by me made. In Witness whereof, I have hereunto subscribed my name the 29th day of September in the year One thousand nine hundred and fifteen.
Nelson B (his "X" mark) Simmons (Seal)
We, whose names are hereto subscribed do Certify that on the 27th day of Sept. 1915 NELSON B SIMMONS, the testator, subscribed his name to this instrument in our presence and in the presence of each of us and at the same time, in our presence and bearing, declared the same to be his last Will and Testament and requests us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the said date, and write opposite in our names our respective places of residence.
DR. WM. J SMITH residing at Walton NY and JOHN G MORE residing at Walton NY.
**JULIA is the wife of JOHN RIVENBURG and MATTIE (Martha) is the wife of JOHN FRINK.
**MINNIE SIMMONS is the daughter of JACOB AND ELIZABETH ____ FRANCE. (Her grandfather WILLIAM
FRANCE'S will is among the wills on the Del. Co. NY website.)
** Nelson is the grandson of JAMES ROSA . (James' will is listed among the Del. Co. NY website.)
**Nelson had a second daughter. She may be the young MARTHA (MATTIE) A SIMMONS (d. 8/28/1893 age 2 1/2) who is buried in the Walton Cemetery within the same plot as GEORGE & MELISSA WOOD HOUGHTALING (Harriet's (Hattie's) adoptive parents).
**The last time Nelson saw his eldest daughter she was five years old. In the summer of 2001, based on information from DONNA WADE (a great granddaughter of Clarence & Hattie), IRMA (correct spelling) was raised in Massachuttes by her mother Hattie and her uncle/stepfather Clarence. Irma's husband's name is JAMES RENZI. Irma died in 1982.