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Delaware County, NY Genealogy and History Site

Submitted by Larry Campbell and updated April 15, 2004

David Orr's Will

Be it remembered that at a Surrogates Court held at the Surrogates office in Delhi in and for the County of Delaware on the 22nd day of June 1874 the last Will and testament of David Orr late of the town of Kortright in the County of Delaware deceased was duly proved before Edwin D Wagner Surrogate of said County, and was by said Surrogate adjudged valid and established as a will of Real and personal estate and the same together with the proofs and examinations taken on the probate thereof are pursuant to an order of said Surrogate here & ordered, to wit:

I David Orr of the Town of Kortright in the County of Delaware and State of New York being of sound mind and memory and mindful of the uncertainty of human life do make publish and declare this my last will and testament in manner and form following that is to say:

First, I will and direct that all my just debts and funeral expenses be paid out of my personal estate.

Second, I give and bequeath to my sons Robert S, John M. and David M Orr the sum of two hundred dollars each; to my sons Joseph and William the sum of one hundred dollars each, to my wife Nancy Orr the sum of one thousand dollars, to my daughter Elizabeth Orr the sum of one thousand dollars; and to my daughter Mary Orr the sum of thirteen hundred dollars.

Third, I give and bequeath to my said wife Nancy and my said daughters Elizabeth and Mary all my household furniture of every description and all the residue of my personal property not hereinbefore specifically bequeathed.

Fourth, I give devise and bequeath to my said wife Nancy Orr and to my said daughters Elizabeth and Mary Orr all the real estate of every description of which I may be seized and possessed at the time of my death to be held and enjoyed by them equally as tenents in common and by their heirs and assigns forever, said real estate not to be sold or disposed of except by common consent of all and of my executor hereinafter named so long as any two of said persons (namely my said wife and daughters) shall live or remain unmarried; and in the event of the marriage or death of any one of said persons neither she nor her heirs or assigns shall have or enjoy in any manner the use unto or profits of said real estate or any share thereof so long as the other two of said persons shall both be living and unmarried. It is the intent of this devise to vest an absolute estate in fee in each of said three persons in an undivided one third part of said real estate subject to the restrictions and limitations hereinbefore made, and whenever it shall happen that only one of said persons shall be living or unmarried, then said restrictions and limitations shall cease and be at an end.

Fifth, I hereby nominate constitute and appoint my son Robert S. Orr Executor and my daughter Mary Orr the Executrix of this my last will and testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this 15th day of February 1872.

David Orr

Ebenezer A Gallup Kortright Del. Co. New York, James S. Kerr Kortright Delaware County New York. The above instrument consisting of one half sheet was upon the day of the date thereof signed sealed published and declared by the said David Orr the testator therein named as and for his last will and testament in our presence and in the presence of each of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto, the work "her" being interlined before signing.

residing at Kortright Del Co. N.Y.
" " " " " " " " "

Delaware County Surrogates Court
In the matter of the Probate of the last
Will and testament of David Orr late
of said County deceased as Will
of Real and personal Estate.

Delaware County

Ebenezer A Gallup of the town of Kortright in the County of Delaware being sworn deposes that he saw the above named David Orr late of the town of Kortright in the County of Delaware deceased subscribe and execute the instrument shown him and which purports to be the last Will and testament of the said David Orr and bears date the 15th day of February 1872 and that he heard the said David Orr declare the same to be his last will and testament and that he this deponent together with James S. Kerr the other subscribing witness subscribed his name as a witness to said instrument at his request; and at the time thereof the said David Orr was of sound mind and memory of full age to make said will and not under any restraint. It is my impression that Kerr did not come to my house with him. I saw him sign his name at his own house. Kerr was there visiting.

E. A. Gallup

Sworn and subscribed before me this 22nd day of June 1874.

Edwin D. Wagner Surrogate

Delaware County Surrogates Court
In the matter of the Probate of the
last will and testament of David
Orr late of said County deceased as
a Will of Real and personal Estate.

Delaware County

James S. Kerr of the town of Kortright in the County of Delaware being sworn deposes that he saw the above named David Orr late of the town of Kortright in the County of Delaware deceased subscribe and execute the instrument shown him and which purports to be the last Will and testament of the said David Orr and bears date the 15th day of February 1872, and that he heard the said David Orr declare the same to be his last will and testament; and that he this deponent together with Ebenezer A. Gallup the other subscribing witness subscribed his name as a witness to said instrument at his request; and at the time thereof the said David Orr was of sound mind and memory of full age to make said Will and not under any restraint.

J. S. Kerr

Sworn and subscribe before me this 22nd day
of June 1874 Edwin D Wagner Surrogate

I Edwin D. Wagner Surrogate of the County of Delaware do hereby certify that the foregoing is a true and correct copy of the whole of the probate of the last Will and testament of David Orr late of the town of Kortright deceased together with the proofs and examinations taken an the probate thereof.
Edwin D. Wagner Surrogate


Will related documents of David Orr
submitted by Larry Campbell, April 15, 2004

David Orr's Will

Be it remembered that at a Surrogates Court held at the Surrogates office in Delhi in and for the County of Delaware on the 22nd day of June 1874 the last Will and testament of David Orr late of the town of Kortright in the County of Delaware deceased was duly proved before Edwin D Wagner Surrogate of said County, and was by said Surrogate adjudged valid and established as a will of Real and personal estate and the same together with the proofs and examinations taken on the probate thereof are pursuant to an order of said Surrogate here & ordered, to wit:

I David Orr of the Town of Kortright in the County of Delaware and State of New York being of sound mind and memory and mindful of the uncertainty of human life do make publish and declare this my last will and testament in manner and form following that is to say:

First, I will and direct that all my just debts and funeral expenses be paid out of my personal estate.

Second, I give and bequeath to my sons Robert S, John M. and David M Orr the sum of two hundred dollars each; to my sons Joseph and William the sum of one hundred dollars each, to my wife Nancy Orr the sum of one thousand dollars, to my daughter Elizabeth Orr the sum of one thousand dollars; and to my daughter Mary Orr the sum of thirteen hundred dollars.

Third, I give and bequeath to my said wife Nancy and my said daughters Elizabeth and Mary all my household furniture of every description and all the residue of my personal property not hereinbefore specifically bequeathed.

Fourth, I give devise and bequeath to my said wife Nancy Orr and to my said daughters Elizabeth and Mary Orr all the real estate of every description of which I may be seized and possessed at the time of my death to be held and enjoyed by them equally as tenents in common and by their heirs and assigns forever, said real estate not to be sold or disposed of except by common consent of all and of my executor hereinafter named so long as any two of said persons (namely my said wife and daughters) shall live or remain unmarried; and in the event of the marriage or death of any one of said persons neither she nor her heirs or assigns shall have or enjoy in any manner the use unto or profits of said real estate or any share thereof so long as the other two of said persons shall both be living and unmarried. It is the intent of this devise to vest an absolute estate in fee in each of said three persons in an undivided one third part of said real estate subject to the restrictions and limitations hereinbefore made, and whenever it shall happen that only one of said persons shall be living or unmarried, then said restrictions and limitations shall cease and be at an end.

Fifth, I hereby nominate constitute and appoint my son Robert S. Orr Executor and my daughter Mary Orr the Executrix of this my last will and testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this 15th day of February 1872.

David Orr

Ebenezer A Gallup Kortright Del. Co. New York, James S. Kerr Kortright Delaware County New York. The above instrument consisting of one half sheet was upon the day of the date thereof signed sealed published and declared by the said David Orr the testator therein named as and for his last will and testament in our presence and in the presence of each of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto, the work "her" being interlined before signing.

residing at Kortright Del Co. N.Y.
" " " " " " " " "

Delaware County Surrogates Court
In the matter of the Probate of the last
Will and testament of David Orr late
of said County deceased as Will
of Real and personal Estate.

Delaware County

Ebenezer A Gallup of the town of Kortright in the County of Delaware being sworn deposes that he saw the above named David Orr late of the town of Kortright in the County of Delaware deceased subscribe and execute the instrument shown him and which purports to be the last Will and testament of the said David Orr and bears date the 15th day of February 1872 and that he heard the said David Orr declare the same to be his last will and testament and that he this deponent together with James S. Kerr the other subscribing witness subscribed his name as a witness to said instrument at his request; and at the time thereof the said David Orr was of sound mind and memory of full age to make said will and not under any restraint. It is my impression that Kerr did not come to my house with him. I saw him sign his name at his own house. Kerr was there visiting.

E. A. Gallup

Sworn and subscribed before me this 22nd day of June 1874.

Edwin D. Wagner Surrogate

Delaware County Surrogates Court
In the matter of the Probate of the
last will and testament of David
Orr late of said County deceased as
a Will of Real and personal Estate.

Delaware County

James S. Kerr of the town of Kortright in the County of Delaware being sworn deposes that he saw the above named David Orr late of the town of Kortright in the County of Delaware deceased subscribe and execute the instrument shown him and which purports to be the last Will and testament of the said David Orr and bears date the 15th day of February 1872, and that he heard the said David Orr declare the same to be his last will and testament; and that he this deponent together with Ebenezer A. Gallup the other subscribing witness subscribed his name as a witness to said instrument at his request; and at the time thereof the said David Orr was of sound mind and memory of full age to make said Will and not under any restraint.

J. S. Kerr

Sworn and subscribe before me this 22nd day
of June 1874 Edwin D Wagner Surrogate

I Edwin D. Wagner Surrogate of the County of Delaware do hereby certify that the foregoing is a true and correct copy of the whole of the probate of the last Will and testament of David Orr late of the town of Kortright deceased together with the proofs and examinations taken an the probate thereof.
Edwin D. Wagner Surrogate




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