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Delaware County NY Genealogy and History Site

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Submitted by Larry Campbell, January 27, 2002

Record of the Last Will and Testament of Robert J. Orr, deceased.

Be it remembered, that heretofore, to wit: on the 14th day of January, in the year of our Lord one thousand nine hundred and three, Datus E. Siver, one of the Executors named in the Last Will and Testament of Robert J. Orr, late of the Town of Davenport, 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 Stamford in said County, on the 31st day of January A.D., 1903, to attend the probate of said Will.

And afterwards, to wit: on the 31st day of January A.D., 1903, 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 31st day of January A.D., 1903, 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 J. Orr of Davenport Del. C. N.Y. do make publish & declare my last will & testament as follows

First - I give & bequeath to my daughter Sarah Jane Fish the sum of fifteen hundred dollars to be paid as follows $500. eighteen months after my decease $500 one year thereafter and the balance $500. one year thereafter.

Second All the rest residue & remainder of my estate real & personal to my wife Mary Orr I give devise & bequeath.

Third I appoint J. G. Lockwood and Mary Orr Executors of this my last will & testament with power to sell & convey any real estate I may own at my decease hereby revoking all former wills by me made.

Lastly I direct that in case any of the foregoing legatees shall file objections to or contest my will the making of such contest shall operate as a revocation of the legacy to them and they shall take nothing from my estate but the devise made to them shall be paid to the party not making a contest the same as if directly devised to them.

Witness my hand & seal this 12 day of January 1899

Robert J. Orr

Signed sealed published & declared by the said Robert J. Orr as and for his last will & testament and we at his request and in his presence have signed our names as witnesses hereto.

Witness J. G. Lockwood
" Cyrus Whitlock

I Robert J. Orr do make publish & declare this my codicil to my last will & testament. I appoint Datus E. Siver executor with my wife Mary Orr in the place of J. G. Lockwood & my said wife so that instead of Lockwood & said Orr being my executors aforesaid I appoint Datus E. Siver & Mary Orr Executors of said will otherwise I confirm said will.
Dated Nov 19th 1901

Robert J. Orr

Signed sealed published & declared by the said Robert J. Orr as & for a codicil to my last will & testament and we in his presence & at his request have signed our names as witnesses hereto.

A. D. Puidar(?) West Davenport
James Puidor(?) Davenport Ctr.

Surrogates Court - Delaware County.

In the Matter of the Estate of Robert
J. Orr, late of Davenport, Delaware
County, deceased.

I, Mary Orr, one of the executors named in the last will and testament, and codicil thereto, of Robert J. Orr, late of the town of Davenport Delaware County, deceased, do hereby renounce all right and claim to Sectors testamentary upon the will and codicil of said deceased, or to act as Exutrix thereof, and pray the Surrogate of Delaware County to accept and record this my renunciation.

Witness my hand this 10 day of January, 1903

Mary Orr

County of Delaware,

On this 10 day of January, 1903, before me, the subscriber appeared Mary Orr, who acknowledged that she executed the foregoing instrument for the purpose therein stated; and I certify that I know the person who made said acknowledgment to be the individual described in and who executed said instrument.

Cyrus Whitlock
Notary Public

Surrogates Court - County of Delaware,
Present, - John P. Grant, Surrogate.

In the Matter of Proving the Last Will
and Testament of Robert J. Orr,
Deceased.

Delaware County,

J. G. Lockwood of the town of Davenport 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 Robert J. Orr, the said testator and knew him for more than 50 years before his death. The subscriptions of the decedents name to the instrument now shown to me, and offered for probate as his last Will and Testament and bearing date the 12" day of January in the year of our Lord one thousand eight hundred and ninety nine was made by the deceased, at Davenport, in the County of Delaware, in the presence of myself and Cyrus Whitlock, the other subscribing witness. At the time of said 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 Cyrus Whitlock. I also saw said Cyrus Whitlock 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, 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 my restraint, or in any respect incompetent to devise real estate.

J. G. Lockwood

Subscribed and sworn to before me,
This 31" day of January, 1908

John P. Grant, Surrogate

Delaware County ==

Cyrus Whitlock of the town of Davenport 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 Robert J. Orr, the said testator and knew him for more than 38 years before his death. The subscription of the decedents name to the instrument now shown to me and offered for probate as his last Will and Testament, and bearing date the 12" day of January in the year of our Lord one thousand eight hundred and ninety nine was made by the decedent - in the town of Davenport, - in the County of Delaware, in the presence of myself and J. G. Lockwood, the other subscribing witness. At the time of said 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 J. G. Lockwood. I also saw said J. G. Lockwood 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, 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 my restraint, or in any respect incompetent to devise real estate.

Cyrus Whitlock

Subscribed and sworn to before me,
this 31" day of January, 1903.

John P. Grant, Surrogate.



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