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The Edgerton Database |
The Last Will and Testament of Apollos Cook Edgerton
Be it remembered that at a Surrogate’s Court held at the Surrogate’s Office in Delhi, in and for the County of Delaware on the 14th day of June 1882, the last Will and Testament of Apollos C. Edgerton late of the town of Delhi in the County of Delaware, deceased, was duly proved before Isaac H. Maynard, Esq., 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 the Surrogate here recorded, to wit: I Apollos C. Edgerton of Delhi Delaware County New York being of sound mind and memory do make, ordain publish and declare this to be my last will and Testament as follows. First. After all my debts are paid, I give devise and bequeath to my beloved wife Ann Eliza Edgerton the entire use control and income of all my real and personal estate to be used and enjoyed by her for her comfort and support during her natural life and it is my will that my said wife my use and spend the entire property if she shall need the same for her comfort and support and I further will and direct that my three nieces Frances H. Maxwell, Isabella Horner and Frances Augusta Horner shall have a home in my house and each be supported out of my property until their marriage respectively. And whenever either of said nieces shall marry, such niece after her marriage shall not have a home in my house and shall not be supported out of my property after her marriage. Second. After the death of my said wife I give will and devise to the wardens and vestrymen of St. Johns Church in Delhi the sum of one hundred and fifty dollars which sum I direct shall be by them safely invested and kept on interest forever. And I direct that the interest shall be used to keep my lot and burial ground and also the lot and burial ground where my grandfather George Fisher is buried in the cemetery in Delhi in good repair, also in keeping the stones and monuments in said lots in good repair. And I direct that a committee of said vestry shall visit said burial lots once in each and every year in the month of May and see that said lot and gravestones are in good repair and report the same to a regular meeting of said vestry once in each year and all the interest which shall accrue and shall not be needed for the purpose aforesaid I give and devise to said Church. Third. After the death of my said wife I give will and devise and bequeath all the rest residue and remainder of all my property to my three nieces Frances H. Maxwell, Isabella Horner and Frances Augusta Horner to be theirs forever equally share and share alike. If either of my said nieces shall die before my wife leaving no children then her share shall go to the nieces surviving, unless such niece or nieces so dying shall leave issue her or them surviving in such case the share so given to said niece or nieces shall go to the issue of such niece or nieces. Lastly. I nominate and appoint my said wife Ann Eliza Edgerton to be Executor of this my last will and testament and I give her power to sell and convey any and all real estate left by me hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal the 11th day of November 1875. Apollos Cook Edgerton The foregoing written instrument was subscribed by the said Apollos C. Edgerton in our presence and acknowledged by said Edgerton and each of us and he at the same time declared the same to be his last will and testament and we at his request have subscribed our names as witnesses thereto. O. W. Smith Delhi N.Y. Geo. H. Paine Delhi N.Y. Delaware County, SS. Orrin W. Smith of the town of Delhi in said County of Delaware, and George H. Paine of the town of Delhi in said County, being duly sworn in open Court, do severally depose and say, that they were acquainted with Apollos C. Edgerton late of the town of Delhi in said County of Delaware, deceased, in his life time, and are the subscribing witnesses to his last Will and Testament. That the said Apollos C. Edgerton did in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to them and purports to be the last will and testament of the said Apollos C. Edgerton and bears the date the 11th day of November 1875, and the said Apollos C. Edgerton did at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament, in the presence and hearing of these deponents, who did thereupon at his request and in his presence and in the presence of each other, subscribe their names at the end of the said Will as attesting witnesses thereto. That at the time thereof the said Apollos C. Edgerton was of sound mind and memory, of full age to make said Will, and not under any restraint. O. W. Smith George H. Paine Sworn and subscribed this 14th day of June 1882, before me Isaac H. Maynard, Surrogate I, Isaac H. Maynard, Surrogate of the County of Delaware, do hereby certify that the foregoing is a correct copy of the whole of the probate of the last Will and Testament of Apollos C. Edgerton deceased, together with the proofs and examinations taken on the probate thereof. Isaac H. Maynard, Surrogate Back to Apollos Cook Edgerton page |