In the Name of God, Amen

 

I, Truman Burritt of the town of Willing county of Allegany and state of New York being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last Will and Testament, that is to say:

   First === After all my lawful debts are paid and discharged, I give and bequeath to my dear and beloved wife Martha Burritt all of may estates both real and personal for her support and maintenance during her maternal life or while she remains my widow.  After her death or remarriage the said estates both real and personal or so much as shall remain unused shall be sold and the proceeds of each sale shall be divided between my heirs as follows

To my son John C. Burritt I give and bequeath five ($5.00) dollars.  The balance of said proceeds I give and bequeath to my son George H. Burritt, to my daughter Cortelia Applebee, wife of Allen Applebee, to my son William W. Burritt, to my daughter Maryette Stephens wife of C.W. Stephens, to my daughter Lucy E. Richardson wife of G.H. Richardson, to my daughter Ethelana Plants wife of William W. Plants, and to my daughter Augusta F. Coats wife of Samuel Coats to be equally divided between them except the said Julia Ann Crandall and William W. Burritt I give and bequeath to each of them one third more of said proceeds than to either one of my last named heirs (i.e.) as $75.00 are to $50.00

Likewise, I make, constitute and appoint Charles W. Stephens my son-in-law to be 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 and affixed my seal the twenty-eighth day of October in the year of our Lord one thousand eight hundred and seventy five.

Truman Burrett //signed

   The above written instrument was subscribed by the said Truman Burritt in our presence, and acknowledged by him to each of us: and he at the same time declared the above instrument, so subscribed, to be his last Will and Testament: and we, at his request, have signed our names as witnesses hereto, in his presence and in the presence of each other, and written opposite our names our respective places of residence.

E.B. Heuyan      Shongo, NY //signed

J.W. Kelligan     Shongo, NY //signed

PROOF OF WILL

Surrogate’s Court.                     COUNTY OF ALLEGANY

In the Matter of Proving the Last Will and Testament

Truman Burrit (Deceased)

ALLEGANY COUNTY, SS.

J.W. Kelligan

Being first duly sworn in open Court, doth depose and say, that he is a subscribing witness to / of Truman Burritt late of the town of Willing in the County of Allegany and State of New York deceased.  And these deponents do further say, that the said Truman Burritt deceased, did, in the presence of deponent E.B. Heuyan subscribe his name at the end of the instrument in writing, which is now here shown to these deponents, an I which purports to be the last Will and Testament of the said, deceased, and which bears date on the 28th day of October one thousand eight hundred and seventy-five.  That said deceased died on or about the 2nd day of April 1882 at Willing, N.Y.  That the said deceased did at the time of subscribing his name to the said instrument as aforesaid, declare the same to be his last Will and Testament; and these deponents did respectively subscribe their own names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased, and in his presence, and in the presence of each other:  That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid was of full age; that he appeared to be, and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to the said instrument in the presence of the said deceased. 

Subscribed and sworn to before me, this 10th day of April 1885        //signed J.W. Kelligan                         //signed     Clarence A. Farnum (Surrogate of Allegany County)

STATE OF NEW YORK

County of Allegany

Charles W. Stephens being duly sworn, says he is the petitioner named in the foregoing petition, and that the said petition is true to his knowledge, except as the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.  Subscribed and sworn to before me, this 12th day of November 1884:  Charles W. Stephens //signed

Charles W. Stephens being duly sworn, say that he will well, faithfully and honestly discharge the duties of the office as Executor of the will of Truman Burrett, the testator named in the within petition:  Charles W. Stephens //signed.

At a Surrogate’s Court held in and for the county of Allegany at the office of the Surrogate in the village of Wellsville on the 7th day of February 1885.  Present Hon. Clarence A. Farnum.

Surrogate’s Court

In Re The last will and testament of Truman Burrett, deceased.

A duly verified petition having been presented to, and filed in the surrogate’s court of the county of Allegany, by Charles W. Stephens, the person designated as sole executor in the will of Truman Burrett, late of Willing, in the county of Allegany, deceased, praying for the probate of said will and for the issuing of a citation to attend such probate, and a citation having been issued thereon, directed to the widow, heirs and next of kin of the said decedent, and it having been proved by said petition and the affidavit of Martha Burrett to the satisfaction of the surrogate, that Julia A. Crandall, William W. Burrett, and Lucy E. Richardson, heirs and next of kin of said deceased, are adult persons and non residents of this state, but whose addresses are known; and it appearing by said petition and affidavit, that the residence of John C. Burrett, an adult person, named in said petition as heir and next of kin, and to whom said citation is directed, cannot after diligent inquiry be ascertained by the petitioner. 

Now, on motion of Norton V. Church attorneys for said petitioner, it is hereby ordered;

That service of the above mentioned citation upon the said Julia A. Crandall, William W. Burrett, Lucy E. Richardson and John C. Burrett be made by publication thereof in two newspapers, to-wit; in the Friendship Weekly Register, published at Friendship, NY and the Wellsville Free Press Allegany County Reporter published at Wellsville, NY once a week for six successive weeks; or at the option of the petitioner, by service of the citation and a copy of this order upon the persons so cited without the state; And that on or before the day of the first publication the petitioner deposit in the post office at Friendship, NY sets of copies of the citation and of this order each contained in a securely closed post paid wrapper, directed to the following persons respectively, at the places designated below:

William W. Burrett, Seattle, King Co., Washington Territory

Lucy E. Richardson, Port Allegany, Pennsylvania

Julia A. Crandall, Liverpool, Ohio

And the said surrogate being satisfied by said petition and affidavit that the above mentioned petitioner cannot, with reasonable diligence, ascertain a place or places where the said John C. Burrett would probably receive matter transmitted through the post office, hereby dispenses with the deposit of any papers therein.  //signed Clarence A. Farnum (Surrogate)

PETITION FOR PROOF OF WILL                                                                                                      Printed and Sold by E. R. Andrews, Rochester, NY

Surrogate’s Court.                     COUNTY OF ALLEGANY  in the State of New York:

The Petition of Charles W. Stephens of Willing in the County of Allegany, and state of New York, respectfully shows:

That Truman Burrett died on the second day of April, 1882, at Willing, in the County of Allegany, and State of New York, leaving personal property within your County, and leaving a will of Real & Personal property, bearing date the 28th day of October, 1875, executed as prescribed by the laws of the State of New York, in which will your petitioner Charles W. Stephens is designated as Executor.

That the said testator was, at the time of his death, a resident of said County of Allegany, and resided at Willing, in said County.

That the said testator left him surviving Martha Burrett, his wife, who resides at Willing, in the State of New York and that the following are all the heirs and all the next of kin of the said testat and their respective ages and places of residence, to wit:

George H. Burrett         aged 56 years, residing at Scio in the state of New York

John C. Burrett aged 54 years, residence unknown

Julia A. Crandall           aged 51 years, residing at Liverpool in the state of Ohio

Cordilia Applebee        aged 48 years, residing at Friendship in the state of New York

William W. Burrett        aged 46 years, residing at Seattle King Co. in Washington Territory

Maryette Stephens        aged 43 years, residing at Willing in the state of New York

Lucy E. Richardson      aged 40 years, residing at Port Allegany in the state of Pennsylvania

Ethelena Plants aged 35 years, residing at Wellsville in the state of New York

Augusta F. Coats          aged 32 years, residing at Independence in the state of New York

                                    All of full age

 

That no petition for probate of said will has been filed in any Surrogate’s Court.

That your petitioner is informed and believes that the real estate of said decedent does not exceed in value of $---------------------, and that the personal estate of said decedent does not exceed in value the sum of $275_00

Your petitioner therefore prays that the said will may be proved, and that the said wife _______ and the said heirs and next of kin of the said testator may be cited to attend the probate thereof.  Dated the Seventh day of November, 1884.  //signed C.W. Stephens (Petition)

 

 

Notes:  10-pages of Last Will & Testament (not shown)

1885 Friendship Weekly Register, Allegany County newspaper

The people of the state of New York – To George Burrett, John C. Burritt, Julia A. Crandall, Cordelia Applebee, William W. Burrett, Maryetta Stephens, Lucy E. Richardson, Ethelina Plants, Augusta F. Coats, and Martha Burrett heirs at law next of kin of Truman Burritt late of the town of Willing in Allegany County, New York deceased, Greetings:

Each of you are hereby cited and required personally to be and appear before our Surrogate of Allegany County at his office in Wellsville of the foresaid county on the 10th day of April in the forenoon of that day to attend the proof and probate of the last will and testament of said deceased which relates to being real and personal-estate and is presented for proof by Charles W. Stephens, executor, herein named and hereof fail not.  ETC.

CLARENCE A. FARNUM