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February, 2003. ********************************************************************** ********************************************************************** The Will of Eliza Ann Dehart. She was Eliza Ann Algard who married Peter Dehart in Cayuga County NY, had several children including Sarah Dehart who married John Henry Conklin, my ggrandfather. Same sworn recorded the 19th day of March 1868. Wm B Woodin Surrogate ss: Eliza Ann Dehart To the Surrogate of the county of Cayuga. The petition of Daniel M Bacon of the town of Genoa County of Cayuga and state of New York respectfully shownwith. That Eliza Ann Dehart late of the town of Auburn in the county of Cayuga aforesaid departed this life on or about the fifteenth day of March in the year of our Lord one thousand eight hundred and sixty three. That the said deceased was at the time of his death an inhabitant of the said county of Cayuga. That she has left a last will and testament which is dated the 20th day of August in the year of our Lord one thousand eight hundred and sixty three. That in and by the said Will the said deceased appointed your petitioner Executor thereof. That the said deceased left the following heirs at law and next of kin. To wit: Sarah Ann Dehart, Mary Jane Dehart, hannah M. Dehart, & Edmond Dehart of Auburn aforesaid children of said dec. That Mary J Dehart, Hannah M Dehart, & Edmond Dehart are severally minors & have no General Guardian. That said will relates to both real and personal estate. That the entire estate will not exceed two thousand dollars in value. That your petitioner is desirous of proving said last Will and Testament as a will of real and personal estate. That the same may be recorded as such in Isuance of the statute in such case made and provided. Your petitioner therefore prays the Surrogate aforesaid.that the necessary steps be taken before him for that purpose & that some suitable person may be appointed special Guardian of the said minors for the sole purpose of appearing for them & taking care of their interest in the further proceedings in this matter.. Daniel M. Bacon. Auburn Mr. 21st 1868. Cayuga County____ Daniel M. Bacon. The above petitioner being sworn depose and says that the facts stated in the above petition by him signed are true to the best of his knowledge and belief. Daniel M. Bacon sworn this 21st day of March 1868 before me Wm. B. Woodin Surrogate In Surrogate Court In the matter of the proof and probate of the last will and testament of Eliza Ann Dehart dec The undersigned heirs at law and next of kin and special Guardian of the minor heirs at law and next of kin of Eliza Ann Dehart deceased do hereby waive the issuing and service of the usual citation required by law to attend the proof and probate of the last will and testament of the said deceased and we do hereby consent that the will may be proved at any time when the same shall be presented to the Surrogate of Cayuga County for that purpose without further notice to us. Witness our hands this 20th day of March A.D. 1868. Sarah A Dehart, Benj. B. Snow spec. Guardian. In presence of Daniel M. Bacon At a Surrogates Court, held at the Surrogates office in the city of Auburn in and for the County of Cayuga on the twenty first day of March A.D. 1868. Present Wm. B. Woodin Surrogate. An Instrument in Writing, purporting to be the last will and testament of Eliza Ann Dehart late of the town of Auburn in said county, deceased, was offered for proof and probate as a will of real and personal______ pursuant to the Statute in such case made and provided. On file __ the written consent of the heirs at law and next of kin of Eliza Ann Dehart dec and the written consent of the special Guardian of the minor heirs at law and next of kin of the said dec. waiving the issuing and service of the usual citation required by law to attend the proof and probate of the last will and testament of the said dec'd & consenting that the same may be proved at any time when presented for that purpose to the Surrogate of Cayuga county. It is ordered that this matter be now brought on to be heard, and both of the Subscribing Witnesses to said will were produced in open court and testified as follows. In the matter of the proof and probate of the last will and testament of Eliza Ann Dehart deceased Cayuga County ss: Edward K. Willner (?) of the town of Auburn in said county being duly sworn says. I was well acquainted with Eliza Ann Dehart late of the town of Auburn in the county of Cayuga aforesaid deceased. I was present when a certain Instrument in writing now here shown to me bearing date the twentieth day of August A.D. 1862 and purporting to be the last will and testament of the said deceased was executed. I saw the deceased execute the same by signing her name at the end thereof. I heard her publish and declare the same to be her last will and testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so; and signed my name thereto as such witness in her presence. The said deceased was in my opinion at the time of the execution of said instrument of a sound and disposing (?) mind and memory, and in all respects competent to make and publish a last will and testament., and to devise real estate: that she was of full age, and under no restraint that I know of. Edward K. Willnir, Subscribed and sworn to this 21st day of March A.D. 1968 before me Wm. B. Woodin, Surrogate. In the matter of the proof and probate of the last will and testament of Eliza Ann Dehart deceased Cayuga County ss: Alexander C. Coddington of the town of Auburn in said county being duly sworn says I was well acquainted with Eliza Ann Dehart late of the town of Auburn in the county of Cayuga aforesaid deceased: I was present when a certain instrument in writing now shown to me bearing date the 20th day of August A.D. 1862 and purporting to be the last will and testament of the said deceased was executed. I saw her execute the same by signing her name at the end thereof. I heard her publish and declare the same to be her last will and testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so; and signed my name thereto as such witness in her presence. The deceased was in my opinion at the time of the execution of said instrument of sound and disposing mind and memory, and in all respects competent to make and publish a last will and testament and to devise real estate; that she was of full age, and under no restraint that I know of. Alexander C. Coddington. Subscribed and sworn to this 21st day of March A.D. 1868 before me Wm B. Woodin, Surrogate, Cayuga County, _____ Daniel M. Bacon being duly sworn deposes and says that he will honestly and faithfully discharge the duty of executor of the last will and testament of Eliza Ann Dehart late of Auburn, Cayuga County dec'd according to law. Daniel M. Bacon, Sworn to this 21st day of March A.D. 1868. Wm. B. Woodin Surrogate. Will Know all men by these presents. That I Eliza Ann Dehart of the city of Auburn and state of New York, in view of the uncertainty of life and the certainty of death at such time as and all-wise Providence shall ordain, do hereby declare and subscribe the following as my will, which I desire all persons to respect after my death . to wit. It is my will that my debts shall be paid out of any moneys which I may have. It is also my will that my household furniture together with my beds and bedding shall be divided equally between my daughters Sarah Ann Dehart and Mary Jane Dehart and that my sister Betsey Jane Algard shall divide them between the two girls according to her judgment. It is also my will that my daughter Hannah Mariah Dehart and my son Edmond Dehart shall have one hundred dollars each and that the residue of my property shall be divided equally between my four children, Sarah Ann Dehart, Mary Jane Dehart, Hannah Mariah Dehart and Edmond Dehart share and share alike. It is my will also that all my real estate shall be sold by and at the discretion of my executor expecting him to use his best judgment for the best interest of my children. It is also my will that my daughter Hannah Mariah Dehart shall have two large silver table spoons and that the residue of my silverware shall be divided equally between my other two daughters Sarah Ann and Mary Jane Dehart. It is my will and direction also that my executor shall be and him hereby declared to be the guardian of my said children until they shall become respectively twenty one years of age. My real estate consists of Lot No. (62) sixty-two North Fulton St. Auburn city and state of New York ____ I value worth Fourteen hundred dollars, and my personal property consists of a bond and mortgage executed by John Algard and wife of the town of Genoa countyof Cayuga and state of New York on their farm in said town county and state of Thirteen hundred dollars. It is also my will that my friend Daniel M. Bacon of Genoa Cayuga Co., N. York be and he hereby declared to e my executor to carry this will into effect and to that end I do hereby waive all legal process and letters of administration and dispense with any and all security on the part of my said executor and direct that he may proceed and execute this will the same that I could do were I alive. Having thus provided for all my worldly affairs I commit my soul to God and ask the prayers of the good for his _____ blessing. In testimony whereof, I have hereunto set my hand and seal this 20th day of August 1862, Eliza Ann Dehart,S.S. In presence of A. C. Coddington Auburn N. York, E.K. Willner Auburn N. York. I hereby certify that the preceding is the true record of the proceedings, proofs, and examinations had before me in the matter of the proof and probate of the last will and testament of Eliza Ann Dehart late of the city of Auburn, Cayuga County as a will of real and personal estate and ____ of said will, and that the same were recorded the 21st day of March 1868. Wm B. Woodin Surrogate