Submitted by Dianne Delitto, August 11, 2004
The Last Will and Testament of William H. Knowles, deceased.
Be It Remembered, That heretofore, to wit: on the 5th day of September, in the year of our Lord one thousand eight hundred and ninety nine Faucher (sp?) & White, attorneys for the executrix named in the Last Will and Testament of William H. Knowles late of the town of Walton 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: that on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next if kin of the said testator, and their respective residence, 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 the said Surrogate at his office in the Village of Walton in said County on the 17th day of October, A.D., 1899 to attend the probate of the said Will.
And afterwards, to wit: on the 2nd day of January A. D., 1900 satisfactory evidence 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 no one appearing to oppose the probate of the same such proceedings were thereupon had in said Court that the Surrogate took the proofs of said Will hereinafter set forth upon this 2nd day of January A. D. 1900 and he thereupon adjudged the said Will to be a valid Will and Testament and proofs, are as follows, that is to say:
I William H. Knowles of Walton, Delaware County, NY so make this my last Will and Testament hereby declaring my intentions to dispose of all the real and personal estate which I shall be entitled to dispose of at the time of my death:
First: After the payment of all my just debts and funeral expenses, I give the following bequests and devises, viz:
I give and devise to my grandsonHenry K. Lewis the farm in Walton, NY in which he now resides with me and which heretofore been sold to him upon contract.
This devise to the said Henry K. Lewis is subject - to the payment within one year from my death without interest of a certain note of nine hundred dollars ($900.00) held by my daughter Ella Knowles against me and also subject to the payment of three hundred dollars ($300.00) to each of my grandchildren Thomas Lewis and Jane Lewis which amounts I hereby bequest to each of them.
If, however, the said Henry K. Lewis _______ pay upon said contract so that the bequest to him, taking the contract price as the value of said farm should amount to less than one thousand five hundred dollars ($1500.00) then I bequest to him a sufficient sum equal to that amount.
I give and bequest to my executor hereinafter named the sum of five hundred dollars ($500.00) in trust, to hold and invest the same, and pay the rent income, therefrom each towards the investment and support of my daughter Mary Lewis and at her death give and bequeath the sum to her children share and share alike.
Second: The rest, residue and remainder of my real and personal property of whatever name, kind and description of which I may be payed or possessed I direct my executor hereinafter to divide into six equal parts and I give, devise and bequeath one sixth part to each of my following named children, viz: Emma Wight; Ella Knowles; Christine Jenks; Squire William Knowles; and Matilda Hines (or Himes sp?) and each of their heirs.
The other remaining one sixth share thereof I bequeath to my said executor hereafter named to invest and then reinvest the same part and pay the net income thereof each year towards the support of my daughter Mary Lewis and at her death I give and bequest the sum amongst her children share and share alike.
Third: All my real estate not specifically devised and hereby made subject to the payment of any legacies or bequests in case there is not sufficient personal property out of which to pay the same.
Fourth: I state that the reason I have made no bequests or devises to my beloved wife is that a division of has already been made between us prior to the making of this will by mutual agreement between us entirely to the satisfaction to both os us.
Fifth: I bequest my executor hereinafter named in all matters of legal business appertaining to my estate to employ my friend Samuel H. Faucher (sp?) of Walton, NY as attorney therein.
Sixth: I hereby authorize and empower my executor hereinafter named to sell and dispose of any and all of my real estate which it may be necessary so to do in the administration of my estate, authorizing and directing him to give all deeds or conveyances thereof.
Likewise, I hereby appoint my son in law George Wight of Delaware, town of Hamden, NY as executor and trustee of 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 in duplicate originals, in the presance of the witnesses hereinafter named and hereby declare this to be my Last Will and Testament this 20th day of February 1896.
Signed William H. Knowles (L.S.)
The above instrument was subscribed and published abd declared by the said William H. Knowles as and for his Last Will and Testament in our presance and we at his request and in his presence and in the presance of each other have hereunto subscribed our names as witnesses this 28th day of February, A.D. 1896.
Signed Susan J. Glauss residing at Walton, Delaware Co., NY
Signed Sam H. Faucher (sp?) residing at Walton, Delaware Co., NY