I transcribed the wills exactly as they were such as spelling and punctuation, there were a few words that I just could not make out. --Submitted by Sandra Townsend, August 6, 2001
The Will of John H. Woodin
Be it Remembered, That at a Surrogate's Court, held at the Surrogateís Office in Delhi, in and for the County of Delaware on the 20th day of August 1883, the last Will and Testament of John H. Woodin late of the town of Andes 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:
The last Will and Testament of John H. Woodin of the town of Andes in the county of Delaware and state of New York.
I John H. Woodin make this my last will and testament as follows. First. I direct that my funeral charges the expenses of administering my estate, and my debts be paid out of my personal estate and if my personal estate be insufficient for those purposes I expressly charge the payment thereof or of any deficiency upon the real estate of which I may be siezed and for that purpose or for the payment of the leyasin hereinafter bequeathed I authorize my executor hereinafter married to sell at public or private sale the whole or such part of my real estate as may be sufficient for those purposes.
Second: I give and bequeath unto my beloved wife Catharine Woodin if she shall survive me and to my son Henry J. Woodin as tenants in common my entire farm of land upon what I now reside in Andes in Delaware County New York together with all the live stock and farming and dairying utensils and household furniture of every description of which I may be seized the whole of said land and personal property to be under the control of my said wife during her natural life and the proceeds thereof to be equally divided between my said wife and my said son Henry J. Woodin. At the death of my said wife the whole of said farms or land and said personal property shall be and become the sole property of my said son Henry J. Woodin except the household furniture which shall be divided equally between my three daughters Susie E. Woodin, Fannie P. Woodin and Alice E. Woodin except one bed and bedding therefor which shall be retained by said son Henry J. Woodin, the said farm or land consists of about two hundred and thirty acres.
Third. I give and bequeath to each of my children Philena Van Wagoner, Edwin Woodin, Orrin Woodin, Emily Titch, Cyrus Woodin and Maria Fisher the sum of one dollar to be paid to them by my executors within one year from the time of my decease.
Fourth. I give and bequeath all the residue of my estate both real and personal to my three daughters Susie E. Woodin, Fannie P. Woodin and Alice E. Woodin to be divided equally between them share and share alike and should the said residue of my real (may be missing a line) fourteen hundred dollars apprise them in that case the deficiency thereof shall by paid to them by my said wife Catharine Woodin and my said son Henry J. Woodin from the proceeds of the said farm and personal property heretofor bequeathed to them.
Fifth. I further direct and order that as a further condition upon which my said wife Catharine Woodin and my said son Henry J. Wooden shall receive the bequeath-herein made to them that so long as my three daughters Susie E. Woodin, Fannie P. Woodin and Alice B. Woodin or either of them shall remain unmarried and desire to live with my said wife and my said son, they shall be furnished by them free of cost a home and support.
Sixth: I hereby order that my said wife Catharine Woodin and my said son Henry J. Woodin shall immediately upon my decease take possession of the farm or land and personal property herein bequeathed to them and that my executors shall at this option pay the leyacias (unknown word) herein bequeathed to my said daughters Susie E. Woodin, Fannie P. Woodin and Alice E. Woodin on or before the expiration of five years from the time of my decease without interest.
Lastly I hereby appoint my wife Catharine Woodin and Hezekiah N. Davis Executors of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have hereunto subscribed my name this first day of October in the year of our Lord one thousand eight hundred and seventy nine.
John H. (his x mark) Woodin Initials L.S. in a circle
W. D. Covert: Witness to mark.
The forgoing instrument was at the date thereof subscribed by the said John H. Woodin in our presence and he at the same time declared the same to be his last will and testament and requested us to sign our names as witness which we do in his presence.
W.D. Covert Andes Delaware County New York
Moses S. Dosig(?) Andes Delaware County New York
The probate of this will was contested afor that reason the proof taken thereupon are not here recorded. They will be found at Volume 5 of the Stenographic minutes of this court.
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 John H. Wooden deceased, and that the proof and examination taken on the probate thereof are on file in this office/Vol 5 sten. minutes)
Isaac H. Maynard (signature) Surrogate.
Petition to the Will of John H. Wooden
County of Delaware---Surrogateís Court.
To the Surrogate of the County of Delaware.
THE PETITION OF Hezekiah N. Davis & Catherine Wooden in said county, respectively showeth: That John H. Wooden late of Andes in said county, died on or about the 16th day of December 1882 (looks like a one marked over it), having previously, as your Petitioners is informed and believes, duly made and executed his last Will and Testament: That your Petitioners is the Executors named in said Will: That said deceased was a citizen of the United States, and at or immediately previous to his death, was an inhabitant of said county, and his Will relates to both Real and Personal Estate.
Your Petitioners further shows that the heirs and next of kin of said deceased are
Edwin Wooden residing at Andes Delaware Co. N.Y.
Emily Titch residing at Andes
Susan E. Wooden residing at Andes
Allice E. Wooden residing at Andes
Henry J. Wooden residing at Andes
Mary J. Drummond residing at And
Maria Fisher residing at Kingston Ulster Co. N.Y.
Fanny P. Muir residing at Stamford Delaware Co. N.Y.
Cyrus Wooden residing at Honesdale State of Pa, as deponents have been informed & verify believe
Orrin Wooden who resides at Fort Dodge State of Iowa as deponents have been informed &verify to believe
Felina Van Wagoner whose whereabouts and place of residence (if she be living) is unknown to your petitioner and can not be ascertained after diligent search and inquiry among the friends and relations of said Felina Van Wagoner. Your petitioners further say that they have been informed by W.W. Grant of Middletown who is or was a relative of said Filena Van Wagoner that said Filena Van Wagoner departed this life some time ago leaving surviving her a number of children but the number of said children or their names or the names either of them or their place of residence of either of them is unknown to your petitioner and can not be ascertained after diligent search and inquiry among the relatives and friends of said Filena Van Wagoner but your petitioner knows that said Filena Van Wagoner is not a resident of the state of New York and has not been for many years but deponent has been informed by said W.W. Grant that she lived for many years at St. Clair in the State of Michigan.
Catherine Wooden one of your petitioners who is the widow of said John H. Wooden deceased
And your Petitioners further shows that the property of said deceased does exceed the sum of two thousand dollars in value. Your Petitioners therefore prays that said last Will and Testament may be proved, and Letters Testamentary granted thereon according to law. (Signed)
Hezekiah N. Davis
DELAWARE COUNTY, ss.
I Hezekiah N. Davis and Catherine Wooden the Petitioner named in the foregoing Petition, being duly sworn, do depose and say that I have heard read the foregoing Petition subscribe by me, and know the contents thereof, and that the matters of fact therein stated are true ; and the matters therein stated on information and belief I believe to be true.
Sworn before me this 28th . . . . (Signed) Hezekiah N. Davis
Day of April 1883 . . . . . . Catherine Wooden
(Signed) C.W. Shaw