Transcribed by Dean Hunter, September 20, 2002
Record of the Last Will and Testament of Walter P. McGibbon, deceased
Be it remembered, that heretofore, to wit: On the 14th day of September in the year of our Lord one thosand nine hundred and one, William T. White, Attorney for the Executor named in the Last Will and Testament of Walter P. McGibbon, 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 Last Will and Testament which relates to Personal Estate, proved: and on such application the Surrogate did ascertain by adequate evidence who were the heirs at law and next of kin of the said testator and their respective residences, 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 said Surrogate at his office in the Village of Walton in said County on the 17th day of October, AD 1901 to attend probate of said Will.
And afterwards, to wit: on the 17th day of October AD, 1901 satisfactory evidence by affadavit 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 said Surrogate took the proofs of said Will hereinafter set forth upon this 19th day of October AD, 1901 and he thereupon adjudged the said Will to be a valid Will of Personal Estate and the proofs thereof to be sufficient, which said Last Will and Testament and proofs, are as follows, that is to say:
I, Walter P. McGibbon, of the Town of Thompkins, Delaware County, NY, being of sound mind and memory do 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, devise and bequeath to my executor herinafter named in trust, a bond and mortgage executed to me by my wife Catherine McGibbon (to secure the payment of twelve hundred dollars at the time of her death without interest) and in which is now unpaid twelve hundred dollars; together with the sum of one thosand dollars; and in case at the time of my death any part or the whole of said mortgage shall have been paid, then enough money from my estate to make with the said one thousand dollars and the amount unpaid on said mortgage, the sum of twenty two hundred dollars; said sum of money and bond and mortgage to be held in trust by my said executor for the following purpose, viz: The said bond and mortgage to be held by my said executor during the life of my said wife Catherine and the remaining sum of said twenty two hundred dollars to be kept invested by my said executor and the income thereof to be paid by him to my said wife Catherine annually during her life for her use and benefit. At the death of my said wife, I direct my executor to collect the said mortgage and the remainder of the said sum of twenty two hundred dollars so held by him in trust and divide the same equally between the following named persons, that is to say my executor shall divide the fund into eleven equal parts and one of such parts I give and devise and bequeath to each of the following persons if such person be living at the death of my wife or living at my death in case my wife does not survive me, viz William? J. McGibbon, Walter P. McGibbon, Jr, J. Annette McGibbon, Forrest A. McGibbon, Harold R. McGibbon, Malcolm A. McGibbon, Oakley Miles, Nettie Neff nee Miles, Susie Miles, William E Henderson, & Herbert Henderson, the first six persons named being the children of my deceased son Forrest L and the next three being the children of my daughter Augusta and the last two being sons of my present wife by her former husband. In the event my wife does not survive me, then in that case I give and bequeath the said sum of twenty two hundred dollars, to the persons above named to be divided between them as above provided. In case any of my said grandchildren shall die before the time fixed for the division of said fund between them and shall leave child or children who shall then be in being, then I direct that the share which would have gone to the parent go to such child or children, to be divided among them equally if there be more than one. The aforesaid bequest to my wife shall be in lieu of above? and of her distributive share in my estate. If any of the aforesaid legacies shall lapse the same shall form a part of my residuary estate.
Second, I give and bequeath to my daughter, Augusta Miles, two hundred dollars.
Third, I give and bequeath the sum of one hundred dollars to each of my grandchildren named as follows, Oakley Miles, Nettie Miles Neff, Susie Miles
Fourth, I give and bequeath to my grandson William? J McGibbon the sum of five hundred dollars.
Fifth, I give and bequeath the sum of two hundred dollars to each of my grandchildren named as follows, Walter P. McGibbon, Jr, J. Annette McGibbon, Forrest A. McGibbon, Harold R. McGibbon, Malcolm A. McGibbon
Sixth, in case there shall not be sufficient of my real and personal estate to pay in full the legacies mentioned in the second, third, fourth, and fifth clauses of this will, then I direct that they be paid proportinately out of what shall remain after the payment and distribution of the $2200 fund as above provided in the first clause of this instrument.
Seventh, all the rest residue and remainder of my estate both real and personal of every name and nature including all lap--? legacies, I give and bequeath to my grandchildren William? J. McGibbon, Walter P. McGibbon, Jr, J. Annette McGibbon, Forrest A. McGibbon, Harold R. McGibbon, Malcolm A. McGibbon, or in lieu of these as shall survive me, and the child or children of any of these as may not (the child or children together to take only the share which the deceased parent would have taken if living) to be divided share and share alike.
Eight, my property now being all in personal property, I direct my executor in case I shall die seized or possessed of any real estate to sell the same at public or private sale as is his judgement may be for the best interest of my estate and execute and deliver all proper and necessary conveyances therefore to the purchaser or purchasers thereof, and that the proceeds thereof shall be used by him for the payment of debts, expenses and payment of legacies as hereinbefore provided, together with the proceeds of my personal estate the same as if the whole was personal, and as hereinbefore provided.
Ninth, I hereby make, constitute and appoint my nephew Robert McGibbon now of Walton, NY to be executor of this my last Will & Testament, hereby revoking all former Wills by me made. In witness thereof, I have hereto subscribed my name and affixed my seal, the 20th day of August, 1898
Walter McGibbon (LS)
Witnesses: W. F. White
Sam L? H? Fancher?