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Delaware County NY Genealogy and History Site

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submitted by Gabriele Hammon, Seattle, WA, October 19, 1999

Surrogate's Court,
Delaware County
In the Matter of Proving the Last Will and Testament of
Alex Tweedie, Deceased

Petition

Filed July 10, 1918
E.A. Clauson
Clerk to the Surrogate's Court


Delaware County, ss:

Christie Russell, Jennie E. George, Margaret Tweedie being duly sworn, say 
they are the petitioners named in, and who subscribed the foregoing petition; 
that they heard the same read, know the contents thereof and that the same is 
true to their own knowledge, except as to the matters therein state to be 
alleged on information and belief, and as to those matters they believes it 
to be true.
    Subscribed and sworn to before me,      Signed: Chrissie B. Russell
    This 15 day of June 1918                         Jennie E. George
        Arthur E. Patterson                      Margaret Tweedie
        Notary Public

County of Delaware, ss.

    I, Chrissie B. Russell, executor named in the last will of Alexander 
Tweedie late of the town of Walton, Delaware County, deceased, do solemnly 
sweat that I am a resident of Walton in the State of New York, and am over 
twenty-one years of age, and that I will well, faithfully and honestly 
discharge the duties of the office of execute of the said last will and 
testament, according to the law.
Subscribed and sworn to before me       Signed:  Chrissie B. Russell
This 15 day of June 1918
    Arthur E. Patterson     
    Notary Public

County of Delaware, ss.

    I, Jennie E. George, executor named in the last will of Alexander Tweedie 
late of the town of Walton, Delaware County, deceased, do solemnly sweat that 
I am a resident of Walton in the State of New York, and am over twenty-one 
years of age, and that I will well, faithfully and honestly discharge the 
duties of the office of execute of the said last will and testament, 
according to the law.
Subscribed and sworn to before me       Signed:  Jennie E. George
This 15 day of June 1918
    Arthur E. Patterson     
    Notary Public

To the Surrogate's Court of the County of Delaware

    The Petition of Margaret Tweedie, Chrissie B. Russell, and Jennie George 
of the town on Walton, in the County of Delaware and State of New York, 
respectfully shows: That Alexander Tweedie, late of the town of Walton, in 
the County of Delaware, died on the 22 day of April, 1918, at Walton, in the 
County of Delaware, State of New York, leaving a Last Will and Testament, 
dated the (Blank) day of  (Blank), 1918, which is signed at the end thereof 
by the said testator and by W. D. Burns and W. B. Thompson as subscribing 
witnesses thereto.
    That the said decedent was a citizen of the United States, and at the 
time of his death was a resident of the town of Walton, County of Delaware 
and State of New York.
    That your petitioners are executors named in the said Will.
    That the said Will related to both real and personal property; that the 
value of the personal property does not exceed the sum of Eleven Thousand 
dollars, and the value of the real property does not exceed the sum of three 
thousand two hundred dollars as your petitioners informed and believe.
    That the said decedent left his surviving his widow, Margaret Tweedie, 
who resides at Walton, in the State of New York.
    That as your petitioner informed and believe, the following named persons 
are the only heirs-at-law and next of kin of said decedent:

    Margaret Tweedie, a widow residing at Walton
    Chrissie B. Russell, a daughter residing at Walton, NY
A. Maurice Tweedie, a son residing in Los Angeles, Cal
Jennie E. George, a daughter residing in Walton, NY

That the Executor or Executors, and Trustee or Trustees, named or described 
in said 
Will, are as follows:
    Margaret Tweedie residing at Walton, NY
    Chrissie B. Russell residing at Walton, NY
    Jennie E. George residing at Walton, NY

    That your petitioners are informed and believe, all of the foregoing 
named persons are of full age and sound mind, except the following, who are 
infants, to wit: (Blank)  years of age, residing with (Blank) at the address 
a foresaid, and (Blank).

That personal service of a citation cannot, with due diligence, be made upon 
the above named non-residents within the State of New York, as your 
petitioner is informed and believes.
    That no previous petition or application for the probate of said Will or 
for the granting of Letters Testamentary or of administration of the personal 
property of the said decedent has been filed with or presented to any Court, 
to the knowledge or belief of your petitioner.  
Wherefore your petitioners pray that the said Last Will and Testament may be 
probed and Letters Testamentary granted thereon, in accordance with law, and 
to that end, that the above named widow (or husband), heirs at law and next 
of kin may be cited to attend the probate thereof, and that the said 
Surrogate may make an order directing the service of said citation, without 
the State or by publication, pursuant to sections 2522 and 2523 of the Code 
of Civil Procedure, and for such further or other order decree as may be just 
and proper.
Dated June 15, 1918

                Signed:     Chrissie B. Russell
                        Jennie E. George
                        Margaret Tweedie
                            Petitioner

Record of the Last Will and Testament
                              Of
    Alexander Tweedie, Deceased

Be it Remembered, that heretofore, to sit: on the 10th day of July in the 
year of our Lord one Thousand nine hundred and eighteen, Margaret Tweedie, 
Chrissie B. Russell and Jennie E. George, the Executors named in the Last 
Will and Testament of Alexander Tweedie, late of the Town on 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, and on such 
application the said Surrogate did ascertain by satisfactory evidence who 
were the heirs at law and next of kin of the said testator and A. Maurice 
Tweedie having filed an instrument in writing waiving the issue and service 
of any citation herein and consenting that said will be admitted to probate 
forthwith.

    And on the 10th day of July, A.D. 1918 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 
10th day of July A.D. 1918, and he thereupon adjudged the said Will to be a 
valid Will of Real and Personal Estate, and the proofs thereof to be 
sufficient, which said Last Will and Testament and proofs, are as follows, 
that is to day:

    I, Alexander Tweedie of the town of Walton N.Y do make this my last will 
and testament as follows.  It is my will that all my just debts and funeral 
expenses be paid by my executors hereinafter named and appointed as soon as 
it can be conveniently done after my death out of my estate.  I appoint and 
constitute my Beloved wife Margaret Tweedie together with Christina B. 
Russell and Jennie E. George my two daughters to be the Executors of my 
estate with the aid and advice of my attorney A. G. Patterson.  I bequeath to 
my Beloved wife Margaret Tweedie the sole use of my estate real and personal 
through her natural life or as much there as her maintenance and comfort 
requites and after her death I desire my executors to pay all her just debts 
and funeral expenses as soon as possible and that a suitable monument be 
placed at our graves and our names and the names of James C. Tweedie and 
Robert A. Tweedie together with Father and Mother be engraved thereon and the 
gravestones that is now their be taken away, providing I have not placed a 
monument their before my death if such is that case I direct my executors to 
finish up the engraving on the monument and charge it to the estate.  I 
bequeath to Christina B. Russell the farm and home were she now resides with 
her husband W.R. Russell in West Brook to be reckoned in dividing my estate 
and the difference be adjusted as the obligations of W.R. Russell appears in 
the settlement of the estate.

Also I bequeath and direct that my home in Walton where I now reside after 
the death of my beloved wife will be part of Jennie E. George share of my 
estate at the value of Thirty-two hundred dollars not including the household 
goods.  Having advanced to my son Arthur Maurice Tweedie his share in the 
estate and a settlement made with him dated May 20th 1909 and is attached to 
my will and is as follows: This is to certify that whatever disposal of 
property owned by my father Alexander Tweedie of Walton, NY will be 
satisfactory to me an not subject to contention.  Further that for value 
already received I assign all claims to any of said property excepting such 
as he may of his own free will bequeath bestow or advance to me A.M. Tweedie. 
I further bequeath to my son Arthur Maurice Tweedie my safe and calendar 
clock and if his obligations to me since our settlement May 20th 1909 be paid 
in full at the settlement of the sate, I bequeath to him further two hundred 
dollars.  I ask my executors to dispose of all my property that is not 
disposed of to the best advantage and an even divide made between my 
daughters Christina B. Russell and Jennie E. George, the balance of the 
household good of whatever (sic) or nature is left for the disposal by my 
Beloved wife at her death.

It is my request and desire that in the settlement of my estate the spirit of 
love will guide you in all your actions ever remembering that you are the 
children of God, Amen.

In witness whereof I the said Alexander Tweedie have hereunto set my hand 
this 28 day of December 1909.

A test in presence of said testator and of each other.
                    W. D. Burns
                    W. B. Thompson


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