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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
Wm  Tweedie, Deceased
Petition
Filed April 3, 1906
E.A. Clauson, Clerk to Surrogate's Court

To the Surrogate's Court of the County of Delaware

    The Petition of John H, Tweedie and Wm. J. Tweedie, of the town of 
Walton, in the County of Delaware and State of New York, respectfully shows: 
That William Tweedie late of the town of Hamden, in the County of Delaware, 
died on the 15 day of November 1899, at Hamden, in the County of Delaware, 
State of New York, leaving a last Will and Testament, dated the 10th day of 
August, 1899, which is signed at the end thereof by the said testator and by 
Frank J. Doig and Walter Miller 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 Hamden, County of Delaware 
and State of New York.
    That your petitioners and 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 fifteen hundred 
dollars, and the value of the real property does not exceed the sum of five 
thousand dollars as your petitioners are informed and believe.
    That the said decedent let his surviving a widow who resides at Walton, 
in the State of New York.   That as your petitioners are informed and 
believe, the following named persons are the only heirs at-law and next of 
kin of said decedent:
    Alex B. Tweedie a son residing at Walton, NY
    Maggie C. Miller a daughter residing at Hamden, NY
    Mary Doig a daughter residing at Walton, NY
    John H. Tweedie a son residing at Walton, NY
    Wm. J. Tweedie a son residing at Hamden, NY
    Geo B. Tweedie a son residing at Santa Ana, Cal
    Robert A. Tweedie a son residing at Hamden, NY
    May D. Tweedie a widow residing at Hamden, NY

    That the Executor or Executors, and Trustee or Trustees named or 
described in said Will are as follows:
    John H. Tweedie residing at Walton, NY
    Wm. J. Tweedie residing at Hamden, NY
    May D. Tweedie residing at Hamden, NY

    That as 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 pervious 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 
of belief of your petitioner.

Where fore your petitioner 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 therefor, 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 or decree as may be 
just and proper.

    Dated Jan 30, 1906      Signed: Wm. J. Tweedie
                        J H Tweedie
                            Petitioner


County of Delaware, ss.

John H. Tweedie and Wm. J. Tweedie being duly sworn say they are the 
petitioner named in and, who subscribed the foregoing petition, that they had 
hard 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 believe, and as to those matters they believe it to be true.
Subscribed and sworn to before me       Signed: Wm. J. Tweedie
This 30 day of Jan 1906                   J H Tweedie
    Arthur E. Patterson
    Notary Public


County of Delaware, ss.

    I, John H. Tweedie, executor named in the last will of William Tweedie 
late of the town of Hamden, 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:  J. H. Tweedie
This 30 day of Jan 1906
    Arthur E. Patterson     
    Notary Public

County of Delaware, ss.

    I, Wm. J. Tweedie, executor named in the last will of William Tweedie 
late of the town of Hamden, Delaware County, deceased, do solemnly sweat that 
I am a resident of Hamden 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:  Wm. J. Tweedie
This 30 day of Jan 1906
    Arthur E. Patterson     
    Notary Public



    At a Surrogate's Court, held at the Surrogate's office in Walton, in and 
for the County of Delaware on the 3rd day of April 1906.

                        Present, Hon John P. Grant, Surrogate

In the Matter of Proving the Last Will and Testament
                                          Of
William Tweedie, Deceased

Satisfactory proof having been made of the waiver of the due service of the 
Citation in this matter, requiring the proper persons to appear in this 
Court, and attend the probate of the Last Will and Testament of William 
Tweedie late of the Town of Hamden County of Delaware, deceased, bearing date 
the 10th day of August 1899; and the Executors named in the Will have 
appeared in person and by A. G. Patterson, their attorney, in support of the 
probate of the same and (blank) no other parties or persons having appeared, 
and the several witnesses having been examined before the Surrogate, and the 
proofs reduced to writing, and the said Surrogate having inquired 
particularly into all the facts and circumstances, and it appearing that the 
Will was fully executed, that the testator at the time of executing it was in 
all respects competent to make a Will and not under restraint; and the said 
Surrogate being satisfied of the genuineness of the Will and the validity of 
its execution, the probate not being contested.
    It is Ordered, Adjudged and Decreed, that the said instrument is the Last 
Will and Testament of the said William Tweedie, deceased; that the same be 
and hereby is admitted to probate as a Will valid to pass real and personal 
property, and that Letters Testamentary issue to John H. Tweedie, William J. 
Tweedie, and May D. Tweedie, the Executors named therein upon their taking 
the oath prescribed by law.

                    Signed: John P. Grant, Surrogate

Surrogate's Office,
Delaware County

    The Last Will and Testament of William Tweedie deceased, having been 
admitted to probate as a Will valid to pass real and personal property, I 
have recorded the same with the decree admitted it to probate, and the proof 
taken thereupon, as required by law.

                    Signed: E.A. Clauson,
                            Clerk of Surrogate's Court


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