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 Last Will and Testament of Daniel Fay Hunt

The following is the Last Will and Testament of Daniel Fay Hunt as found in the Orleans County Surrogate Court Records Volume 8 P 252-258. This transcription is based upon a photocopy purchased through SamPubCo in 2002 and includes all court records relating to the Will and Codicils.

 

 P 253

Last Will and Testament of Daniel F. Hunt, Deceased.

Be it Remembered, that heretofore, to wit; on the 19th day of February in the year of our Lord one thousand eight hundred and seventy two Aaron B. Hunt sole Executor named in the Last Will and Testament and Codicils of Daniel F. Hunt late of the Town of Ridgeway in the County Orleans deceased, appeared in open Court, before the Surrogate of the County of Orleans and made application to have the said Last Will and Testament and Codicils, which related to both Real and Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow, 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 widow heirs at law and next of kin of said deceased by their respective names stating their respective places of residence and duly requiring them to appear before said Surrogate at his office in the Village of Albion in said County, on the 27th day of May A.D. 1872 to attend the Probate of said Will and Codicils at which time and place said Executor and the widow and Aaron B. Hunt Daniel F. Hunt Jr. and John H. Mears for Hannah Mears duly appeared.

And afterwards, to-wit: on the 7th& 28th days of May A.D. 1872, satisfactory evidence by affidavit, was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of such Will & Codicils such proceedings were thereupon had in said Court afterwards, the that the said Surrogate took the proofs of said will and Codicils hereinafter set forth, upon this 28th day of May A.D. 1872, and he thereupon adjudged the said will & Codicils to be a valid Will & Codicils of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament & Codicils and proofs, are as follows, that is to say:

p. 254

I Daniel F. Hunt of the Town of Ridgeway County of Orleans and State of New York of the age of seventy six years being of sound mind and memory but infirm in body being desirous of making a just and equitable distribution of my property do make publish and declare this my last will and testament in manner of form following that is to say:

First I direct that all my just debts and funeral expenses be paid.

Second I give and bequeath to my son Daniel F. Hunt Jr One Thousand dollars.

Third I give and bequeath to my son Aaron B Hunt all the rest and residue of my personal property except the mortgage hereinafter mentioned.

Fourth I give and bequeath to my daughter Hannah Mears the mortgage I hold against the farm now owned by John Henry Mears or so much of said mortgage as may be unpaid at my decease.

Lastly I do hereby make constitute and appoint my son Aaron B. Hunt sole executor of this my last will and testament.

In as much as I have made advances of money and property to my other children Vis. Sally T Wells, Charlotte Robinson, Betsey Elison and Abagail Phillips in their lifetime therefore I do not give them or their heirs (they being dead) anything.

In Witness Whereof I have hereunto set my hand and seal the 21st day of March AD 1868

Daniel F. Hunt (L S)

The above instrument consisting of one Sheet was at the date thereof signed sealed published and declared by the said Daniel F. Hunt as and for his last Will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.

Andrew Lyon Residing at Medina NY
Geo S Johnson, Residing at Medina NY

 

P. 255

 

 

I Daniel F. Hunt the person who made and executed the foregoing Will do hereby make publish and cdeclare this to be a codicil to the said foregoing Will and Testament and shall be taken and considered as a part of said Will and Testament that is to say I give and bequeath to my daughter Hannah Mears in addition to the mortgage devised to her in the foregoing Will the sum of five Hundred Dollars.

I Also give and bequeath to my wife Clarissa A Hunt the right and privilege of living in my house and having her support from the proceeds of my property, so long as she lives or remains my widow provided she chooses to remain and occupy my house where we now live.

In Witness Whereof I have hereunto set my hand and seal the 8th day of June AD 1868,

Daniel F. Hunt (L S)

The above codicil was at the date thereof signed sealed published and declared by the said Daniel F. Hunt at the date thereof as a codicil to his last will and testament and we at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.

Andrew Lyon Residing at Medina NY
D.W. Cole Residing at Medina, Orleans Co

 

 

I Daniel F. Hunt the person who made the above will and codicil do hereby make publish and declare this as and for a codicil to my said will. Whereas since my last Will and Codicil above I have changed my personal property into real estate by purchasing the Tavern Stand at Ridgeway Corners, I therefore in order to carry out my previous provisions in my said last will and codicil aforesaid do hereby give and bequeath to my son Aaron B Hunt the tavern stand and lands as described in the deed from Susan M. Bennett and husband on the condition that my said son Aaron pay to my son Daniel F Hunt Junior the amount named in my last will viz One thousand dollars and to my daughter Hannah Mears the sum of Five Hundred dollars so that each shall have the amount named in my last Will and Codicil and no more . Signed the 17th day of Sept 1868.
Daniel F. Hunt

The above codicil was at the date thereof signed sealed published and declared by the said Daniel F. Hunt in our presence as his last will and testament.
D W Cole Residing at Medina Orleans County NY
Jane M. Cole Residing at Medina Orleans County NY

 

P 256

Surrogate Court Orleans County
In the Matter of Proving the Last Will and Testament of Daniel F. Hunt Deceased

Orleans County SS Geog S. Johnson of Medina being first duly worn in open Court, upon his several corporal oath for himself doth depose and say that he and Andrew J. Lyon are each a subscribing witness to the last will and testament of Daniel F. Hunt late of the town of Ridgeway in the County of Orleans and State of New York deceased and this deponent does further say that the said Daniel F. Hunt deceased did, in presence of this deponent and Andrew J. Lyon subscribe his name at the end of said instrument in writing which is now here shown to this deponent, and which purports to be the last Will and Testament of the said deceased, and which bears date on the 21st day of March one thousand eight hundred and sixty eight.

That the said deceased did at the time of subscribing his name to the said instrument as aforesaid declare the same to his last Will and Testament and this deponent and said Lyon did therefore subscribe their own respective names ant the end of said instrument as attending witnesses to the execution thereof each of the request of the said deceased and in his presence and in the presence of each other; That the said deceased at the time of so subscribing his name to said instrument as aforesaid and publishing said instrument as aforesaid was upwards of twenty one years of age and a citizen of the United States; that he appeared to be and deponent believes he was of sound mind, memory and understanding and not under any restraint and as deponent verily believes in all respects competent to devise real estate that each this deponent and said Lyon saw the other sign his name to the said instrument in the presence of said deceased that said Lyon is not now in this State but is now in the west somewhere but in what particular place is to deponent unknown.

G.S. Johnson ( L S )

P 257

Subscribed and sworn to before me this 28 day of May 1872 Jno G Sawyer (L S) Surrogate

In the Matter of Proving A Codicil to the Last Will and Testament of Daniel F Hunt, Deceased

Orleans County SS
DW Cole of Medina N.Y. being first duly sworn , in open Court, upon his several corporal oaths for himself doth depose and say that he is a subscribing witness to the Codicil to the last will and testament of Daniel F. Hunt late of the town of Ridgeway in the County of Orleans and State of New York deceased and this deponent does further say that the said Daniel F. Hunt deceased did, in presence of each of these deponents and Andrew J. Lyon subscribe his name at the end of said instrument in writing which is now here shown to this deponent, and which purports to be a Codicil to the last Will and Testament of the said deceased, and which bears date on the Eight day of June one thousand eight hundred and sixty eight.

That the said deceased did at the time of subscribing his name to the said instrument as aforesaid declare the same to be a codicil to his last Will and Testament and these deponent and said Lyon did therefore subscribe their own respective names at the end of said instrument as attending witnesses to the execution thereof each of the request of the said deceased and in his presence and in the presence of each other; That the said deceased at the time of so subscribing his name to said instrument as aforesaid and publishing said instrument as aforesaid was upwards of twenty one years of age and a citizen of the United States; the he appeared to be and deponent believes he was of sound mind, memory and understanding and not under any restraint and as deponent verily believes in all respects competent to devise real estate that each this deponent and said Lyon saw the other sign his name to the said instrument in the presence of said deceased that said Lyon is not now in this State as he understands and has been absent from this State about six weeks and is now in the State of Nebraska as deponent is informed and believes that he left this State as deponent is informed and believes to avoid his creditors. D.W. Cole (L S)

Subscribed and Sworn before me this 27 day of May 1872 Jno G Sawyer, Surrogate

P 258

In the Matter of Proving A Codicil to the Last Will and Testament of Daniel F. Hunt, Deceased

Orleans County SS

DW Cole and Jane M of Medina N.Y. being first duly sworn , in open Court, upon his several corporal oaths for himself and herself doth depose and say that he and she is a subscribing witness to the Codicil to the last will and testament of Daniel F. Hunt late of the town of Ridgeway in the County of Orleans and State of New York deceased and this deponent does further say that the said Daniel F. Hunt deceased did, in presence of each of these deponents subscribe his name at the end of said instrument in writing which is now here shown to this deponent, and which purports to be a Codicil to the last Will and Testament of the said deceased, and which bears date on the Seventeenth Day of Sept one thousand eight hundred and sixty eight.

That the said deceased did at the time of subscribing his name to the said instrument as aforesaid declare the same to be a codicil to his last Will and Testament and these deponents did therefore subscribe their own respective names at the end of said instrument as attending witnesses to the execution thereof each of the request of the said deceased and in his presence and in the presence of each other; That the said deceased at the time of so subscribing his name to said instrument as aforesaid and publishing said instrument as aforesaid was upwards of twenty one years of age and a citizen of the United States; the he appeared to be and deponent believes he was of sound mind, memory and understanding and not under any restraint and as deponent verily believes in all respects competent to devise real estate that each this deponents and saw the other sign his name to the said instrument in the presence of said deceased

D.W. Cole (L S)
Jane M. Cole (L S)

Subscribed and Sworn before me this 27 day of May 1872 Jno G Sawyer, Surrogate

 

Orleans County, ss

It appearing upon the proofs duly taken in respect to the Last Will and Testament and Codicils of Daniel F. Hunt late of the Town of Ridgeway in the County of Orleans and State of New York, deceased, that the said Will was duly executed and that the said Daniel F. Hunt at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and Codicils and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the Revised Statues, this Twenty Eighth day of May A. D. 1872.

John G Sawyer, Surrogate.

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