Will of CHARLES M. HOYT,

of the town of Batavia, County of Genesee, New York

Sampubco will, Charles M. Hoyt, Stafford, Genesee, NY-19-20-491

Submitted by Ellis Howard, (howard.ellis1@gmail.com)  and  Jackie Mahoney, [jackiem722@verizon.net]

 

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In a Surrogate Court, held in and for the County of Genesee, at the Surrogate’s Office in the Town of Batavia, in said county, on the 3rd day of July, in the year of our Lord one thousand eight hundred and eighty nine, Enos J. Gardner, Executor, named in the Last Will and Testament of Charles M. Hoyt, late of the  town of Stafford, in the county of Genesee, deceased, appeared in open court before the Surrogate of said county, and such application the Surrogate did ascertain, by satisfactory evidence, who were the heirs and next of kin of the said Testator and their respective residences.  /s/ Hon. G. ____North____

 

The last will and testament of Charles M. Hoyt of the Town of Batavia, County of Genesee in the State of New York.

 

I, Charles M. Hoyt aware of the uncertainty of life, do make, ordain, publish and declare this my last will and testament in manner and form following, that is to say:

 

After the payment of my funeral charges, the expense of administering my estate and my lawful debts, I give, devise and bequeath my property as follows.

 

First, I give and bequeath to my daughter Sarah M. Jackson the sum of One Thousand dollars, to be paid out and used in the discretion of my executor for her benefit.

 

Second, I give and bequeath to my grandson, Elmore Jackson, the sum of four hundred dollars.

 

Third, I give and bequeath to my granddaughter Cora  E. Gardner, the sum of four hundred dollars.

 

Fourth, I give and bequeath to my granddaughter Olive E. Gardner, four hundred dollars.

 

Fifth, I give and bequeath to my great granddaughter Sarah (Vallett?), four hundred dollars.

 

Sixth, I give and bequeath to my great grandson Fred (Vallett?), the sum of four hundred dollars.

 

Seventh, I give and bequeath all the balance of my property to Olive E. Gardner.  Providing I am as well used by her in the future, as I have been in the past.

 

Likewise, I make, constitute and appoint Joseph (Vallett) of the Town of Stafford, Genesee County, New York to be executor of this my last will and testament hereby revoking all former wills by me made.

 

In witness whereof, I have hereunto subscribed my name and affixed my seal the 26th day of November in the year of our Lord one thousand eight hundred and eighty three. 

C. M. Hoyt, LS

 

The above written instrument was subscribed by the said Charles M. Hoyt in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last will and testament and we, at his request, have signed our names as witnesses hereto, in his presence, and in the presence of each other and written opposite our names our respective places of residence. Myron H. Peck, Jr., Batavia, New York and H. W. Warren, Batavia, New York

 

I, Charles M. Hoyt for a codicil to my last will and testament, which bears date of November 26th 1883 is amended hereto hereby appoint as executor of said will, Enos J. Gardner of the town of Stafford, NY in place of the executor named in said will who is now dead.  Witness my hand and seal December 12th 1888.  C. M. Hoyt, LS

 

I, Charles M. Hoyt of Stafford, NY, for a codicil to my last will and testament which bears date November 26th 1883 and is annexed hereto make and declare the following changes and additions to my said will.

 

First, I direct that the following words shall be deemed as added to the clause of my will numbered “First.”  After the words “for her benefit” add in case she shall survive me.  But in case said Sarah M. Jackson shall not survive me then said sum of one thousand dollars shall go to my daughter  Mrs. Olive Gardner, wife of Enos J.Gardner.

 

Second, I direct that the sum of four hundred dollars bequeathed in the fifth clause of my will to Sarah Vallett and the like sum bequeathed in the sixth clause to Fred Vallett shall be held in trust by my executor and invested for the use and benefit of my daughter Sarah M. Jackson during her lifetime and paid over to said Sarah Vallett and Fred Vallett only after the death of said Sarah M. Jackson.  Should said Sarah M. Jackson die before either of said children Sarah or Fred become of age, the same shall be held in trust and invested for said Sarah and Fred until they shall respectively become of age when it shall be paid over to them.

 

Third, as to the bequeaths contained in the third and fourth clause of said will to my grandchildren Olive E. Gardner and Cora E. Gardner, I direct that the amount thereof shall be held by my executor in trust until they shall respectively become of age and then be paid to them.

 

Ordered my hand and seal this 26th day of November 1888.  C. M. Hoyt, LS

 

The foregoing instrument was at the date thereof subscribed by Charles M. Hoyt, the testator in our presence and in the presence of each of us.  He at the same time declared the said instrument so subscribed to be a codicil to his annexed Last Will and Testament.  Whereupon we at his request  _______________ and in the presence of each other have signed  our names as witnesses unto.  Grace E. (Vrooman?), Brockport, NY and  (Clarysa?) Gardner, Batavia, NY

 

Genesee County, Surrogate Court, in the matter of proving the last Will and Testament of Charles M. Hoyt, deceased.  Myron H. Peck, Jr. of the Town of Batavia in said County being first duly sworn and examined before the Surrogate of said County in open court does depose and say that he was well acquainted with Charles M. Hoyt, late of the town of Stafford in said County deceased.  That he is a subscribing witness to the instrument purporting to be the last Will and Testament of the said decedent now shown and exhibited to him.

 

And this deponent further says that the said decedent did in his presence subscribe his name at the end of the instrument which is now shown and exhibited to him and offered for probate and which purports to be the last Will and Testament of the said decedent and which bears date the 26th day of November in the year of our Lord one thousand eight-hundred and eighty three.  That the said decedent at the time of subscribing his name to the said instrument as aforesaid did declare the said instrument so subscribed to be his last Will and Testament and this deponent and H. M. Warren did thereupon severally  subscribed their own names at the end of said instrument as attesting witnesses to the execution thereof at  the request and in the presence of the said decedent and in the presence of each other.  That the said decedent at the time of subscribing his name to the said instrument as aforesaid, was upwards of twenty one years of age.  That he appeared to be of sound mind and memory and in all respects competent to bequeath  personal estate and that he was not under any restraint to the knowledge or belief of this deponent and that said last Will and Testament was  so executed and published on or about the 26th day of November in the year of our Lord one thousand eight hundred and eighty three.  /s/ Myron H. Peck, Jr.

 Subscribed, sworn and examined this (2nd?) day of July A.D. 1889

 

William C. Watson of the town of Batavia in said County being first duly sworn and examined by the surrogate of said County in open Court does depose and say that he was well acquainted with Charles M. Hoyt late of the town of Stafford in said County deceased and is personally acquainted with the handwriting and signature of Charles M. Hoyt.

 

Deponent further says that the signature at the end of the written instrument in the foregoing deposition mentioned and  described and now exhibited to him is the genuine signature and handwriting of Charles M. Hoyt.  /s/ William C. Watson. 

Sworn and subscribed  this 5th day of July A.D. 1889

 

William C. Watson of the town of Batavia in said County first duly sworn and examined by the surrogate of said County in open Court does depose and say that he was well acquainted with H. M. Warren, late of the town of Batavia in said County now deceased and that he was well acquainted with the handwriting and signature of said H. M. Warren.  Deponent further says that the signature at the end of attest clause of the instrument in the ___deposition mentioned and described and now exhibited to him is the signature and handwriting of said H. M. Warren.  /s/ William C. Watson

Sworn and subscribed this 5th day of July A.D. 1889