Will of Peter J. Graff

Donated by Elizabeth Perkins

Mohawk  10-574
(pg. 574)

Be it remembered that heretofore towit on the 19th day of February 1861, ELIZA AVERY an executor named in the last will and testament of PETER J. GRAFF, late of the town of Mohawk in the County of Montgomery deceased, appeared in open court before the county Judge of said county as Surrogate and made application to have the said last will and testament which relates to the real and personal estate proved on such application the said county Judge did ascertain who were the heirs at law and next of kin of the said testator and their respective residences and said county Judge did thereupon issue a citation in due form of law directed latter said heirs next of kin by their respective names stating their respective places of residence requring them to appear before the said county Judge at the Court House in the village of Fonda on the first day of April 1861 to attend the probate of such will such proceedings were had thereupon had afterwards that the said county Judge took the proofs of said will herein after set forth upon the said first day of April 1861 and he adjudged the said will to be a valid will of both real and personal estate and the property thereof later sufficient which said last will and testament and proofs are as follows that is to say:


WILL of PETER J. GRAFF

Know all men by these present that I PETER J. GRAFF of the town of Mohawk in the county of Montgomery and State of New York and considering the uncertainty of this life and being of sound mind and memory do make declare and publish this my last will and tesatment.

First - I give and devise to my sister NANCY all my real estate of which I shall die seized and ____

to which I shall be entitled at the time of my decease to have and to hold the same to her for and during her natural life.

Second - I devise and bequeath to HELLENA GRAFF daughter of my brother ABRAHAM H. GRAFF the sum of three hundred dollars to have and to hold the same to her and her heirs executors administrators and assigns forever.

Third - I give and bequeath to my sister ELIZA wife of THADDEUS AVERY the sum of two hundred dollars to have and to hold the same to her and to her heirs and assigns forever.

Fourth - I give and bequeath to my sister NANCY all the rest and residue of my personal property of which I die seized and be ___ or to which I shall be entitled to at the time of my decease to have and to hold same to her and her heirs executor administrators and assigns forever.

Fifth - I do nominate and appoint my sisters NANCY and ELIZA to be my executors of this my last will and testament.


(pg. 575)

In testimony whereof I have to this my last will and testament contained a half sheet of paper subscribed my name and affixed my seal this 26th day of October in the year of our Lord one thousand and eight hundred and sixty.

        PETER J. GRAFF

Signed sealed and declared and published by the said PETER J. GRAFF as and for his last will and testament in presenceof us who at his request and in his presence and in presence of each other have subscribed our names as witness therto
        JOHN EVERSON residing at Mohark in Montgomery County - 
        JERAMIAH LASHER residing at Mohawk in Montgomery County.


Surrogates Court county of Montgomery

In the matter of proving the last will of PETER J. GRAFF deceased. 

JOHN EVERSON of the town of Mohawk in the county of Montgomery having first duly sworn before R. Hurshney county Judge of the county of Montgomery as surrogate doth depose and say

that he was well acquainted with the above named PETER J. GRAFF that he was present as a witness and did see him subscribe his name at the end of the instrument now produced and shown to this deponent bearing date the 26th day of October A.D. eighten hundred and sixty purposed to be the last will and testament of said PETER J. GRAFF. That the said deceased at the time of making said subscription declared the said instrument to be his last will and testament. Thereupon

this deponent signed his name as a witness at the end of said instrument. This deponent further says that said PETER J. GRAFF at the time he executed said instrument was a citizen of the United States of full age of sound mind and memory and not under restraint and that his deponent signed as witness to the execution thereof in the presence of and at the request of said testator.
         JOHN EVERSON

Subscribed and sworn to before me the first day of April 1861.
        R. Hurshney, Montgomery Co. Judge


Surrogate Court County of Montgomery; 

In the matter of proving the last will of PETER J. GRAFF, deceased.

JERAMIAH LASHER of the town of Mohawk in the county of Montgomery being first duly sworn before R. HURSHNEY County Judge of the county of Montgomery as Surrogate doth

depose and say that he was well acquainted with the above named PETER J. GRAFF that he was present as a witness and did see him subscribe his name to the end of the instrument now produced and shown to this deponent bearing the date of 26th of October A.D. eighteen hundred and sixty purporting to be the last will and testament of said PETER J. GRAFF - that the said deceased at the time of making said subscription declared the said instrument to be his last will and testament requested this deponent to sign his name as a witness thereto whereupon this deponent signed his name as a witness at the end of said instrument. This deponent further says that said PETER J. GRAFF at the time he executed said witness ____ was a citizen of the United States of full age  of sound mind and memory and not under restraint and that this deponent saw JOHN EVERSON the other witness to said will subscribe his name thereto (pg. 576) as witness to the execution thererof in the presence of and at the request of said testator.

Subsrcibed and sworn to before me the first day of April 1861.
       R. HUSNEY, Montgomery Co. Judge


Source:
Copyright © 2001 Elizabeth Perkins.

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Created: 2/7/01
Text Copyright ©2001 Elizabeth Perkins
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