The Oliver Perry Livingston Will
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Submitted by Margaret James
Photo of a winter sunset taken
by Joyce M. Tice
Will of Oliver Perry LIVINGSTON
Chemung Co, New York, Will Book 18, pages 109-110
Date of Will - 2 February 1887
At a Surrogate's Court, held in and for the county of Chemung, in the State of New York, at the office of the Surrogate in the City of Elmira, on the 27th day of February, 1905
In the Matter of Proving the Last Will and Testament of Oliver P. LIVINGSTON, Deceased
Be it Remembered, That heretofore, to-wit; On the 11th day of January in the year of our Lord, 1905, before the Surrogate of the County of Chemung, came Lucinda SMITH, a legatee, named in the Last Will and Testament of Oliver P. LIVINGSTON, late of the Town of Catlin in said County of Chemung, deceased, and by petition in due form, made application to have the said Last Will and Testament of said Oliver P. LIVINGSTON, which relates to both real and personal property, admitted to Probate, and on such application being made, the said Surrogate duly ascertained who were the heirs at law and next of kin of the said Testator and entitled to notice of the time and place of proving said Last Will and Testament and found their names, relationship and respective places of residence to be as follows, to-wit:
Horace SMITH, nephew, Burdette, NY
Jaber SMITH, nephew, Burdette, NY
E.C. LIVINGSTON, nephew, Rock Creek, O.
Emily WILLIAMS, niece, Rock Creek, O.
O.P. KELLOGG, nephew, Rock Creek, O.
H.H. KELLOGG, nephew, Rock Creek, O.
Ely C. MORRIS, gr.nephew, Echo, Oregon
Lurane BERTRAM, niece, Rock Creek, O.
Celestia MEADE, niece, Montana, Mo.
Mrs. A.H. BURNS, gr.niece, Penn Yan, NY
Mrs. W.T. SMITH, niece, Battle Creek, Mich.
Charles KELLOGG, nephew, Andover, O.
Mrs. J.I. GILLMER, niece, Warren, O.
Smith LYONS, nephew, Flushing, Mich.
Chas. LYONS, nephew, Flushing, Mich.
Roana ROSENKRANCE, sister, Millport, NY
Betsey ATWOOD, sister, Troupsburg, NY
Mrs. S. GOLDSMITH, gr.niece, Abilene, Kan.
W.H. MORRIS, gr.nephew, Greeley, Col.
All of whom were of full age.
And thereupon said Surrogate issued a Citation in due form of law, directed to said heirs at law and next of kin, requiring them and each of them to be and appear in said Surrogate's Court, in the Court House,
in the City of Elmira, in the County of Chemung, on the 27th day February 1905, to attend the probate of said Last Will and Testament. That afterwards and on or before the return day of said Citation, due proof was made and produced to said Surrogate of the due service of said Citation, in the manner prescribed by law.
That on the 27th day of February, A.D., 1905, no one appearing to oppose the Probate of said Last Will and Testament, said Surrogate proceeded in open Court to take the proofs, of the due execution of said Will, and after taking such proofs, did thereupon adjudge the said Will to be the last Will and Testament of said Oliver P. LIVINGSTON, deceased, and as such a Will, valid to pass real and personal property, which said Last Will and Testament and proofs are as follows, to-wit:
I, Oliver P. LIVINGSTON of the town of Catlin County of Chemung and State of New York being of sound mind and memory, do make, ordain, publish and declare this to be my last Will and Testament, that is to say:
First After all my lawful debts are paid and discharged, I give, devise and bequeath my real estate consisting of a farm on which I now reside of about sixty acres of land situated in the town of Catlin Chemung County N.Y. I direct and devise that it shall be a home, and support for my sister Louisa Livingston PERRY during her natural life -
2nd And at her death said farm to be sold, and the proceeds disposed of, as follows. Lucinda SMITH to receive two hundred dollars - also two hundred to be placed at interest and the interest paid yearly
towards the support of the M.E. Church at Millport
3d The balance of proceeds of farm I give and bequeath to the Missionary Society of the ME Church - when the same is received from the sale of the place
4th I, further direct and devise that my sister Lucinda and her husband shall if they so elect, remain on said farm and manage the same, using it for and as, their home also, during the life of Louisa and care
Likewise, I make, constitute and appoint Wm. H. PARSONS of Millport N.Y. to be executor of this my last Will and Testament, hereby revoking all former Wills be me made.
In Witness Whereof, I have hereunto subscribed my name and affixed my seal, the 2nd day of February in the year of our Lord one thousand eight hundred and eighty seven.
O. P. LIVINGSTON (L.S.)
The above instrument, consisting of one sheet, was at the date thereof subscribed by Oliver P. LIVINGSTON in the presence of us and each of us: he at the time of making such subscription, acknowledged that he made the same, and declared the said instrument so subscribed by him to be
his last Will and Testament. Whereupon we then and there, at his request, and in his presence and the presence of each other, subscribed our names as witnesses thereto.
Aaron K MILES residing at Catlin N.Y.
Mary C MILES residing at Catlin N.Y.
In the Matter of Proving the Last Will and Testament of O.P. LIVINGSTON, deceased
(For Proofs see Package.) [sic]
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Oliver P. LIVINGSTON, late of the Town of Catlin, in the County of Chemung and State of New York, deceased, that the said will was duly executed, and that the said testator at the time he executed the same, was in all respects competent to devise real estate, and not under any restraint, the said Last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to law, this 27th day of February, A.D. 1905
signed George William, Surrogate.