LAST WILL AND TESTAMENT OF W. IRVING SOULE
At a Surrogates Court, held in and for the County of Onondaga
at the Surrogates office, in the city of Syracuse , on the 19th
day of December, in the year of our Lord one thousand eight
hundred and sixty-two.
Present, Samuel D. Luce, Surrogate.
In the matter of proving the
last will and testament
of
W. IRVING SOULE deceased.
Onondaga County js. Be it remembered that heretofore uon the petition
of OSCAR T. [or F.] SOULE, one of the executors named in the last will
and testament of W. IRVING SOULE, late of the city of Syracuse in said
county, deceased, for that purpose to the Surrogate of said county, a citation
was duly issued in this matter, which citation with the proofs of service
thereof was hereafter duly returned to said Surrogate, and which said petition
and citation, with the proofs of service thereof, are now on file in the
office of said Surrogate. And thereupon the last will and testament
of the aid W. IRVING SOULE, deceased, with the proofs thereof were produced
and are as follows, to wit:
I, W. IRVING SOULE of the city of Syracuse in the State of New York, hereby
make, publish and declare this my Last Will & Testament as follows:
First - I request that my just debts be paid as soon as practicable.
Second, I give devise and bequeath to my dear friend, CALLIE MATHEWS, of
the City of Syracuse, the sum of one Thousand Dollars; to be paid to her
any time my Executors see fit, within three years from my decease.
Third, If any surplus shall remain after paying or providing for the payment
of the foregoing Legacy, I give devise and bequeathe to my Brother ADELBERT
N. SOULE one Thousand Dollars; To my niece LUTIE WRIGHT one Thousand
Dollars; To my Niece LIZZIE SOULE Five Hundred Dollars; to my nephew FRANKIE
SOULE, Five Hundred Dollars. Should such surplus not be sufficient
to pay the last four Legacies in full, then a prportionate deduction shall
be made from each. Fourth, If any surplus shall remain after paying
all the foregoing Legacies in full, then I give, devise and bequeathe to
WILLIAM L. J. WRIGHT son of my Friend DR. ELSON L. WRIGHT of Syracuse one
Thousand Dollars. Fifth, All the rest and residue of my property,
both real and personal, I give devise and bequeathe as follows; one third
part thereof to each of the following Legators, above named, viz: ADELBERT
N. SOULE, LUTIE WRIGHT, and one sixth thereof to the above named LIZZIE
SOULE, and the remaining one sixth to the above named FRANKIE SOULE.
I authorize and empower my executors hereinafter named, to sell and convey
all Real Estate belonging to me, and all my interest in Real Estate, in
their discretion, and on such terms as they shall see fit, I hereby nominate
and appoint said ELSAU L. WRIGHT & OSCAR T. [or F.] SOULE, Sole Exectuors
of this my last will and Testament, and hereby revoke all former wills
by me made.
In witness whereof I have hereunto set my hand and seal this 7th day
of
SeptemberA.D.1862.
W. IRVING SOULE, L. S.
The foregoing Instrument was at the date thereof signed, sealed published
& declared by W. IRVING SOULE, the Testator, as & for his Last
Will & Testament in presence of us, who at his request & in his
presence, and in the presence of each other have hereto subscribed our
names as witnesses.
J. A. REYNOLDS, Elmira, N. Y.
T. B. Sepious, Syracuse, N.Y.
Surrogate Court- County of Onondaga
In the matter of proving the
Last Will and Testament
of
W. IRVING SOULE, deceased.
Onondaga County, js. JOHN A. REYNOLDS, of the town examined, doth
depose and say, that he, this deponent, was well acquainted with W. IRVING
SOULE, late of the city of Syracuse in the county of Onondaga, deceased.
That this deponent was present as a witness, and did see the said W. IRVING
SOULE subscribe at the end thereof, the instrument now produced and shown
to this deponent, purporting to be the last will and testament of the said
deceased, bearing date the 7th day of September, in the year of our Lord
one thousand eight hundred and sixty two. That the said testator,
at the same time, declared the instrument so subscribed by him, to be his
last will and testament. That thereupon this deponent and THOMAS
B. SEPIOUS subscribed their names at the end thereof, as witnesses thereto,
at the request of the testator in his presence; and that the said testator,
at the time of executing and publishing the said last will and testament,
was of full age, of sound mind and memory, not under restraint, and was
in all respects competent to make a last will and testament.
Subscribed and sworn this 19th day of December,
J. A. REYNOLDS
1862, before me, S. D. LUCE, Surrogate
Surrogates Court, County of Onondaga
In the matter of proving the
last will and testament
of
W. IRVING SOULE, deceased.
Onondaga County, js. THOMAS B. SEPIOUS, of the city of Syracuse in
the county of Onondaga, being duly sworn and examined, doth depose and
say, that he, this deponent, was well acquainted with W. IRVING SOULE,
late of the city of Syracuse in the county of Onondaga, deceased.
That this deonent was present as a witness and did see the said W. IRVING
SOULE subscribe at the end thereof the instrument now produced and shown
to this deponent, purporting to be the last will and testament of the said
deceased, bearing date the 7th day of September, in the year of our Lord
one thousand eight hundred and sixty two. That the said testator
at the same time, declared the instrument so subscribed by him to be his
last will and testament. That thereupon this deonent and JOHN A.
REYNOLDS subscribed their names at the end thereof, as witnesses thereto,
at the request of the testator in his presence; and that the said testator,
at the time of executing and publishing the said last will and testament,
was of full age, of sound mind and memory, not under restraint, and was
in all respects competent to make a last will and testament.
J.B. SEPIOUS.
Subscribed and sworn this 19th day of December, 1862, before me, S.D.
LUCE, Surrogate.
Onondaga County
Surrogates Office.
js, Recorded the preceding last will and testament of W. IRVING SOULE,
deceased, as a will of real and personal estate, together with the proofs
thereof taken and had in the court of the Surrogate of the county of Onondaga,
which record is hereby signed and certified by me, pursuant to the provisions
of the Revised Statutes, this 19th day of December, A.D. 1862;
S.D. LUCE, Surrogate.
The above was taken from the records at SAMPUBCO, will # L-532.
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to Onondaga County NY Gen-Web page.
28 August 1998
