Will of Louisa Shirley, Waterloo, NY
Posted by Nancy Tweedie, firstname.lastname@example.org
KNOW ALL MEN BY THESE PRESENTS. That I, LOUISA SHIRLEY, of Waterloo, Seneca County in the State of New York, being of sound mind and memory, do make, declare and publish this my last will and testament. 1st I direct my Executor hereinafter named to dispose of such securities as I may have at the time of my death, and pay all my just debts and funeral expenses. 2d. I give and bequeath unto my mother, EFFA SHIRLEY, the use and income of all my property, real and personal, which I may have at the time of my death, and which I may be entitled to for and furing her natural life time and no longer. 3d. After the death of my mother, EFFA SHIRLEY, all of the rest, residue and remainder of my estate real and personal, to be equally divided, share and share alike. (IT DOESN'T SAY WHO WILL SHARE?) 4th. I do nominate and appoint JOHN H. PETERS, Fayette to be the Executor of this my last Will and Testiment. In Witness Whereof, I have hereunto set my hand and seal, and publish and declare this to be my last Will and Testiment, the presence of the witnesses named below, this the Third day of April, 1878. LOUISA SHIRLEY (L.S.)
Signed, sealed, declared and published, by the said LOUISA SHIRLEY, as
and for her last Will and Testament, in presence of us, who at her
request, and in her presence and in the presence of each other, we
subscribed our names as witnesses hereto.
Witness. JOHN H. PETERS, Fayette. HENRY C. SWEET, Fayette, State of New York, Seneca County. ss:
Be it remembered, that on the day of the date hereof, the last will and testament of LOUISA SHIRLEY, late of the town of Fayette in said County, deceased, (being the foregoing written instrument) was duly proved before GEORGE FRANKLIN, Surrogate of said County, according to law, as and for the last will and testament of the real and personal estate of the said deceased, which said last will and testament and the proofs and examinations taken thereon are duly recorded in the Surrogate's Office of said County of Seneca. In Testimony Whereof, the Surrogate of said County, hath hereunto set his hand and affixed his seal of office, the 18th day of February, eighteen hundred and eighty. (Seal) GEORGE FRANKLIN, Surrogate.
RECORDED NOVEMBER 27, 1899, at 1 o'clock, P.M.
And, it appearing to the satisfaction of said Surrogate that NANCY A.
SHIRLEY is the widow and CHARLES E. SHIRLEY AND WILLIAM F. SHIRLEY are
sons and only heirs at law and next of kin, of said ANDREW J. SHIRLEY,
deceased, and that there are no other persons in any way entitled to
share as heirs at law or next of kin in the estate of said deceased.
And said, NANCY A. SHIRLEY, CHARLES E. SHIRLEY AND WILLIAM F. SHIRLEY
having appeared in person before the surrogate of his office in the
village of Waterloo on the day hereinafter named to attend the probate
of said Will, no citation having been issued.
And afterwards, on the 13th day of February A.D. 1884, no one appearing
to oppose the Probate of such Will such proceedings were thereupon had
in said Court afterwards that said Surrogate took the proofs of said
Will hereinafter set forth upon this 13th day of February, 1884 and he
thereupon adjuded the said Will to be a valid Will of Real and Personal
I, ANDREW J. SHIRLEY, of the village of Waterloo, Seneca County, New
York, do make, publish and declare this my last Will and Testament in
manner following, that is to say: First: After the payment of my just
debts and funeral expenses, I give, bequeath and devise all my estate
both real and personal to my wife, NANCY A. SHIRLEY to be used & enjoyed
by her during the term of her natural life or so long as she may remain
my widow. And from and immediately after her decease or remarriage, I
give, devise and bequeath the said property to my two sons, CHARLES E.
SHIRLEY AND WILLIAM F. SHIRLEY, share and share alike, absolutely and in
Second: I hereby appoint my said sons executors of this my last Will & Testament hereby revoking all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name this 29th day of December, 1883.
ANDREW J. SHIRLEY
The foregoing insturment consisting of one half sheet of paper was at
the date thereof signed, published & declared by the said ANDREW J.
SHIRLEY as afor his last Will & Testament, in the presence of us who, at
his request and in his presence and in the presence of each other, have
thereafter subscribed our names as witnesses thereto.
GEORGE W. LAUB, residing at Fayette
HUGH MCLEAN, residing at Fayette
That ALEXANDER SHIRLEY died on the 13th day of Mary, 1908 at Fayette in
the County of Seneca, State of New York at the age of about 75 years,
leaving no last will and testament to the best of your petitioner's
knowledge, information and belife, diligent search and inquirng having
been made therefor.
That the said ALEXANDER SHIRLEY at the time of his death as aforesaid,
was a resident of the town of Fayette, County of Seneca and State of New
That the said decedent died possessed of certain personal property
within this County and State; as your petitioned is informed and
believes, the value of the personal property of which the said decendent
died possessed (including the probable amount to be recovered by reason
of any right of action granted to an administrator of said decendent, by
special provision of the law) does not exceed the sume of Fifty dollars.
That the said decedent left him surviving, no widow. That the following
named persons are all the next of kin of the said decedent, and that
their respective places of residence are as follows, viz:
FLORINDA M. BAKER, a sister of Waterloo, NY
HENRY SHIRLEY, a brother residing at Seneca Falls, NY
SYLAS SHIRLEY, a brother resident at La Platt, Nebraska
WILLIAM SHIRLEY, a nephew residing at Clifton Springs, NY
GEORGE SHIRELY, a nephew residing at Newark, NY
TENA LEAHY, a niece residing at Syracuse, NY
JOSEPHINE KING, a niece residing at Waterloo, NY
ROBERT SHIRLEY, a nephew residing at Waterloo, NY
NELLIE STONE, a niece residing at Waterloo, NY
WILLIAM SHIRLEY, a nephew residing at Waterloo, NY
EFFIE SHIRLEY, a niece residing at Waterloo, NY
HAZEL SHIRLEY, a niece residing at Waterloo, NY
CHARLES SHIRLEY, a nephew residing at Waterloo, NY
FRANK SHIRLEY, a nephew residing at Waterloo, NY
All of whom are upwards of 21 years of age except HAZEL SHIRLEY WHO IS
19 years of age.
That the decedent left no real estate.
That your petitioner is a sister of the said decedent and is entitled to
administer upon his estate.
That no petition for a grant of letters of administration upon the said
estate has been filed in any Surrogate Cournt of this State, as your
petitioner is informed and believes.
Your petitioner therefore prays for a decree awarding letters of
administration upon the personal estate of said decedent to your
petitioners and MAYNARD LITZENBERGER of the town of Waterloo.
Dated: 19th day of March, 1908
Signed: FLORINDA M. BAKER
MABEL A. FOX, Notary Public
PHILANDER SHIRLEY (L.S.)
This Indenture made this 13th day of March in the year of our Lord one
thousand eight hundred and seventy two between ALEXANDER SHIRLEY &
EMILY, his wife, ANDREW SHIRLEY & NANCY, his wife, FLORINDA EDWARDS,
LOUISA SHIRLEY, FRANKLIN SHIRLEY & his wife, Mary, MARY SHIRLEY, HENRY
SHIRLEY & EMMA, his wife, ELLA SHIRLEY of Fayette, New York and SILAS
SHIRLEY & AUGUSTA, his wife, of La Platte, Nebraska by JOHN H. PETERS,
heir attorney by virtue of a Setter of Attorney dated October 26, 1871
being heirs at Law of PHILANDER SHIRLEY, late of Fayette, deceased, and
EFFIE SHIRLEY, widow of said deceased parties of the first part and
DANIEL SCHWAB of Fayette, New York of the second part.
Witnesseth, that the said part of the first part, in consideration of
the sume of seven hundred and eighty dollars to each of said heirs,
parties of the first part, in all seven thousand and twenty dollars to
him duly paid have sold and by these Presents do grant and convey to the
said party of the second part, his heirs and assigns.
All that tract or parcel of land situate in the town of Fayette, Seneca
County, NY that is to say all of their respective interests in and to
all that farm or tract of land of which said PHILANDER SHIRLEY died
seized & situated in Fayette, Seneca county, NY being part of Military
Lot number 1, bounded on the north by the Seneca Outlook, on the east by
lands of WILLIAM BOOKMAN, south by lands of JOHN H. PETERS and west by
lands in possession of JAMES BURROUGHS containing 78 acres of land. A
part of said premises is in wheat growing sowing by CHARLES YOST on ? to
be cared for, harvested and thrashed by him. And, the possession of
said premises by said SCHWAB to be subject to the rights of said YOST
and said SCHWAB is to be entitled to all the rights of said parties of
the first part under the agreement with said YOST. The premises hereby
conveyed are the same conveyed to said PHILANDER SHIRLEY by HORACE
WILKINSON and wife, ELIZA, by Deed dated October, 30th, 1848 & recorded
in Seneca County Clerk's Office on the second day of ? 1849 in Book V 2
of Deeds 108.
Recorded April 1st, 1872 at 4:25pm by HUGH MONTGOMERY, Clerk