Transcribed from SAMPUBCO photocopy by Jackie Mahoney, Tioga
County, New York, Will Book Vol. #13, Pg. #97
Last Will and Testament of John Giltner, Deceased
Be it Remembered, That heretofore, to wit, on the 24th day of
February in the year of our Lord one thousand eight hundred and
Seventy four, Dexter E. Giltner and Solomon D. King, the Executors
named in the Last Will and Testament of John Giltner late of
the town of Barton in the County of Tioga, deceased, appeared
in open Court, before the Surrogate of the County of Tioga, and
made application to have the said Last Will and Testament, which
relates to both Real and Personal Estate, proved and on such
application the said Surrogate did ascertain by satisfactory
evidence who were the executors, heirs at law and next of kin
of the said testator and
their respective residences.
And said Surrogate did thereupon issue a Citation in due form of
law, directed to the executors, heirs at law and next of kin by
their respective names, stating their respective places of
residence requiring them to appear before said Surrogate
at his office in the village of Owego in said County, on the
19th day of March A.D. 1874, to attend the Probate of said Will.
And afterwards, to wit, on the 19th day of March A.D. 1874,
satisfactory evidence by affidavit was produced and presented to
said Surrogate, of the due service of
said Citation in the ___prescribed by law, and on that day, no one
appearing to oppose the Probate of such Will such proceedings were
thereupon had in said Court, afterwards that the said Surrogate
took the proofs of said will hereinafter set forth, upon this 19th
day of March A.D. 1874, and he thereupon adjudged the said Will to
be a valid Will of Real and Personal Estate, and the proofs thereof
to be sufficient, which said Last Will and Testament and proofs,
are as follows, that is to say:
Last Will & Testament of JOHN GILTNER
County of Tioga, State of New York, being of sound mind, _______do
make and publish this my last Will & Testament.
First I do give and bequeath to my two sons Dexter Eugene and Edward
Wesley that part of my real estate on which the buildings are situated
consisting of about seventy three (73) acres. The rest of my real
estate I give and bequeath to my son John Alexander.
Second I give and bequeath to my son James the sum of Two hundred
(200) dollars and to my daughters Catherine Stewart, Adaline Davenport,
Cornelia Dubois, Susan Manning and Jane Davenport each the sum of
one hundred (100) dollars. (Transcriber Note: The surnames of
daughters were very hard to read, especially Jane.)
Third I order that my three sons John A., Dexter E. and Edward W.
supply and sustain my wife Mary in a good and comfortable manner
so long as she shall remain my widow and that my entire real estate
be charged with and held in ______and further order that when my
wife Mary shall cease to be my widow by marriage or otherwise then
_________shall my real estate be released from the charge of her
support.
Fourth I order that my two sons Dexter E. and Edward W. pay to said
_____the sum of five hundred (500) dollars and that
___________________pay to my executors the sum of two hundred
(200) dollars to be used by them in paying of the above _____________
two hundred dollar legacies.
Fifth After paying the above legacies and my debts, funeral expenses
and expenses of settling my estate whatever shall be left of my
personal estate I do give and bequeath to my two sons Dexter E.
and Edward W.
Sixth I do further order that if any of my children shall make any
unnecessary trouble or endeavor to hinder the peaceable settlement
of my estate they shall be deprived of all bequeaths _____by this
will and the legacy bequeathed to him shall be divided equally
among my remaining children.
Seventh I do order that my executors pay all the above cash
legacies, __debts and expenses of settling my estate as soon as
a sufficient amount of money shall come into their hands and I do
hereby authorize and empower my executors to make and sign all
papers necessary for the settling of my estate.
And lastly I do hereby appoint my son Dexter E. and Solomon D.
King executors of this my last Will and Testament hereby revoking
all former wills by me made.
In witness whereof, I have hereunto set my hand and seal this
Twenty third day of Oct. one thousand eight hundred and seventy
two (1872). /s/ John Giltner
The above instrument was signed by the Testator John Giltner as
and for his last Will & Testament in presence of us who at his
request and in his presence and in presence of each other have
subscribed our names as witnesses thereto. Solomon D. King,
residence Barton, Tioga Co., NY. Julius Elston, residence, Barton,
Tioga Co., NY
SURROGATE'S COURT
In the matter of proving the Last Will and Testament of John
Giltner, Deceased, Tioga County.
Solomon D. King and Julius Elston being duly sworn, in open Court,
upon their separate oaths for himself doth depose and say that he
is a subscribing witness to the last Will and Testament of John
Giltner, late of the town of Barton in the County of Tioga and
State of New York deceased. And these deponents do further say,
that the said John Giltner deceased, did, in the presence of each
of these deponents, subscribe his name at the end of the instrument
in writing, which is now here shown to these deponents, and which
purports to be the last Will and Testament of the said deceased,
and which bears date on the 23rd day of October, one thousand
eight hundred and seventy two.
That, the said deceased did, at the time of subscribing his name
to the said instrument as aforesaid, declare the same to be his
last Will and Testament, and these deponents did thereupon
subscribe their own respective names at the end of said
instrument, as attesting witnesses to the execution thereof, each
at the request of the said deceased, and in his presence and in
the presence of each other. That the said deceased, at the time
of so subscribing his name to said instrument as aforesaid, and
publishing said instrument as aforesaid, was upwards of twenty
one years of age, and a citizen of the United States. That he
appeared to be, and deponents believe he was, of sound mind,
memory and understanding, and not under any restraint, and as
deponents verily believe, in all respects, competent to devise
real estate. That each of these deponents saw the other sign
his name to said instrument in the presence of the said deceased.
Subscribed and sworn to before me this 19th day of March 1874.
/s/ S. D. King
/s/Julius Elston
Charles A. Clark, Surrogate
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