The Last Will and Testament of Marie Ernisse

ERNISSE, DRAPER, CONE, ZEEVELD, THOLENE

Posted By: Char (email)
Date: 5/17/2010 at 00:56:28

To the Surrogate’s Court of the County of Monroe in the State of New York.

The petition of Marie Ernisse of the City of Rochester in the County of Monroe and State of New York. Respectfully shows that Magdalena D. Ernisse died on the 22nd day of December 1887 at said Rochester in the County of Monroe Sate of New York at the age of 49 years leaving real and personal property within your County of Monroe aforesaid, and leaving a will relating to real and personal property bearing the date the eighth day of May 1882 duly executed at said Rochester and prescribed by the laws of the State of New York in the presence of George P. Draper and George M. Cone as attesting witnesses in which will the undersigned petitioner Marie Ernisse is designated as Executor. That the said Magdalena Ernisse at the time of her death as aforesaid was a resident of the said City of Rochester in the County of Monroe and State of New York. That the said decedent left her surviving ??? husband (sh????? a ??? sole at the time of her death) and that the following are all the heirs and all the next of kin of said decedent and their respective ages and places of residence to wit:

Alfie Zeeveld? a sister aged about 57 years residing at said Rochester in State of New York. Josephine Tholene? A sister aged about 58 years residing at Syracuse in Onondaga Co in the State of New York Michael Ernisse a brother aged about 60 years residing at said Rochester in the State of N. York. James Ernisse a nephew aged about 38 years residing at the said Rochester in the State of N. York, John Ernisse a nephew aged about 33 years residing at said Rochester in the State of N. York. Josephine E. s. Force a niece aged about 22 years residing at said Rochester in the State of N. York. That no petition for probate of said will has been filed in any Surrogates Court within the State of N. York. That your petition informed and believed that the real estate within said State of N. York does not exceed in value the sum of $2600.00 and that her personal estate within the State of N. York does not exceed in value the sum of $2000. Your petitioner therefore says that the said will may be proved and the said heirs and next of kin of the said decedent may be cited to attend the Probate thereof.
Marie Ernisse} Petitioner

State of New York}
City of Rochester} State Seal
County of Monroe}

Marie Ernisse being duly sworn says she is the petitioner named in the foregoing petition and that the said petition is true to her knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters she believes it to be true.
Marie Ernisse
Subscribed and sworn to before me this 18th day of January 1888.
D. L. C??len?in
Notary Public

State of New York
Monroe County
City of Rochester} Marie Ernisse above named being duly sworn say she is over twenty one years of age and resides at said City of Rochester in Monroe County N. Y. and will well, faithfully and honestly discharge the duties of her office as Executor of the will of Magdalena D. Ernisse the testator above named.
Marie Ernisse
Subscribed and sworn to before me this 13th day of January 1888.
D. L. Cutlenein?
Notary Public

In the name of God Amen:
I Magdalena D. Ernisse of the City of Rochester in County of Monroe and State of New York being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain and 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:
To my sister Alfie Zeeveld my Gold Watch and chain thereto and my Bed Quilt made of my deceased mother’s wedding garment, and to my sister Josephine Tholens my black or ebony clock with bronze ornament (dog) belonging thereon.

Second – I give and bequeath in money to my nephew Will H. Tholens the sum of Two Hundred dollars ($200) and to my Nephew J. Henry Tholens the sum of Fifty dollars ($50) and to my niece Ida E. Tholens the sum of Fifty dollars ($50).

Third – In case of the death of any of the above named legatees before my decease, then in such case the legacy or portion herein above provided for such deceased legatee shall be taken by and belong to my residuary legatee Marie Ernisse hereinafter named.

Fourth – I give bequeath and devise all the rest residue and remainder of my property and estate real and personal of every kind and description and wherever situate at the time of my decease to my niece Marie Ernisse and all aforesaid to her for her own benefit and enjoyment forever.

Fifth – I hereby nominate and appoint my friend George P. Draper of said Rochester to be legal adviser and counsel to my Executor hereinafter named in the matter of settling my estate.

Sixth- Likewise I make constitute and appoint my said niece Marie Ernisse (now residing at said city of Rochester) to be executor of this my last Will and testament hereby revoking all former wills by me made.
In witness whereof I have hereunto subscribed my name and affixed my seal the eighth day of May in the year of our Lord one thousand eight hundred and eighty two.
M. D. Ernisse L. S.

The above written instrument was subscribed by the said Magdalena D. Ernisse in our presence and acknowledged by her to each of us and she at the same time declared the above instrument so subscribed to be her last Will and testament and we at her request have signed our names as witnesses hereto in her presence and in the presence of each other and written opposite our names our respective places of residence.
George P. Draper – Rochester, Monroe Co. N. Y.
Geo. M. Cone – Rochester, Monroe Co. N. Y.
Surrogates Court,
In the matter of proving the last Will and Testament of Magdalena D. Ernisse Deceased}
Monroe County}SS
George P. Draper being first duly sworn in open Court doth depose and say that he is a subscribing witness to the last Will and testament of Magdalena D. Ernisse late of the City of Rochester in the County of Monroe and State of New York deceased And deponent further says that the said Magdalena D. Ernisse deceased did in the presence of deponent and George M. Cone the other subscribing witness subscribed his name, at the end of the instrument in writing which is now here shown to deponent and which purports to be the last Will and testament of the said deceased and which bears date on the eighth day of May one thousand eight hundred and eighty two. That said deceased died on or about the 22 day of December 1887 at the City of Rochester aforesaid in deponent is informed and believes that the said deceased did at the time of subscribing her named the said instrument as aforesaid declare the same to be her last Will and testament and deponent and said George M. Cone 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 said deceased and in her presence and in the presence of each other. That the said deceased at the time of her subscribing her name to said instrument as aforesaid and publishing said instrument at aforesaid was of full age and a citizen of the United States; That she appeared to be and deponent believe she was of sound mind, memory and understanding and not under any restraint and as deponent verily believes in all respects competent to devise real estate; That deponent saw the other subscribing witness sign his name to the said instrument in the presence of the said deceased Magdalena D. Ernisse, and that he George M. Cone is now absent from this State of New York and is at present residing in the mining regions of the Territory of Idaho, West of the Rocky Mountains.
That several years ago he resided in the City of Rochester and occupied a part of this deponent’s office and was so occupying as part of said office at the time of signing his name as a witness to the said Will as aforesaid. That in the Spring of 1884 he moved to Minneapolis, Minn and after residing there several months he moved to mining regions of the Territory of Montana and after residing there several months he moved to the mining regions of the Territory of Idaho and located at a place or Camp called “Munay” on the west side of the Rocky Mountains where the country is wild and the means of communication and travel are quite limited; That deponent has received communication from said George M. Cone several times since he moved to the said Mining regions of Idaho and received a letter from him only a few months ago. And also last fall received call from a man from there who is a neighbor of said Geo. M. Cone and brought a message from said Cone to this deponent that the testimony of said George M. Cone cannot be procured by commission without causing great delay and expense and much trouble or inconvenience and in the judgment of deponent can not be procured because of lack of facilities and proper officers to take such commission in the region or location where said Cone is now residing.
George P. Draper
Subscribed and sworn to before me this January 31st. 1888. J. A. Adlington, Surrogate.

Surrogates Court
In the matter of proving the last Will and Testament of Magdalena D. Ernisse deceased} Monroe County} SS
City of Rochester}
De Lancey Crittenden of said City of Rochester being duly sworn as a witness in the above entitled matter and examined on behalf of the petitioner for probate of said will says that he was well acquainted with George M. Cone late of the said City of Rochester in said County and with his manner and style of handwriting. That he has often seen said George M. Cone write and that he verily believes and has no doubt that the signature of said George M. Cone subscribed to the witness clause of the instrument in writing now produced and shown to deponent purporting to be the last Will and Testament of said Magdalena D. Ernisse bearing date on the eighth day of May 1882 is the proper signature and handwriting of said George M. Cone. That the said George M. Cone moved from this State of Minneapolis Minn in the Spring of 1884 and several months after as deponent is informed and believes moved to the mining regions of the Territory of Montana where he resided several months and then moved to the mining regions of the Territory of Idaho west of the Rocky Mountains and located at a place or miners camp called “Munay” and that he is now in that locality to the best of deponents knowledge information and belief. That this deponent ????? received letters of communications from said George M. Cone while he was located at all said places respectively and received letter or communication from him several months ago mailed or sent from said place or camp called “Munay” in said Territory of Idaho and that in the judgment of this deponent the testimony of said George M. Cone taken by a proper commission could not be procured because of the lack of facilities for such business at the said place or camp where he resides, and that to procure his testimony by any sort of commission would cause great delay and much expense and trouble, that this deponent was acquainted with the within named Magdalena D. Ernisse in her lifetime and has transacted business with her and was acquainted with her signature and that this deponent verily believes and has no doubt that her signature or name subscribed to the said instrument purporting to be her last Will and testament bearing date the 8 day of May 1882 is the proper genuine signature and handwriting of the said Magdalena D. Ernisse
DeLaney Crittenden
Subscribed and sworn to before me this 31st day of January 1888
J. A. Adlington
Surrogate

At the Surrogate Court held in and for the County of Monroe at the Surrogates office in the City of Rochester on the 31st. day of January 1888
Present Hon. J. A. Adlington, Surrogate}

In the matter of proving the Will of Magdalena D. Ernisse deceased. Satisfactory proof by affidavit having been made and filed of the due service of Citation heretofore issued in this matter requiring the heirs at law and next of kin to appear in this court on the 31st. day of January A. D. 1888 at 10 o’clock in the forenoon of that day to attend the probate of the last Will and testament of Magdalena D. Ernisse late of the City of Rochester in the County of Monroe and State of New York deceased, bearing date the 8th day of May 1888: And Marie Ernisse the executor named in said will be petitioner herein having appeared by George P. Draper Esq. her attorney in support of the proof of the same and witnesses having been examined and proof taken and the said surrogate having heard the proofs and allegations of the parties and mature deliberations being had thereon the probate of said will not having been contested, It is adjudged and decreed that said instrument in writing purporting to be the last Will and Testament of the said Magdalena D. Ernisse deceased was properly executed that the same is genuine and valid and that the said Magdalena D. Ernisse deceased at the time of executing the same was in all respects competent to make a last Will and testament and to devise real estate and was not under any restraint or under influence. And this court doth further order and decree that the said last Will and testament and the proofs and examinations taken in respect to the same be recorded and that the said instrument be admitted to probate and that the same be and hereby is established as a will valid to pass real and personal estate.
E. E. Mc Connell
Clerk Surrogate Court

State of New York}
County of Monroe}
Surrogates Office}
I hereby certify that the annexed instrument being the last Will and Testament of Magdalena D. Ernisse of the City of Rochester in the County of Monroe and State of New York deceased has upon due proof been this day admitted to probate by the Surrogates Court of said County of Monroe as a Will valid to pass real and personal property; which said last Will and Testament and the proofs and examinations taken thereon are recorded in the office of the Surrogate of said last mentioned County.
In testimony whereof I have hereunto set my hand and affixed the seal of said Surrogates Court at Rochester in said County this 31st. day of January in the year one thousand eight hundred and eighty eight.
J. A. Adlington
Surrogate
{L. S. }

In the Surrogates Court held in and for the County of Monroe at the Surrogates office in the City of Rochester on the 31st. day of January 1888.

In the matter of the execution of the last Will and Testament of Magdalena D. Ernisse deceased}
On reading and filing the oath of Marie Ernisse the Executor named in the said last Will and Testament, It is ordered that letters Testamentary issue to her pursuant to the statute.
E. E. McConnell
Clerk Surrogate’s Court

The people of the State of New York
To Marie Ernisse of the City of Rochester in the County of Monroe and State of New York send greeting: Whereas Magdalena D. Ernisse of the City of Rochester in the County of Monroe and State of New York died on or about the 22nd day of December 1887 leaving a last Will and Testament dated the 8th day of May 1882 in which you are designated as Executor: And whereas on the 31st. day of January 1888 at the Surrogates Court held at Rochester in and for our County of Monroe a decree was duly made admitting to probate the said last Will and Testament and you having taken and filed with the Surrogate of our said County of Monroe your official oath as required by law:
County of Monroe and State of New York deceased has upon due proof been this day admitted to probate by the Surrogates Court of said County of Monroe as a Will valid to pass real and personal property: which said last Will and Testament and the proofs and examinations taken thereon are recoded in the office of the Surrogate of said last mentioned County.
In testimony whereof I have hereunto set my hand and affixed the seal of said Surrogates
Court at Rochester in said County this 31st. day of January in the year one thousand eight hundred and eighty eight.
J. A. Adlington, Surrogate
(L. S. )

This part of the probate and surrogate continues on for several more pages but does not give any new information. If you need copies of the will, you may email me and I’ll send you copies. char@charsbrokenbranches.com

State of Iowa
Clinton County
I William Kreim, clerk of the District Court in and for said County do hereby certify that on this day at the April Term A. D. 1888 of said Court the Will andinstrument in writing hereunto annexed and bearing date in the 8th day of May 1882 was duly proved before and allowed by said court as and for the last Will and testament of the real and personal estate of Magdalena D. Ernisse late of said County deceased and was by said Court ordered to be recorded as such Will and testament. In witness whereof I have hereunto at my hand and affixed the seal of the court at my office in Clinton in said County this 17th day of April A. D. 1888.
Seal – William Kreim, Clerk