| Text |
Francois Bichet's Estate.
Order. - 297
At a Surrogate's Court held in and for the County of Jefferson, at the surrogate's office in Watertown in said County on the 14th day of March A.D. 1859.
Present - Jab R. A. Perkins, Surrogate
In the Matter of Proving the last will and testament
of
Francois Bichet, deceased.
Be it remembered that on the 20th day of January A.D. 1859, Joseph Bichet of LeRay in said County came before said Surrogate and made and filed his petition on oath stating and thereby said Surrogate was satisfied that Francois Bichet, late an inhabitant of said County and owning real and personal estate therein had died having previously duly made and published his last will and testament disposing of said estate, and therein had named the said Joseph Bichet as one of the executors thereof, that the heirs and next of kin of said deceased are as follows, and none other or others, viz: Joseph Bichet, said petitioner, and John Bichet, of LeRay, Jefferson County, New York; Mary Bichet of Buffalo, Erie County, New York; and Rose Perrot, wife of Ferdinand Perrot, of Ortonville, Outogamie County, Wisconsin, all children of said deceased, and all of full age. And that Susan Bichet, of full age, residing in Le Ray aforesaid, is the widow of said deceased. And by said petition, it was prayed that a citation might issue out of and under the seal of this Court, to be directed to the proper persons, pursuant to the Statutes in such case made and provided, requiring them and each of them at such time and place as shall be in said
Francois Bichet's Estate.
Order.
Continued - 298
citation mentioned, to appear and attend the probate of said will, and that such further or other proceedings in the premises should be duly had as might be requisite to the proving and recording said will, and the granting probate and letters testamentary thereof.
Therefore said Surrogate being satisfied of the truth of the matters stated, and set forth in said petition, did issue a citation under his hand and seal of the office bearing date the 20th day of January A.D. 1859, directed to the persons above named, stating their names and places of residence respectively, and that Joseph Bichet executor in said will named had applied to said Surrogate to have the same proved as a will of real and personal estate, and requiring them personally to be and appear before said Surrogate at his office in Watertown in said County on the 14th day of March A.D. 1859 at ten o'clock in the forenoon of that day and attend the probate of said will. Thereupon process was continued until the return day thereof at which time and place last mentioned appeared in Court before said Surrogate the said Joseph Bichet, executor as aforesaid, and filed proof by affidavit of the ___ [true?] publication of said citation in the State Paper according to law, and of the personal service thereof on all of the said persons residing in this state, and no one appearing in opposition to the proceedings herein, the said Surrogate did proceed to hear the proof and allegations in the premises. The said will as produced and Adolphus M. Cook and Joseph E. Boyer the subscribing witnesses to said will
Francois Bichet's Estate.
Order.
Continued - 299
were severally duly sworn and testified as such witnesses, which testimony after having been reduced to writing was carefully read over to and subscribed by them respectively and the same was afterward recorded as follows hereinafter.
Whereupon said Surrogate being satisfied from said proofs and examinations that said will was duly executed; that the testator at the time of executing the same was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a will, and that said will was duly made and published as a will of real and personal estate; Doth order adjudge and decree that said will be and the same is hereby prooved, approved, established and confirmed as a good and valid will of real and personal estate, and that the same be recorded as such; and the same with the proofs thereof taken, and the certificate thereon endorsed, is recorded in the office of said Surrogate, in the book kept for that purpose which record follows immediately hereinafter in this book. And it is further ordered that Letters Testamentary issue to Joseph Bichet and John Bichet, the executors in said will named.
Witness. JaB R. A. Perkins
Surrogate of said County the day and year first aforesaid.
JaB R. A. Perkins
Surrogate
Recorded - March 14th, A.D. 1859
JaB R. A. Perkins
Surrogate
Francois Bichet's Estate.
Will. - 300
I Francis Bichet of the Town of Le Ray, in the County of Jefferson, State of New York, being of sound disposing mind, memory, and understanding, Do hereby make publish and decalre this to be my last will and testament, as follows, to wit:
Article First: I order and direct that my Executors hereinafter named, shall pay all my ______? debts and funeral charges as soon after my decease as conveniently may be.
Article Second: I give and devise unto my son Joseph Bichet his heirs and asigns forever my farm situated in the Town of Le Ray in the County and State aforesasid, containing about one hundred & two acres of land more or less, together with all the buildings now erected or to be hereafter erected thereon, and as the said farm and buildings shall be owned by [the word 'by' is crossed out] and [hoped?, posessed?] by me at the time of my decease, with all the appurtenances thereunto belonging - subject however to the encumbrances and charges hereinafter mentioned, to be paid and discharged by my said son Joseph.
Article Third: I give and bequeath unto my son John Bichet the sum of Five Hundred Dollars, to be paid to him by my son Joseph in the manner following, to wit: One Hundred dollars in Six months from and after the time of my decease, and the remainder in equal and yearly payments therefrom, without any interest, and in order to secure to my said son John Bichet, his heirs or legal representatives, the said sum of Five Hundred Dollars, in the manner above
Francois Bichet's Estate.
Will continued. - 301
mentioned, I make the sum chargeable upon the farm devised to my son Joseph in the second article of this Will.
Article Fourth: I give and bequeath unto my daughter Rose, wife of Ferdinand Perrot, or to her legal representatives, the sum of One Hundred Fifty dollars, to be paid by my son Joseph from and after six years from the time of my decease together with interest on said sum to be paid annually from my decease, and in order to secure to my daughter Rose or her legal representatives, the payment of the said sum of One Hundred and Fifty dollars & interest, I make the sum chargeable upon the farm devised to my son Joseph in the second article of this will.
Article Fifth: I give and bequeath unto my daughter Mary the sum of One Hundred and fifty dollars to be paid to her by my son Joseph seven years from and after my decease, with interest annually from the time of my death, and in order to secure my said daughter Mary the payment of the sum of One HUndred and fifty dollars and interest, I make the same chargeable upon the farm devised to my son Joseph in the second article of this will.
Article Sixth: I give devise and bequeath unto my son Joseph Bichet all the residue and remainder of my property both real and personal which I shall own or posess at the time of my decease, Excepting however, all money, mortgages, notes, or bils receiveable of whatever kind which I may at that time posess, & which said money, mortgages, notes or bills receiveable, I order to be divided among my sons & daughters, equally, share and share alike.
And Lastly: I do hereby nominate & appoint my sons Joseph Bichet and John Bichet to be
Francois Bichet's Estate.
Will continued. - 302
the Executors of this my last will and testament, herreby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal this second day of June in the year of our Lord One Thousand Eight Hundred & Fifty Six.
Francios Bichet L.S.
The withininstrument consisting of two sheets, was at the date thereof signed, sealed, published and declared by the said Francois Bichet, as, and for his Last Will & Testament in presence of us, who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.
Jos. E. Boyer of the Town of Le Ray
A. M. Cook " " " "
Francois Bichet's Estate.
Testimony. - 302
State of New York
Jefferson County
Surrogate's Court
Before JaB R. A. Perkins, Surrogate
In the matter of proving the Will of the real and personal estate
Francois Bichet, deceased
County of Jefferson:
Adolphus M. Cook of the Town of Le Ray in said County, being first duly sworn, deposeth and saith that on the second day of June 1856 at Le Ray aforesaid, he saw Francois Bichet, deceased, subscribe the instrument now shown to this deponent, and which purports to be the last will and testament of Francois Bichet late of the Town of Le Ray in said County, deceased, bearing date the 2 day of June in the Year of our Lord one thousand eight hundred and fifty six; that on the day of the date aforesaid, and at the time of siging the same, he heard the said Francois Bichet declare the same to be his last will and testament, and that he, this deponent, and Joseph E. Boyer, the other subscribing witness, did then subscribe their names theretoas witnesses at the request and in the presence of the said Francois Bichet and of each other; that at the time thereof the said Francois Bichet was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a will.
Subscribed and sworn before
me March 14th 1859 A. M. Cook
JaB R. A. Perkins
Surrogate
Francois Bichet's Estate.
Testimony continued. - 304
State of New York
Jefferson County
Surrogate's Court
Before JaB R. A. Perkins, Surrogate
In the matter of proving the Will of the real and personal estate
Francois Bichet, deceased
County of Jefferson:
Joseph E. Boyer of the Town of Valatie Columbia County, being first duly sworn, deposeth and saith that on the second day of June 1856 at Le Ray, he saw Francois Bichet, deceased, subscribe the instrument now shown to this deponent, and which purports to be the last will and testament of Francois Bichet late of the Town of Le Ray in said County, deceased, bearing date the 2 day of June in the Year of our Lord one thousand eight hundred and fifty six; that on the day of the date aforesaid, and at the time of siging the same, he heard the said Francois Bichet declare the same to be his last will and testament, and that he, this deponent, and Adolphus M. Cook, the other subscribing witness, did then subscribe their names thereto as witnesses at the request and in the presence of the said Francois Bichet and of each other; that at the time thereof the said Francois Bichet was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a will.
Subscribed and sworn before
me March 14th 1859 Jos. E. Boyer
JaB R. A. Perkins
Surrogate
Francois Bichet's Estate.
Certificate. - 305
State of New York
Jefferson County
Surrogate's Court
Before JaB R. A. Perkins, Surrogate
I, Jab R. A. Perkins, Surrogate in and for the County of Jefferson, do hereby certify that upon proof and examinations taken before me at my office in Watertown in said County on the 14th day of March A.D. 1859, by the oaths of Adolphus M. Cook and Joseph E. Boyers, the subscribing witnesses to the foregoing will, that said will was duly executed & that the testator Francois Bichet at the time of executing the same was in all repsects competent to devise real estate and to bequeath personal property, of sound and disposing mind, memory and understanding; that said will, with the proof thereof taken, and the certificate thereof endorsed, is recorded in the office of said Surrogate, in the book kept for recording wills, testaments and codicils.
L.S. In witness whereof I have hereunto affixed my seal of office and subscribed my name this 14th day of March A.D. 1859
JaB R. A. Perkins
Surrogate |
