Last Will and Testament

252: The last Will and Testament of Ezra Austin of the town of Providence deceased relating to both real and personal estate together with the proof thereof recorded on the 14th day of September 1857 At a Surrogate Court held at the Village of Ballston Spa on the 14th day of September 1857.
Present: Cornelius A. Waldron Surrogate.
Be it remembered that at a Surrogate Court held on the 13th day of July 1857, Robert Spier an executor named in a certain instrument dated the 12th day of February 1848 purporting to be the last Will and Testament of Ezra Austin deceased relating to both real and personal estate appeared and presented said Will for probate and at the same time made satisfactory proof that said Ezra Austin died on the 26th day of January 1857; that at the time of his death he was an inhabitant of the county of Saratoga; that he left him surviving the following persons, to wit: Betsy Austin, widow - Ezra Austin, Lydia Cadman, wife of George Cadman - Jonathan Austin - Joseph McOmber - Sophia Kilmer - Lydia Huych - Maria Inman - Julia Ann Watkins wife of John Watkins - Orpha Ann Feltz wife of Florent Feltz - Mary Ann Edwards wife of William F.E Edwards - Jane Eliza Fonda wife of John Fonda - Shadrach Austin, The heirs of Isaac Austin late of Springport Cayuga County deceased who's names and residence are unknown, all of full age and also the following named minors having no general guardian within this state to wit: Ezra W McOmber, George A. McOmber, Mary Ann Edwards wife of William F.E. Edwards, Lydia Dubois, Austin A Dubois - Smith H Dubois - Charlotte E. Dubois - Austin Cole, Florence Cole & the heirs of Isaac Austin deceased aforesaid, And who are all and the only heirs at law & next of kin of said deceased. And James W Culver Esq of Ballston Spa consenting thereto in writing was appointed special guardian of said minors to take care of their rights & interests in the matter of proving said last Will and Testament. And thereupon, a citation was issued to said widow, heirs, next of kin and special guardian citing them and each of them to appear before the Surrogate at his office in the Village of Ballston Spa in said County of Saratoga on the 14th day of September 1857 at 10 o'clock in the forenoon to attend the proof and probate of said will. And now at this day the said Robert Spier again appeared and returned said citation with proof of the due and legal service of the same on all to whom directed, and made application to have said Will admitted to probate, and no one opposing, and said Will being produced and shown to two of the attesting witnesses, thereto the proof thereof was taken in the words and figures following, to wit.

"County of Saratoga"
Surrogate's Court. In the matter of proving the last Will and Testament of Ezra Austin deceased.
Saratoga County,ss: James Myers and Henry Dean of the town of Hadley in the county of Saratoga being first and duly sworn in open court, on their oaths do depose and say, that they & William Chatfield are subscribing witnesses to the the last Will and Testament of Ezra Austin late of the town of Providence in the county of Saratoga, aforesaid, deceased. And these deponents further say, that the said deceased did, in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to these deponents, and which purports to be the last Will and Testament of the said deceased, and which bears date on the 12th day of February, in the year one thousand and eight hundred and forty eight. That the said deceased did at the time of subscribing his name to said intrument as aforesaid, declare the same to be his last Will and Testament: that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, 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 subscribing his name to said instrument as aforesaid, was upwards of twenty one years of age; that he appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents. James Myers, Henry Dean Subscribed and Sworn this 14th day of September 1857, before me, C. A. Waldron Surrogate."
And it appearing from the proof so taken that said instrument was duly executed and that said testator was at the time of executing the same, in all respects competent to devise real Estate and not under restraint, And the said Surrogate having inquired into the facts and circumstances and being satisfied of the genuineness and validity of said Will and no objection being made thereto, it is ordered, adjudged and decreed that said instrument be admitted to probate, as and for the last Will and Testament of said Ezra Austin deceased, And it is further ordered that said Will be recorded with the proof thereof, which said proof is herein before recorded-and said Will is in the words and figures following towit:
"In the name of God Amen, I, Ezra Austin of the "Town of Providence in the County of Saratoga and State of "New York being of sound mind and memory do make and publish this my last Will and Testament in manner following.
First, I will and direct that all my just debts, funerel expences and the charges of proving this Will, be fully paid and satisfied by my Executrix and Executors hereinafter named- as soon as conveniently may be after my decease..
Second. I give and bequeath to my wife, Betsey two cows and all of the things that she had at the time of her marriage to me and all that she has since made - also the use of all my personal estate which may remain after paying my debts, and the use of all my real Estate so long as she remains a widow —
Third, After the termination of the widowhood of my said wife Betsey - I do will and direct that my said Estate shall be given as follows: To my son Ezra Austin the sum of Forty dollars; To my son Jonathan Austin the sum of Sixty dollars. To my son Shedrick Austin the sum of one hundred and twenty five dollars. To my daughter Lydia Cadmon the sum of Sixty dollars- To my daughter Servia Coles the sum of forty dollars- To my daughter Betsy Mc Cumber the sum of Sixty dollars- To my daughter Phoiba Dubois the sum of Eighty dollars - To the hiers of my son Isaac Austin the sum of Eighty dollars - To the hiers of my daughter Rhoda Cole the sum of twenty dollars - and to my grandson Ezra Willson McCumber the sum of Twenty dollars - and the rest, residue and remainder of my Estate of every kind, name and nature whatsoever should there be any remaining after paying the said debts and legacies, I do bequeath and divide among my legaties in the above proportion. And I do further will and direct my said Executors or their Survivor may after the decease of my said wife Betsey and do authorise and empower them to sell all my real Estate in such manner as they may deem advisable, and to divide the proceeds as herein above directed— And I do hereby nominate and appoint my wife Betsey Executrix — and my friends and Robert Spear Exectors 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 the twelfth day of February in the year of our Lord one thousand eight hundred and forty eight Ezra Austin (S.S)
The above instrument consisting of one sheet was at the date thereof declared to us by Ezra Austin the testator therein mentioned to be his last Will and Testament and he at the same time acknowledged to us, and each of us, that he had signed and sealed the same, and we thereupon at his request, and in his presence, and in the presence of each othe, signed our names thereto as attesting witnesses.
James Myers rsiding at Hadley in Saratoga County
Henry Dean residing at Hadley in Saratoga County
William Chatfield ---- Milton in Saratoga Co.

I Cornelius A. Waldron Surrogate of the County of Saratoga do hereby certify the foregoing to be a true record of the last Will and Testament of Exra Austin late of the town of Providence deceased relating to both real and personal estate and of the proof thereof taken before me on the 14th day of September 1857.
_____________ C.A. Waldron Surrogate