NIAGARA COUNTY SURROGATE'S COURT
Last Will and Testament of Agur B. Lewis, Deceased.
Be it Remembered, That heretofore, to-wit: On the 20th day of February in the year of our Lord one thousand eight hundred and ninety one, George W. Lewis and John W. LeBar Jr. Executors named in the Last Will and Testament of Agur B. Lewis late of the Town of Royalton in the County of Niagara deceased, appeared in open Court, before the Surrogate of the County of Niagara, 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 heirs-at-law and next of kin of the said Testator and their respective residences.
And it appearing that George W. Lewis, Sanford
A. Lewis, Charles E. Lewis, Levi C. Lewis and Frank J. Lewis are all of
the heirs at law and next of kin of said deceased there being no widow
of said deceased now surviving and it further appearing that all of
said parties are of full age and Sanford A. Lewis, Charles E. Lewis,
Levi C. Lewis and Frank J. Lewis appears by a written waiver of
the issuance of and service upon them of a Citation Properly
executed and that George W. Lewis appears in person and by A. S.
Hopkins Esq. his Atty. who also appears for John W. LeBar Jr.
No one appearing to oppose, Ordered, that the proof of said will be
proceeded with immediately without the issuing or service of any Citation herein.
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 20th day of February 1891, 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: "Will."
I, Agur B. Lewis of the Town of Royalton in the
County of Niagara and State of New York aged Seventy three years,
and upwards and being of sound and disposing, mind and
memory, do hereby, make, publish and declare this my last
Will and Testament as follows, that is to say,
1st. I do hereby empower and direct my executors hereinafter
named to sell and convey my farm on which I now reside containing
one hundred & eighteen acres of land; more or less, as soon after my
death, as they shall deem it best for my estate, and after my just
debts are paid shall dispose of the proceeds of such sale, together with
the proceeds of the sale of my personal property not herinafter
specified, in the payment of the legacies hereinafter specified.
2nd. I give devise and bequeath to my wife Catharine B.
Lewis the sum of three thousand five hundred dollars, also all
of my household furniture, goods, chattles and effects contained
in the House I now reside in also one Top Buggy now in my
possession, forever.
3rd The rest residue and remainder of my property, I give devise
and bequeath to my sons, George W. Lewis, Sandford A. Lewis,
Charles E. Lewis, Levi C. Lewis and Frank J. Lewis, their heirs or
assigns to be divided amongst them so that my son Charles E. Lewis
shall have one half as much as each one of my other four sons above
named.
4th. MY will is that my will Catharine B. Lewis shall have
the use of and occupy my said farm until it shall be sold.
Lastly. I hereby nominate and appoint my son George W.
Lewis, and John W. Labar Jr executors of this my last Will and
Testament revoking all former wills by me made.
In Witness Whereof, I have hereunto subscribed my name
this 3rd. day of June in the year of our Lord one thousand eight
hundred and eighty one.
Agur B. Lewis
The above instrument containing one sheet of paper was
subscribed by the above named Agur B. Lewis, in our presence, and
in the presence of each of us, and he at the same time declared it to
be his last Will and Testament, and he requeasted us to sign the
same as subscribing witnesses.
C. W. Flagler Lockport, Niagara Co., N.Y.
Harriet E. Flagler " " " "
SURROGATE'S COURT
In the Matter of Proving the Last Will and Testament of Agur B. Lewis, Deceased
Niagara County, ss.
Charles W. Flagler and Harriett E. Flagler being duly sworn, in open Court and upon the corporeal oath for himself doth depose and say, that he is a subscribing witness to the Last Will and Testament of Agur B. Lewis, late of the
Town of Royalton in the County of Niagara and State of New York deceased. And the deponent further says that the said Agur B. Lewis deceased, did, in the presence of each of the subscribing witnesses, subscribe his name at the end of the instrument in writing which is now here shown to this deponent and which purports to be the Last Will and Testament of the said deceased and which bears date on the 3rd. day of June one thousand eight hundred and eighty-one. 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 his own respective names at the end of said instrument, as an attesting witness to the execution thereof, at the request of said deceased, and his presence, and in the presence of the other subscribing witness: That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upward of twenty-one years of age, and a citizen of the United States; that he appeared to be, and deponent believes he 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 each of the subscribing witnesses saw the other sign his name to the said instrument in the presence of the said deceased. Taken, subscribed and sworn to before me, this 20" day of Feb'y 1891
Harriet E. Flagler
Chauncey E. Dunkleberger Surragate Charles W. Flagler
Niagara County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and Testament of Agur B. Lewis late of the Town of Royalton in the County of Niagara, and State of New York, deceased, that the said Will was duly executed, and that the said Agur B. Lewis deceased, at the time; lie executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations, are hereby recorded, signed, and certified by me, pursuant to the provisions of the Revised Statutes, this 20th of February 1891.
Chauncey E Dunkleberger Surrogate