Essex County, NY, Will book H Moriah, pages 442 through 444
[I have transcribed the will as hand written--Mary Slack Maynard]
Record of the last Will and Testament of John W. Bigalow late of Moriah in the County of Essex and State of New York deceased proved and admitted to probate twenty third February in the year one thousand and eight hundred and eighty five.
[pages 442 - 444]
I, John W. Bigalow being of sound mind and memory and mindful of the uncertantie of this life [in margin F. A. S.] do make publish & declare this to be my last will and testament.
First-I make constitute & appoint as Exexutors of this my last will and testament my wife Mariette Bigalow and Frank S. Atwell both of the town of Moriah & they are not to be required to give Bonds.
Second-I hereby give and devise the House and lot & appurtenances thereon Situated on East side Prospect Ave to my Son William Bigalow.
Third-I hereby give devise & bequeath to my son Edgar Bigalow the Harley Foster farm so called in the town of Moriah N.Y. together with all appurtenances & personal property thereon. Except a colt which is there for pasture.
Fourth I hereby give devise and bequeath my Home farm so called in town of Moriah & on which I now reside together with the Back or wood lot in all about 400 acres to my son Frank M. Bigalow together with all stock & furnture thereon & all personal property of all kinds belonging therewith except that my wife is to have right to select any and all furnture that may be necessary for her use or convenience my son Frank M is to pay my wife two hundred dollars per year to my wife Mariette Bigalow for her private use and is to let her have and use a part of the House in which I now live for her own and private use same to consist of the "dining room" as now known also the parlor & parlor bedroom & one good room upstairs that she may select. My wife also to have provided for her all necessary provisions & produce raised on farm which are to be delivered to her free of charge & she is also to have the right to live in said House as a home during her natural life & said Frank M is to furnish and provide for her all necessary fuel properly cut up for stove use. In casy my wife Mariette elects to leave said house and live elsewhere then my son Frank M to pay her the sumof $300 per year for her own private support & use & in either event her rights to be a lien upon the said Home Farm & payments above mentioned are to be made to her every six months In no case will my son Frank M to have the right to sell transfer or encumber said farm before the death of my wife. In case my son does not accept the provisions in this will then said home Farm & all personal property thereon to be the property of my wife & it is also to be hers unless the provisions hereof as to herself are not fully and faithfully carried out by my son Frank M. Bigalow.
Fifth-I hereby give devise & bequeath to my said wife Mariette Bigaloe ten acres of land down in the town of Westport on west end Root farm so called.
Sixth-In case my son Edgar Bigalow and his wife or either of them die without issue then the property willed to his as above to go to my heirs. Bou if he marries again after the death of his present wife & has issue then the property to be his otherwise to revert to my heirs.
My daughter to have a suitable home with my wife on said Home farm (meaning my daughter Frances R. Whitman)
Seventh-I hereby give my wife Mariette Bigalow. Frances R. Whitman my daughter, my daughters Mary Floyd & my son William Bigalow all my money debts [on this line in margin F. A. S.] due me including Bonds mortgages notes & securities of all Kinds to be shared equally between them.
In making this will I have taken into consideration the money and advances given my children heretofore. John W. Bigalow
Signed sealed published & declared by the said testator John W. Bigalow to be his last will & testament in the presence of us and each of us who at his request signed the same as subscribing witness in the presence of him & in the presence of each other on the 27th day of May 1884 at W. H. Carrs office in Port Henry N.Y.
William H. Carr residing at Port Henry N.Y.
John Crolly residing at Port Henry N.Y
[page 444 - 445]
Surrogate's Court, County of Essex
In the matter of Proving the
Last Will and Testament
John W. Bigalow Deceased.
County of Essex ss:
William H. Carr being duly sworn and examined as a witness before Francis A. Smith Esquire, Surrogate of the County of Essex deposes and says that he resides in the village of Port Henry in the said County of Essex and State of New York and is a counsellor at law and is aged 34 years that he was well acquainted with John W. Bigalow now deceased that deponent was present as a witness and die see the above named John W. Bigalow subscribe his name at the end of the instrument in writing now produced and shown to this deponent without date but attested the 27th day of May in the year one thousand eight hundred and eighty four purporting to be his last will and testament. That the said decedend at the time of making the daid subscription declared the said instrument to be his last will and destament and requested deponent and one John Crolly to sign their names as witnesses thereto. Thereupon deponent and said Crolly accordingly signed their names as witnesses at the end of the said insturment in the presince of the decedent and of each other; and deponent further says that the said decedent at the time he so executed the said instrument was as deponent believes a citizen of the United States of full age of sound mind and memory in all respects competent to devise real estate and not under any restraint: and deponent further says that he drew said will pursuant to the instructions of the deceased and carefully read the same to him before its execution and that the same has been in no respect changed since that time and deponent further says that he saw said John Crolly sign said will as a witness and knows that his signature is genuine.
Taken, subscribed and sworn} William H. Carr
Before me this 9th Feb 1885 }
Francis A. Smith
State of New York }
County of Essex } ss:
I Francis A. Smith Surrogate of the County of Essex do hereby certify the foregoing to be a true copy and record of the last will and testament of John W. Bigalow late of the town of Moriah in said County deceased propounded for probate and this day proved as a will valid to pass both real and personal property together with the proofs and examinations taken before me in relation to the execution there of.
Recorded 23rd February 1885
Francis A. Smith