| Notes |
- POSSIBLY A SON OF GEORGE JACOB STALEY OF JOHNSTOWN
Fulton Co NY Wills Volume 6 page 16
Be it remembered that heretofore to wit on the 6th day of March 1866, Aaron Empie and Philip Martin, executors named in the last will and testament of Abraham Staley, late of the town of Johnstown in the County of Fulton, deceased, appeared in the Surrogates Court of Fulton County and made application to have the said last Will and Testamentwhich relates to both real and personal estate, admitted to probate and then upon said afterward, such proceedings were had in the premises, that the County Judge of said County of Fulton as Surrogate took the proof of said last Will and Testament on this 4th day of June 1866 and adjudged the said last Will and Testament to be a valid Will and the proofs these of to be sufficient, which said last Will and Testament and proofs are as follows:
WILL
I, Abraham Staley, of Aurora, in the county of Kane and State of Illinois, do hereby make and declare this my last Will and Testament.
I hereby constitute and appoint A. Empie and Philip Martin (Senior) and the survivor of their executors and executor of this my last Will and Testament.
First - I give and devise all my messages, lands and tenements wheresoever situated unto the said A. Empy and Philip Martin, Sr. and their heirs and the heirs of the survivor of them to have and to hold the same for the uses following to wit to the use of my beloved wife Margaret during her life, so far as shall be necessary for her comfortable maintenance and support. Said lands now being held by Andrew Staley, under a lease from me. After the death of my said wife to sell and the same convert into cash and to pay the legacies hereinafter mentioned and described. And I do hereby authorize said empower my said executors or the survivor of them upon the expiration of the present lease to Andrew Staley, to re-lease said premises in case my wife Margaret is still alive for the term of her natural life giving the said Andrew Staley the preference in leasing said premises. And I do also bequeath all my personal estate to my said executors upon the trusts and uses hereinbefore mentioned. And I do hereby direct my said executors or the survivor of them after collecting my personal estate and selling my real estate as hereinbefore mentioned to pay the following legacies to wit. To my son Obadiah the sum of Four Hundred Dollars. To my daughter Lainey Steele, the sum of Four Hundred Dollars. To my daughter Mary Ann Welch, the sum of One Hundred and Fifty Dollars. To my daughter Catharine Steele, the sum of One Hundred Fifty Dollars. To my daughter Margaret Ann Nickloy the sum of One Hundred Dollars. To my son Michael Staley the sum of One Hundred Dollars. To Andrew Staley (hereinbefore mentioned) the sum of Two Hundred Dollars. To John Nelson Staley, the sum of Fifty dollars. To the children of my deceased son Adam Staley, the sum of Twenty Dollars. And in case any of the above legatees are not then living said sums to be payable respectively to his,her or their heirs, the same as he, she or they would take according hereto, if he, she or they were then living. And in case there shall be any residue in the hands of my said executors or the survivor of them, after paying the above specific legacies, I desire that the same may be divided among my said legatees, in proportion to the legacies above bequeathed.
It is also my will that upon the sale of my said real estate, that Andrew Staley have the preference in purchasing the same and in that case that the amount of his said legacy above bequeathed be deducted from the amount of the purchase money of said premises and that my said executors or the survivor of them, give the said Andrew time to pay for said premises as follows:
After deducting the amount of his said legacy and his proportion of the residue (if any) to divide the balance into five equal payments to be made in one, two, three, four and five years from the time of said purchase, with interest. Said sum to be secured by his notes and mortgage upon said premises to my said executors or the survivor of them as such. In witness hereof I, the said testator, have hereunto set my hand and seal this thirtieth day of September in the year of our Lord, one thousand eight hundred and sixty-five.
Abraham Staley (L.S.) X (his mark) Signed, sealed, published and declared by the said Abraham Staley, as his last Will and Testament, in the presence of us, who in his presence, and in the presence of each other, and at his request have hereunto set our names as witnesses the day and year aforesaid.
Aaron Staley of Lyons, DuPage Co, Ill
Jacob I Keck of Aurora, Kane Co, Ill
Eugene Canfield of Aurora, Kane Co, Ill
Interrogatives to be administered to Aaron Staley, Jacob I. Keck and Eugene Canfield, residing in the town of Aurora, Kane County, Illinois the two latter and the former in Lyons, DuPage County, Illinois, witnesses in the matter of proving the last Will and Testament of Abraham Staley, late of the town of Johnstown, in the County of Fulton, deceased, now pending before the County Judge or Surrogate of the County of Fulton in the State of New York, under and in pursuance of the Commission hereunto annexed.
First Interrogatory - What is your name, age and occupation or profession and where do you reside?
Second Interrogatory - Were you acquainted with Abraham Staley, late of the town of Johnstown, Fulton County, New York (or said to be) deceased? State how long and how intimately you were acquainted with him. Where and when did he die?
Third Interrogatory - Look at the instrument in writing hereunto annexed bearing date the 30th day of September 1865, purporting to be the last Will and Testament of the said Abraham Staley and say whether or not you were present as a witness at the time of the execution of the same? Did you see the said Abraham Staley, subscribe his name to the said instrument, or did he make such subscription or subscribe it by making his mark or cross as and for his signature and subscription thereof in your presence?
Fourth Interrogatory - If, in answer to the last preceding
interrogatory, you shall state that you did not see the said Abraham Staley subscribe his name or make his mark as and for his signature and subscription thereof to the said instrument, or that he did not make such subscription or mark in your presence, did he, at anytime and when acknowledge to you that he had subscribed or made his mark to the said instrument? State if you recollect in what words he expressed to you such acknowledgment.
Fifth Interrogatory - What other persons were present at the time of such subscription or acknowledgment aforesaid, and what conversation took place between the said Abraham Staley and yourself or such other person or persons, or between yourself and such other person or persons or between such other persons in relation to the said Abraham Staley? What statements, declaration or requests were made either by the said Abraham Staley or by such other person or persons respecting the same? Answer fully. State every particular circumstance in detail.
Sixth Interrogatory - Do you know the persons whose names are signed together with your own as subscribing witnesses to the said instrument? State the names. Are they now living, and where they reside and each of them? Did you see them and each of them sign the said instrument as witnesses? And if so, what took place at the time they and each signed the same? Answer fully.
Seventh Interrogatory - What was the state and condition of the said Abraham Staley's mind and memory at the time of the execution of the said instrument? Was he under restraints? Was he in his state of mind competent to the transaction of business? Answer fully and particularly.
Eighth Interrogatory - Do you know of any other matter or thing which may tend to the proving of the said last will and testament? Answer fully.
A.M. Farlau, Atty Counsel for Executors Depositions of witnesses produced, sworn and examined the 26th day of May in the year one thousand eight hundred and sixty six at the office of Wagner and Canfield, in the city of Aurora, Kane County, Illinois under and by virtue of a commission issued out of the Surrogates and County Judge's Court of the County of Fulton and State of New York, being in the matter of the proving of the last will and testament of Abraham Staley, deceased, as follows:
Aaron Staley of Dwight, Livingston County, Illinois, farmer, aged sixty nine years and upwards being duly and publicly sworn pursuant to the directions hereunto annexed and examined on the part of the executors, doth depose said say as follows:
First - To the first interrogatory, he saith, Aaron Staley, Sixty-nine Occupation, farming. Resides two miles from Dwight, in Livingston County, Illinois.
Second - To the second interrogatory, he saith, I was acquainted with Abraham Staley, late of Johnstown, N.Y. Have been acquainted with him ever since I can remember. I was intimately acquainted with him. He was my brother, was with him until he left my father's family. He died in Aurora, Kane County, Illinois the last of September or the first of October, last year.
Third - To the third interrogatory, he saith, It is the same. I was present at the time it was executed. I saw the said Abraham Staley subscribe his name to it, or make his mark the same. He made that mark in my presence.
Fourth - To the fourth interrogatory, he saith, I have said that I saw him make his mark. He did not talk about it afterwards to my recollection.
Fifth - The fifth interrogatory, he saith, that Jacob I. Keck, and Eugene Canfield were present. Abraham, I called him my brother, told me what he would give the different ones, and he told Mr. Canfield who wrote it down in this Will. Mr. Canfield afterwards read it over to him, and he said that was right. To Obadiah, thats his son, he gave four hundred dollars. To Laney, his daughter he gave four hundred dollars. He gave to Mary Ann Welch, his daughter, one hundred and fifty dollars. I am pretty sure to Catharine Steele, his daughter, a widow he gave one hundred and fifty dollars. To Ann Nickloy, he gave one hundred dollars. I am pretty sure she was his daughter. I am most lost, but I believe he gave to Michael Staley, one hundred and fifty dollars. I am not sure but I think it was that. To John N. Staley, he gave fifty dollars. To Adam Staley's family he gave twenty dollars. He told me that he ad done a good deal for them, but he would give them a little something. I am not quite positive about this, but it was that I think. That comprehends the whole I guess. I remember now that he said that his wife should have her maintenance out of the property as long as she lived, if she wanted it. He said that if there was surplus or a deficiency in property from what he calculated, that it should be divided among them proportionately.
Sixth - To the sixth interrogatory, he saith, he knows the persons who signed the Will with himself. Their names are Jacob I. Keck and Eugene Canfield. They are living in Aurora, Kane County, Illinois. Saw both of them sign the instrument as witnesses. Nothing special took place at the time it was signed.
Seventh - To the seventh interrogatory, he saith, The state of Abraham Staley's mind and memory was right at the time the Will was executed. I thought of it and noticed it at the time. He was under no restraint. He was competent to transact business at the time. I took particular notice.
Eighth - To the eighth interrogatory, he saith, I know of no other matter that would tend to the proving of the last Will and Testament of Abraham Staley. Aaron Staley Examination taken, reduced to writing, and by the witness subscribed, and sword on the 26th day of May 1866, before John C. Sherwin, Commissioner.
Jacob I. Keck, of the City of Aurora, County Kane, State of Illinois aged sixty-one years and upwards, farmer, being duly and publicly sworn pursuant to the directions hereunto annexed, examined on the part of the executors, doth depose and say as follows:
First - To the first interrogatory, he saith, my name is Jacob I. Keck. I am sixty-one years of age. I am a farmer. I reside in Aurora, Kane County, Illinois.
Second - To the second interrogatory, he saith, I was acquainted with Abraham Staley, I have been intimately acquainted with him ever since I knew anybody. He died in Aurora, Kane County, Illinois, as near I can recollect about the middle of October.
Third - To the third interrogatory, he saith, I was present at the executing of this deed as a witness. I saw Abraham Staley subscribe his name to this deed, by making a mark or cross.
Fourth - To the fourth interrogatory, he saith, I saw him subscribe his name or make his mark.
Fifth - To the fifth interrogatory, he saith, Mr. Aaron Staley and Mr. Eugene Canfield, were present and no one else. Abraham Staley was asked if the deed was as he wanted it, and he said it was. I heard him make no statements or requests about it. I was there only while it was being subscribed. I went out soon after.
Sixth - To the sixth interrogatory, he saith, I know the persons who signed the deed as witnesses with me. They were Aaron Staley and Mr. Eugene Canfield. Mr. Aaron Staley is living and resides in Grundy County, Illinois. Mr. Eugene Canfield is living in Aurora, Kane County, Illinois. I saw each of them sign their names to the deed as witnesses. Nothing took place as I know of at the time it was signed as I know of.
Seventh - To the seventh interrogatory, he saith, I think that he was as well as he had been for a long time. He answered questions correctly and so on. I think he was all right in mind and memory.
Eighth - To the eighth interrogatory, he saith, I don't know as I know as I know of anything more that would tend to prove the will.
Jacob I Keck Examination taken, reduced to writing, and by the witness subscribed and sworn to this 26th day of May 1866 before John C. Sherwin, Commissioner Eugene Canfield, of the City of Aurora, County of Kane, State of Illinois, an attorney at law, aged twenty-nine years and upwards, being duly and publicly sworn pursuant to the directions hereunto annexed and examined on the part of the executors, doth depose and say as follows:
First - To the first interrogatory, he saith, my name is Eugene Canfield age twenty-nine years, profession that of an Attorney at Law. Residence - Aurora, Kane County, Illinois
Second - To the second interrogatory, he saith, I was slightly acquainted with Abraham Staley, lately deceased, said to be of Johnstown, Fulton County, New York, in his lifetime. I met him, however, but once and that was upon the occasion of the making and execution of a will attached to the Commission, and under which I am being examined in this case. I do not know of my own knowledge where, or when he died, but I am informed and believe the information to be true, that he died at the house of his daughter in the city of Aurora, sometime in the month of October last.
Third - To the third interrogatory, he saith, I have looked at the instrument mentioned as requested, and recognize it, as the last Will and Testament of the said Abraham Staley, deceased. The will was drawn by me at his request and under his directions. I was present as a witness at the time of the execution of the same at the request of the said Abraham Staley. I wrote his name opposite the seal thereon, with the words "his mark" and in his presence. He then made the mark or cross, enclosed by those words, in my presence and stated that he adopted the same as his signature and seal by so doing.
Fourth - To the fourth interrogatory, he saith, In my answer to the last interrogatory, Ihave not stated as is implied in the third interrogatory. I had no conversation subsequent to the execution of the said Will with the said Abraham Staley, in regard to the same except that he desired me immediately after its execution, to seal the same up, and deliver it to his brother, Aaron Staley for safe keeping during his lifetime and remarked to me that he had no money to pay me for drawing the will but that I would be paid by him or someone sometime in the future.
Fifth - To the fifth interrogatory, he saith, Mr. Aaron Staley and Mr. Jacob I Keck, and no other persons were present in the room where Mr. Abraham Staley was at the execution of the will except myself. In an adjoining room there were a number of persons whose names I don't know, but who I was informed were children and grandchildren of the said Abraham Staley. Very little conversation took place at that particular time. The will was executed about seven o'clock in the evening. About two or three o'clock in the afternoon, I was called upon at my office by Mrs. Nickloy, who desired me to accompany her to the house of a sister of hers, in the lower part of the city about a mile distant for the purpose of drawing a will. I went with her to the place indicated and found Mr. Abraham Staley, and a number of children and grandchildren of his and Mr. Aaron Staley, his brother there. Mr. Abraham Staley, Aaron Staley and myself were in a room by ourselves, the other persons being in an adjoining room. Mr. Abraham Staley told me he wished to have me draw his will and then in conversation with myself and Aaron Staley, he proceeded to state how he desired to dispose of his property, and who he desired to have act as his executors. I made memorandums from time to time in regards to the disposition that he desired to make of his property and discussed with him very freely in regards to the best manner of carrying into effect his intentions as expressed by him. Mr. Aaron Staley took considerable part in the conversation. I cannot now recollect what was said as a matter escaped my mind, and I thought nothing further about it. After I had seen the will executed. The will however executed by him and drawn by me, expresses the result of his desires as expressed at that time with regards to the disposition of his property. This interview lasted I should think about an hour. After it was over I took my memorandums, left the house, and returned to my office, drafted the will shown me and which was afterwards executed, and after tea returned. Mr. Aaron Staley and myself were in the room alone, at this last interview that I am now about to describe with Mr. Abraham Staley, for a while. I read over to Mr. Abraham Staley in the presence of Mr. Aaron Staley, very carefully and he listened very attentively to my reading the draft of the will which I had prepared. After I had finished he seemed to consider a moment, and then asked the amount of one of the legacies, which one, I have forgotten. I referred to the will and re-read that portion. He then said that the will was right, just as he wanted it. I then asked him who he desired to have witness the execution of the will. He answered that he would like to have his brother, who was present, myself and Mr. Keck to do so. I stepped to the door and requested Mr. Keck to come into the room where we were. He did so and I closed the door. Either before or after Mr. Keck came in he requested those of us who were present not to disclose the contents of his will to anyone during his lifetime. After Mr. Keck came in as before stated, I placed the will before Mr. Abraham Staley for execution. He desired me to write his name, and said he would affix his mark. I did so, as stated by me in my answer to a former interrogatory and again placed the draft of the will before him, when he made the mark or cross on it. The will I have spoken of is the same attached to the Commission and shown me. I then asked him if he declared that to be his last Will and Testament. Her replied, yes. I then asked him if he desired to have Mr. Aaron Staley, Mr. Keck and myself sign the will as witnesses. He replied, yes. We then did so, in his presence, and in the presence of each other. Either myself or Mr. Aaron Staley then asked him, I think myself, what should be done with the will, or who should have the custody of it. He asked Mr. Staley if he would take care of it for him, and he replied that he would. He then requested me to seal the same up and give it to Mr. Aaron Staley. I did so. He then asked me how much my fee was for drafting the will. I replied two dollars, he then said that he had not the money to pay me by him, but that I should be paid. He then remarked that perhaps it might be necessary to have something further done by me in my professional capacity sometime and desired me in case he died to advise his brother in regard to the proving of the will and render any assistance that might be desired, in the settling of his state. He said he thought that he might not live long, as he was an old man and sick, and if he didn't pay me the estate would. I think that no other conversation took place except what I have related at this interview, except the ordinary salutations when I bade them good evening. I then left the house.
Sixth - To the sixth interrogatory, he saith, I know the persons whose names are signed as subscribing witnesses to said will. Their names are Aaron Staley and Jacob I. Keck, they are both living. Mr. Aaron Staley now resides, as I am informed at Dwight, Livingston County, Illinois. At the time of the execution of the will he resided in DuPage County, Illinois. Mr. Keck resides in this city, that is in Aurora, Kane County, Illinois. I saw both of them subscribe their names to the will as witnesses. I have already answered what took place at the time in my previous answers and refer to them to avoid repetition.
Seventh - To the seventh interrogatory, he saith, I necessarily paid particular attention to Mr. Abraham Staley, at the time of the execution of the Will and at the former interview in the afternoon. He appeared to be an old man, quite an old man, and seemed to be quite ill. I thought however at the time to be in the full possession of his mental faculties, and should say that he was of sound and disposing mind and memory at the time of the execution of said instrument. He was under no restraint as far as my knowledge, information or belief extends. As far as his mind and memory were concerned he was competent to transact business, as far as I am a judge.
Eighth - To the eight interrogatory, he saith, I know of nothing further except as herein before stated.
Eugene Canfield Examination taken reduced to writing and by the witness subscribed and sworn to this 26th day of May 1866 before John C Sherwin, Commissioner Fulton County, S.S. Recorded the preceding last Will and Testament of Abraham Staley, deceased, as a Will of Real and Personal Estate, together with the proofs taken in the Surrogates Court, of Fulton County relating to said last Will and Testament, which record is hereby signed and certified, by me pursuant to the provisions of the Revised Statutes this 4th day of June in
the year 1866.
John Stewart
County Judge
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1786 - 1865 (79 years)
