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Wills
Be it remembered that on the 14th day of April 1910, Florence Brien the Executrix named in the last Will and Testament of Henry Brien late of the City of Middletown in the County of Orange, deceased, who died on the 26th day of March 1910 presented to the Surrogate's Court of the said County of Orange a written petition duly verified praying that said last Will and Testament be proved. a Citation was thereupon issued by the Surrogate of the said County of Orange citing the persons mentioned in said petition who did not waive the issuance and service of a Citation as being the only person required by law to be cited to appear before said Surrogate at his office in the Village of Goshen in said County of Orange on the 25th day of April then instant to attend the probate of said last Will and Testament. And said Citation having been duly appointed by an order of said Surrogate to take care of the interests of the minor in this proceeding, and said Special Guardian having duly appeared in person, such proceedings were thereupon had that said last Will and Testament was duly admitted to probate by said Surrogate, which said last Will and Testament, proofs and decree admitting said last Will and Testament to probate are as follows, that is to say:-
LAST WILL AND TESTAMENT.
I, I, Henry Brien, of the City of Middletown, in the County of Orange, and State of New York, being of sound mind and memory, do make, publish and declare this my Last Will and Testament, in manner following, that is to say:
FIRST: I direct that all my just debts and funeral expenses be paid.
SECOND: I give and bequeath to my beloved son Henry Brien, Ten dollars.
THIRD: I give and bequeath to my beloved son Eddie D. Brien, Ten dollars.
FOURTH: All the rest residue and remainder of my property real, personal and mixed, of every name and nature, I give, devise and bequeath to my beloved wife Florence Brien to be hers while she remains my widow. In case of the death or marriage of my said wife I give devise and bequeath the shar and portion of my property herein-before devised and bequeathed to her, to my beloved daughter Ennis Brien.
FIFTH: I hereby give my executrix herein-after named, full power to sell, mortgage or lease the whole or any part of my property hereby devised and bequeathed, and to execute any conveyance lease or writing for that purpose.
LASTLY, I hereby appoint my said wife Florence Brien, executrix of this, my last Will and Testament: hereby revoking all former wills by me made.
IN WITNESS WHEREOF, I have hereunto subscribed my name the twenty-sixth day of March in the year One thousand nine hundred and eight.
Henry Brien (L.S.)
We, whose names are hereto subscribed, DO CERTIFY, that on the 26th day of March 1908, Henry Brien, the testator, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the said date and write opposite our names our respective places of residence.
Cuno Musback, residing at Middletown, N.Y.
J.F. Bradner, residing at Middletown, N.Y.
Orange County Surrogate's Court
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In the Matter of Proving The Last Will and Testament State of New York,
of Orange County, as:
Henry Brien, Deceased
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Cuno Musback and John F. Bradner of the City of Middletown in the County of Orange, having on this 25th day of April in the year one thousand nine hundred and ten personally appeared before Hon. John B. Swezey, the Surrogate of the County of Orange, and being by the said Surrogate duly sworn and examined, depose and say, and each says, that he was well acquainted with Henry Brien late of the city of Middletown in said county of Orange, deceased; that they were present as witnesses and did see the said Henry Brien now deceased, by writing his name subscribe at the end thereof, the instrument now produced and shown to deponent purporting to be the Last Will and Testament of the said Henry Brien deceased, bearing date 26th day of March in the year one thousand nine hundred and eight; that such subscription was made by the said Henry Brien now deceased, in the presence of the deponents the attesting witnesses to said Will; that the said Henry Brien at the same time declared to said witnesses the instrument so subscribed by him to be his last Will and Testament; whereupon the deponents each signed his name at the end of the said Will at the request of the said testatrix now deceased; that each so signed in the presence of the said deceased and of each other, and that the said Henry Brien at the time of executing and publishing the said last Will and Testament was of full age, of sound mine and memory, and not under any restraint and was a citizen of the United States.
Sworn, examined and subscribed before me Cuno Musback
this 25th day of April A.D. 1910 John F. Bradner
John B. Swezey
Surrogate
At a Surrogate's Court held in and for the County of Orange
at the Surrogate's Office in Goshen on the 25" day of April
1910.
Present, Hon. John B. Swezey, Surrogate
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In the Matter of Proving the Last Will and Testament
of
Henry Brien, Deceased
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The Citation in this matter having been duly issued, served and returned, such proceedings were thereupon had that the proofs were duly taken; and the allegations of the parties appearing having been heard, and the Surrogate having inquired particularly into all the facts and circumstances, and being satisfied of the genuineness of the Will, the validity of its execution and the competency of the testator and the probate of said Will not having been contested:
IT IS ADJUDGED, that the instrument offered for probate in this matter is the Last Will and Testament of the said testator and as such is valid as a Will of real and personal property, and the same is hereby admitted to probate as a Will of real property, and that Letters Testamentary be issued thereon to the Executrix who may qualify thereunder.
John B. Swezey
Surrogate
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