Note: The following will of Theron M. Whipple was transcribed by Brian Butters (brian.butters@zzapp.org) and submitted to the Whipple Website on March 20, 1999. Brian identifies Theron M. Whipple as follows:
Theron M. WHIPPLE, b. Mar 3, 1834, PA (possibly Susquehanna Co.); d. Dec 4, 1908; m(1) Eunice WATKINS; m(2) Mary ?. He is a son of John and Phoebe.
At a Surrogate's Court, held in and for the County of Cattaraugus, at
the Surrogate's Office in Salamanca on the 28th day of December A.D.
1908.
In the Matter of Proving the Last Will and Testament of Theron M.
Whipple, Deceased.
Present: Carey D. Davie, Surrogate.
On the 28th day of December A.D. 1908, Gilford Whipple, executor named
in a certain instrument in writing, purporting to be the Last Will and
Testament of Theron M. Whipple late of the town of Little Valley in
said county deceased, applied in this Court to have the said
instrument, which relates to real and personal estate proved as the
Last Will and Testament of the said deceased; and thereupon the
Surrogate of said County did ascertain by satisfactory evidence the
facts required by law. On the day and place last aforesaid, due proof
by affidavit was produced and filed in said Court, of the waiver
Citation in the mode prescribed by law and the said applicant appeared
in person and no other parties or persons appearing, such proceedings
were thereupon afterwards had on the said 28th day of December A.D.
1908 that the said Surrogate took the proof in support of the said
instrument as follows:
Surrogate's Court, County of Cattaraugus, SS:
In the Matter of Proving the Will of Theron M. Whipple, Deceased, R.N.
Forbes and C.F. Buckmaster of the Village of Salamanca in the County of
Cattaraugus aforesaid, being duly sworn, do depose and say that they
are the subscribing witnesses to the Last Will and Testament of Theron
M. Whipple late of the town of Little Valley in the County of
Cattaraugus aforesaid, deceased. And these deponents further say that
the said Theron M. Whipple the said testator did, in the presence of
these deponents subscribe his name at the end of the instrument which
is now shown and exhibited to these deponents which purports to be the
Last Will and Testament of the said Theron M. Whipple and which bears
date on the 27th day of May (1905) in the year of our Lord one thousand
nine hundred and five. And these deponents further say that the said
testator did, at the said time of subscribing his name as aforesaid, at
the end of the said Will, declare the said instrument so subscribed and
now exhibited to be his Last Will and Testament; and these deponents
did thereupon subscribe their names at the end of the said Will as
attesting witnesses thereto, in the presence and at the request of the
said testator. And these deponents further say that at the said time
when the said testator subscribed his name to the said Last Will as
aforesaid, and at the time of these deponents subscribing their names
as attesting witnesses thereto as aforesaid, the said testator was of
sound mind and memory, of full age to execute a will, and was not under
any restraint. And that the said Will now appears in all respect as
when so executed, without any alteration whatsoever.
Signed: R.N. Forbes
C.F. Buckmaster
Subscribed and sworn to this 28th day of Dec. 1908 before me.
P.A.Beach, Clerk of the Surrogate's Court of Cattaraugus County
Last will and testament of Theron M. Whipple of the town of Little
Valley, County of Cattaraugus and State of New York.
I, Theron M. Whipple of the town of Little Valley aforesaid, being of
sound and disposing mind and memory and desirous of making a fair and
just distribution of my estate at the time of my death to [sic] hereby
make, publish and declare this to be my last will and testament hereby
revoking all former will by me made, that is to say:
First: I direct the payment of all my just debt if any and my funeral
expenses.
Second: I give and devise unto my wife, Mary Whipple, for and during
the term of her natural life or until the time of her remarriage after
my death, the house and lot now owned by me in the village of Little
Valley. Also the use during here [sic] life time of the horse, bugy
[sic], and harnesses now owned by me. Also the use during her life time
or until she remarries of the one third part of the balance and
remainder of my personal estate the same to be accepted by her in lieu
of dowers and all other interest in my said estate.
Third: All the rest and remainder of my estate both real and personal
of every kind and nature I give and bequeath and devise unto my four
children viz. Gilford Whipple, Mosella Mearow, Cora Kennicutt, and
Ellen Benson share and share alike.
Likewise, I hereby appoint my said son Gilford Whipple to be the
executor of this my last will and testament.
In witness whereof I have hereunto set my hand and seal this 27th day
of May 1905.
T.M. Whipple, L.S.
We the undersigned do hereby certify that Theron M. Whipple the
testator above named signed his name to the foregoing will in our
presence and in the presence of each of us and he at the same time
declared the said instrument so subscribed by him to be his last will
and testament and thereupon requested us and each of to sign our names
thereto as attesting witnesses which we hereby do in his presence and
in the presence of each other and write opposite our names our
respective places of residence.
R.N. Forbes, Residing at Salamanca, NY
C.F. Buckmaster, Residing at Salamanca, NY
In the Same Matter:
On reading and filing due proof of the waiver of the citation in this
matter, and upon due proof of the execution of the paper propounded as
the Last Will and Testament of Theron M. Whipple late of the town of
Little Valley in said County, deceased, bearing date the 27th day of
May 1905 the petitioner appearing in person and none of the other heirs
at law or next of kin appearing, and there being no infant, heir at law
or next of kin of said deceased that the said will was duly executed,
that the testator at the time of executing the same was of full age for
making a will, was of sound mind and memory, and not under restraint,
and in all respect competent to devise real estate, and the probate
thereof not having been contested;
It is ordered, adjudged and decreed that the said paper purporting to
be the Last Will and Testament of the said Theron M. Whipple deceased,
was duly executed to pass real and personal estate, and that the same
with the proofs thereof be recorded and admitted to probate as a Will
of real and personal estate.
Witness Carey D. Davie, Surrogate, and seal of the Court the day and
year first above written.
Signed: Carey D. Davie, Surrogate