Note: The following will of Theron M. Whipple was transcribed by Brian Butters (email@example.com) 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
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