Wednesday, June 23, 2010

The Will of Rebecca Akins - Part 2, OK Here's the Actual Will

Welcome back! For those of you following along, my last post forced lots of back story on you about my Rebecca AKINS. And now, here's a transcription of her actual will:

Aug. 4, 1900.

KNOW ALL MEN BY THESE PRESENTS, That I, Rebecca Akins, of the Town of Barton, County Tioga, and State of New York, being in sound mind, memory, and understanding, do make and publish this my last Will and Testament hereby revoking and making void all former Wills by me at any time heretofore made.


After all my debts and obligations shall have been paid and all my funeral expenses settled then I give to my Grand-daughter, Julia E. Griffiths, all the residue of my personal property whatsoever; all my house-hold goods of every description, beds, bedding, carpets, couches, tables, chairs, musical instruments, dishes, knives & forks, spoons, pails, all tin-ware, and all goods mentioned and not mentioned which I may possess at my death. Also all my calves, hogs, horses, harnesses, wagons, sleighs, hay and grain and every thing of value or of no value do I give to her for she has been a kind and an affectionate daughter and has kindly cared for me in my declining years.


Rebecca Akins
by Sada Akins



All righty, so....

1. Julia E. Griffiths is Rebecca's grand-daughter through Rebecca's son John F. AKINS and his first wife, Gertrude BOWMAN. How sweet that Rebecca notes that Julia "kindly cared" for her!

2. From what I can tell, Julia lived with her grand-parents George and Rebecca since at least age 8, as she showed up in numerous federal and state census records with them.

3. I wish I wish I wish that Rebecca had specified what musical instruments she had laying around.

4. How COOL that she had a sleigh to leave to Julia! My grandmother used to tell me about the winters in NY back in the day. I've never ridden in a horse-drawn sleigh, I'm going to have to add it to my to-be-bucketed list!

5. Rebecca signed it with a "mark". And who "Sada" is, I have NO idea.


And now here's what I am really happy about! The probate part of the will I have mentions by name my great-grandmother Cornelia AKINS. In the transciption below I left out the worst of the legal-ese.

Last Will and Testament of Rebecca Akins, deceased

Be it remembered, that heretofore, on the 10th day of October, in the year 1900, Julia E. Griffiths, legatee, named in the Last Will and Testament of Rebecca Akins, late of the Town of Barton, in the County of Tioga, now deceased...

...requiring them to appear before him, at his office in the village of Owego, in said County of Tioga, on the 29th day of October, 1900, to attend the probate of such will.

And afterwards, to wit, on such 29th day of October, 1900, due proof being filed of the service of such citation, on all parties to whom the same was directed except Geo. T. Akins;

The proponent appeared by F. A. Bell, Esq., her Attorney and filed a duly executed affidavit showing failure to obtain service of the citation on Geo. T. Akins as aforesaid, and Fred W. Clifford, Esq., having been appointed the Special Guardian for Charles and Cornelia Akins infant parties herein a supplemental citation was thereupon issued to said Geo. T. Akins and on this 7th., day of January 1901, said Geo. T. Akins having filed a duly executed waiver of the issue and service of a citation herein, and no one opposing; Thos. Bennett and J. L. Bennett appeared and gave their testimony in support of said Will as one of the attesting witnesses to the execution thereof.



and more later on....


J.L. Bennett
Thomas Bennett

Surrogate's Court.
In the Matter of Proving the Last Will and Testament of Rebecca Akins

J.L. Bennett and Thomas Bennett, being duly sworn in open court, upon their several corporeal oaths, each for himself doth depose and say that they are subscribing witnesses to the Last Will and Testament of Rebecca Akins, late of the Town of Barton, in the County of Tioga and State of New York, deceased. And these deponents do further say, that the said Rebecca Akins, deceased, did, in the presence of each of these deponents, subscribe her name (by mark) at the end of the instrument, in writing, which is now here shown to these deponents, and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 4th day of Aug., one thousand nine hundred.

Subscribed to and sworn to before me this 7th day of January 1901, Howard J. Mead, Surrogate.

...on all parties to whom the same was directed except Geo. T. Akins. The proponent appeared by F. A. Bell Esq., per Attorney and filed a duly executed affidavit showing failure to obtain service of the citation on Geo. T. Akins as aforesaid, and Fred W. Clifford, Esq., having been appointed the Special Guardian for Charles and Cornelia Akins infant parties herein a supplemental citation was thereupon issued to said Geo. T. Akins and on this 7th., day of January, 1901, said Geo. T. Akins having filed a duly executed waiver of the issue and service of a citation herein, and no one opposing; Thos. Bennett and J. L. Bennett appeared and gave their testimony in support of said Will as attesting witnesses to the execution thereof, and Julia E. Griffiths having taken and filed the statutory oath for administrators-with- the- Will-annexed,...

...And it is further ordered that upon said Julia E. Griffiths filing the usual bond in the amount of $400.00 Letters of Administration with-the-Will-annexed issue thereon.



For those of you who plowed through that:

1. "Geo. T. Akins" is George T. AKINS, a grandson to Rebecca (brother to Julia). He was not around I think to get the first citation for this will because he had moved to Nebraska. A couple of the AKINS' children from John F.'s first marriage moved to Nebraska for a while around 1900. Most eventually moved back to the Tioga County area in NY.

2. Charles and Cornelia, "infant parties" are of course, my great-grandmother and great-uncle (Rebecca's grandchildren from her son John F.'s 2nd marriage). At the time of this probate, they were age 12 and 13, respectively.

3. I'm no lawyer, and certainly no expert especially on early 20th century will legal-ese, but it seems to me that there was some sort of concern about guardianship for the 2 youngest kids of John (seeing as how he was already dead, in case you didn't read the last post). Why this would be a concern, I'm not sure, since they would have been living with their Mom and her new husband, the widower Joe QUICK. Unless of course, I'm on the right track about Hattie maybe not being the best mom ever? So maybe there was concern about their well-being? I just don't know. I could be saying mean things about Hattie for no reason (and if that's the case, sorry great-great-grandma!!!!).

4. Holy cow, Julia had to pay $400 in the year 1900???? What's up with that? According to one of my favorite historical currency conversion websites, that's like 10 GRAND!!!!


And so, that's the will and probate info on my great-great-great-grandma, Rebecca AKINS. I'm not 100% sure what all it says, but I don't mind because it's got Cornelia's name in there! Yay!!

Also, just a note: I'm going to start using "to wit" more in my writing, especially in my work emails as in:

Hi John!

So I was wondering if you had ever heard back from John, to wit, the other John, not you, about the country question.

Let me know if you have, to wit.

Kind to wit Regards,

Leah

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