Many thanks to Emily McBride who has generously donated the following Wills and Surrogate Records. Her sharing is deeply appreciated.  Please contact Emily if you are looking for futher information.



Will of Thomas Kerr




Record of Thomas Kerr’s Will

I Thomas Kerr of the town of Seneca, County of Ontario and State of New York and farmer by occupation, make this my last will and testament.  I give, devise and bequeath my estate and property both real and personal, as follows.  That is to say – I give, devise and bequeath to my son Thomas Kerr, Jr. all the property I may own or possess at the time of my death, both real and personal, my farm with all the stock and farming utensils, and all money notes and other personal property, with the following conditions.  Namely, that the said Thomas Kerr Jr. my son shall first pay my funeral expenses, and all just debts that may arise against my estate:  and further the said Thomas Kerr Jr. my son shall give or pay my daughter Mary Kerr one thousand dollars; my daughter Jane Pybus five hundred dollars, my daughter Margaret Means five hundred dollars, my daughter Agnes Means five hundred dollars, my daughter Elizabeth Taylor five dollars, and my son William Kerr five dollars, and further, if I should die before my wife, the said Thomas Kerr Jr. my son is to keep care for furnish and support my wife, his mother all her necessary living, and medical care, her natural lifetime.  I appoint my son Thomas Kerr, Jr. my son to be my executor of this my last will and testament.  In witness whereof I have hereunto signed and sealed and declared and published and the same as, and for my last will and testament, at the residence of W. A. Squier of Gorham, Ontario County, NY this 20 day of December, 1883.
                            Thomas Kerr.  Seal.

The above said Thomas Kerr, sen. At the said residence of W. A. Squier of Gorham, Ontario County NY, on the said 20 day of December 1883 signed and sealed this instrument and published and declared the same as and for his last will and testament, and we in his presence, and at his request, and in the presence of each other, have hereunto, have subscribed as witnesses our names.
W. A. Squier       }
Ann E. Squier       }Witnesses

I hereby certify the foregoing to be a true copy of the will of Thomas Kerr, deceased, proved before me.  Recorded and compared, the 15th day of April 1889.
                                D.  H. Lapham
                                    Surrogate

­­
To the Surrogate’s Court of the County of Ontario:

    The petition of Thomas Kerr of the Town of Seneca in the County of Ontario respectfully shows:
    That Thomas Kerr late of the Town of Seneca in the said County of Ontario, deceased, died in the said Town of Seneca on or about the 6th day of January in the year of our Lord one thousand eight hundred and eight-nine being at that time a citizen of the United States and a resident of the County of Ontario; that he died, leaving a last Will and Testament, which is now produced in the Surrogate’s Court of the said County of Ontario, before the said Surrogate, which bears date the 20th day of December A.D., 1883 which affects, or purports to affect, both real and personal property, and by which said last Will and Testament the said decedent nominated and appointed your petition the said Thomas Kerr the sole executor thereof; that the said decedent died possessed of real and personal property in the said County of Ontario, which does not exceed in value about $----------------- and that the following named persons are all the heirs-at-law and next of kin of the said decedent, and their respective places of residence are as follows, viz.:

Elizabeth Taylor residing in Gorham in said County of Ontario
William Kerr residing in Hastings Adams Co. Nebraska
Jane Pybus residing in Gorham aforesaid
Agnes Means residing in Seneca aforesaid
Margaret Means residing in Seneca aforesaid
Mary Kerr residing in Minneapolis Minnesota and
Thomas Kerr your petitioner aforesaid who are all children of said decedent.

Who are all of full age and of sound mind, that said decedent left no window nor any descendants of deceased children him surviving.

Wherefore, your petitioner prays, that the said last Will and Testament may be proved, and letters testamentary granted thereon according to law, and that the above-named heirs and next of kin of said decedent may be cited to attend the probate thereof; and for such other or further order in relation to the proof of said will or the service of said citation, as may be just and proper.
    Dated January 29 1889.            Thos Kerr




Will of Mary Kerr




Last Will and Testament

    I, Mary Kerr of the Town of Gorham in the County of Ontario 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 it to say:
     First.    I direct all of my just debts and funeral expenses be paid and a suitable
marker be placed on my grave.

     Second.    I give devise and bequeath to Seneca Number Nine Cemetery association
two hundred dollars ($200.00) which is to be held in trust by said association and invested in good securities.  The interest there from or such part of the interest which is necessary each year to give special care of my father’s lot known as the Thomas Kerr lot in said cemetery.

     Third.    The residue and remainder of my estate I give and bequeath the income
there from to my brother Thomas Kerr of Canandaigua N.Y. during the
term of his natural life and immediately after his decease it is to be equally
divided among the following named nephews and nieces they to share and
share alike.

John K. Pybus               Canandaigua NY
Mrs. Mary Lewis           Canandaigua NY
Mrs. Jean Kindleberger  Stanley NY
J. Murry Means             Geneva NY
Mrs. Jane Dahlgren        Chicago Ill
Thomas K. Means         Geneva NY
Mrs. Harriet Kendall      Newton Center Mass
Mrs. Louise M. Reid      New York City
Walace G. Means          Geneva NY
Mrs. Margaret Kean      Geneva NY
Stewart M. Kerr            Canandaigua NY

In the event of the death of any of the above named nephews or nieces who have no children their share or shares is to be equally divided among the surviving nephews or nieces above named.

     Lastly I hereby appoint Charles L. Crosier executor of this, my last Will and Testament:  hereby revoking all former will by me made.
     In Witness Whereof, I have hereunto subscribed my name the 22 day of February in the year Nineteen Hundred and Twenty-Nine
                            Mary Kerr

     We, whose names are hereto subscribed, Do Certify that on the 22nd day of February 1929 the testatrix above named, subscribed her 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 her 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 testatrix and of each other, on the day of the date of the said Will, and write opposite our names our respective places of residence.

Inez Bateson residing at Gorham, N.Y.

James L. Bateson residing at Gorham, N.Y.



Will of Harriet B. Means




Last Will and Testament of Harriet B. Means

    I, Harriet B. Means, residing at the City of Geneva, County of Ontario and State of New York, do hereby make, publish and declare this my Last Will and Testament in manner following:

    FIRST.  I direct the payment of all my just debts and funeral expenses.

    SECOND.  I give and bequeath to the Geneva Free Public Library of the City of Geneva, New York, the sum of $10,000.

    THIRD.  I give and bequeath to the North Presbyterian Church of Geneva, New York, the sum of $10,000.

    FOURTH.  I give and bequeath to the Seneca Cemetery Association, being the Association having charge of the maintenance of what is known as the “New Number Nine Cemetery”, the sum of $1,000 for the perpetual care of the Means Cemetery Lot, being Lot No. 128 and the preservation of the mausoleum thereon.

    FIFTH.  I give and bequeath to the Geneva Free Library of the City of Geneva, New York, so many (or all) of my books as the Library may select and designate.  Whatever books (if any) which may remain after such selection and designation, I give and bequeath to my nephew, Robert B. Capron.

    SIXTH.  I give and bequeath the sum of $3,000 to the Reverend John C. Laske and Ruth L. Laske, his wife, or the survivor of them.

    SEVENTH.  I give and bequeath my engagement ring to my great-niece, Harriet Lois Capron.

    EIGHTH.  I give and bequeath all of my personal effects, jewelry (except my engagement ring), household furniture and furnishings to my nephew, Robert B. Capron.

    NINTH.  I give, devise and bequeath my residence at No. 156 N. Brook Street, Geneva, New York, and the sum of $10,000 to Charlotte A. Bennett in appreciation of her faithful services.

    TENTH.  I give and bequeath to my cousin, Annie Louise Osgood, the sum of $3,000.

    ELEVENTH.  I give and bequeath to my brother, Frederick W. Burbank, the sum of $2,500.

    TWELFTH.  During his lifetime I received from my late husband, J. Murray Means, various securities which had a total value of approximately $50,000.  These securities were deposited by me in an agency or custody account with the Rochester Trust and Safe Deposit Company, now known as Lincoln Rochester Trust Company.  The securities above referred to were given to me outright and without any restriction or reservation.  The agency or custody account is designated as No.94978 CA, Harriet B. Means, Special B.  From time to time changes have been made in the securities in this account.  Upon my death I direct my Executor to convert all of the securities then held in said account into cash and I direct that the entire principal of said account and all accumulated income therefrom shall be disposed of as follows:

    The sum of $5,000 each to Harriet Means Kendall and Jane Means Dahlgren, and if either shall predecease me, then the legacy herein given to the one so dying shall be added to the balance of said account and disposed of as next hereinafter provided.

    I direct that the balance of said account shall be divided into twelve equal parts and I give and bequeath one such equal part to each of the following:

Anne Kendall Scowcroft and Henry Stearns Kendall, children of Harriet Means Kendall.

Florence Mabel Means, John Robert Means, and Kenneth Charles Means, children of Wallace G. Means.

Ruth Louise Means Langstaff and Patricia Means Kramer, (formerly Alice Patricia Means), children of Kenneth D. Means.

    Georgia Sherwood Lightbody, daughter of George S. Means.

    Mary Jean Kindelberger Workman, daughter of Jean Pybus Kindelberger.

    Olive Ruth Saunderson and Martha Jean Carpenter, daughters of Charles Pybus.

    Howard Pybus, son of John Pybus.

    If any of the beneficiaries named in the foregoing paragraph shall predecease me leaving issue me surviving, then such issue shall take per stirpes the share of the one so dying and in default of such issue, then such share shall be divided among the surviving beneficiaries above named and the issue me surviving of any deceased beneficiary, such beneficiaries to take per capita and such issue to take per stirpes.

    THIRTEENTH.  All the rest, residue and remainder of my property and estate, both real and personal, I give, devise and bequeath to my nephews, Carlton L. Morse, Wallace W. Morse, Prescott B. Morse, Richard M. Burbank and Robert B. Capron, and to my niece Eleanor C. Arell, share and share alike.

    If any of the beneficiaries named in this paragraph shall predecease me leaving issue me surviving, then such issue shall take per stirpes the share of the one so dying and in default of such issue, then such share shall be divided among the surviving beneficiaries herein named in this paragraph and the issue me surviving of any deceased beneficiary, such beneficiaries to take per capita and such issue to take per stirpes.

    FOURTEENTH.  I direct that none of the legacies provided for in this Will shall be a charge upon any real property which I may own.

    I direct my Executor to pay out of my residuary estate without apportionment, all the State, inheritance and similar taxes imposed by the Government of the United States or by any State or Territory thereof or by any foreign government or political subdivision thereof in respect of all property required to be included in my gross estate for estate tax purposes, whether such property passes under this Will or otherwise and including property over which I may have a power of appointment without contribution by any recipient of such property.

    LASTLY, I hereby nominate and appoint Lincoln Rochester Trust Company, a banking corporation with a place of business at Geneva, New York, Executor of this my Last Will and Testament.  I hereby revoke all former Wills by me made and I direct that no bond or other undertaking shall be required of my Executor for the faithful discharge of its duties as such.

    IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 31 day of January, 1964.

                                Harriet B. Means (LS.)

    We, whose names are hereto subscribed, DO CERTIFY, that on the 31 day of January, 1964, HARRIET B. MEANS, the testatrix, subscribed her name to this instrument, typewritten on five half sheets of paper, including this sheet, 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 her 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 testatrix and of each other, on the said date and write opposite our names our respective places of residence.

Mary S. Gregory residing at Geneva, N.Y.

David Gregory residing at Geneva, N.Y.




Return to the Ontario County GenWeb Homepage

                Copyright © 2008, Ontario County NYGenWeb and each contributor and author of materials herein. All rights reserved.