Note: The name, Ella Mentz, written in the will is
really Ella Metz.
Libbeus Allen Testator
At a Surrogate's Court, held in and for the County
of Genesee, at the Surrogate's Office in the Town of
Batavia, in said county, on the 13th of February in
the year of our Lord one thousand eight hundred and
eighty eight
Present Myron H Peck
Genesee County }ss,
Be it remembered, that heretofore, to wit: on the
16th of December in the year of our Lord one thousand
eight hundred and eighty seven William Allen Executor
named in the Last Will and Testament of Libbeus Allen
late of the town of Oakfield, in the county of Genesee,
deceased, appeared in open court before the Surrogate
of said county, and made application to have said Last
Will and Testament, which relates to real and personal
estate, proved; and on such application the Surrogate
did ascertain, by satisfactory evidence, who were the
heirs and next of kin of the Testator, and their respective
residences.
And said Surrogate did thereupon issue such a
citiation in due form of law, directed to John Jerome
Allen one of the heirs and next of kin by his name his
place of residence being unknown, requiring him to appear
before the said Surrogate at his office in the town of
Batavia, in said county, on the 13th day of February 1888,
to attend the probate of said Will.
And afterwards on the 13th day of February afore-
said, satisfactory evidence by affidavit was produced
and presented to said Surrogate, of the due service of
said citation, in the mode prescribed by law, and said
William Allen Executor as aforesaid, appeared for the
purpose of proving said Will and the remaining heirs and
next of kin being of full age and having duly in writing
waived the issue and service upon them as aforesaid of
a Citation to appear in this Court and attend to the
probate of such Will and no one appearing to contest the
probate of such Will, such proceedings were thereupon
had, that the Surrogate took the proof of said Will
hereinafter set forth, upon this 13th day of February
A. D. 1888, and adjudges the same to be a valid
Will of real and personal estate, and the proofs there-
of to be sufficient, which said last Will and Testament
and proofs are as follows, that is to say:
The Last Will and Testament of Libbeus Allen of
the Town of Oakfield Genesee County New York
After the payment of all my debt, and funeral
expenses I dispose of my property as follows:
First I give and bequeath to my son Walter Allen
five dollars; to my daughter Jane Soule fifty dollars;
to my son John Jerome Allen five dollars; to my daughter
Laura Kennedy fifty dollars
Secondly I give and bequeath to the children of
my said daughter Laura Kennedy living at the time of
my decease, the sum of two thousand dollars to be divided
equally between such children living at the time of my
decease.
Thirdly All the rest and residue of my property I
direct to be divided into nineteen shares. One share I
give to my son William Allen; one share I give to his
wife Rebecca Allen; one share I give to my grand children
Jennie Williams and Allen Williams to divided equally
between them; one share I give to my granddaughter
Jennie Clark; one share I give to my grandson Frank
Allen; one share I give to my son Seneca Allen; one
share I give to his wife Maria Allen; one share I give
to his daughter Retta Allen; one share I give to my
grandson Walter Allen son of said Seneca; one share
I give to my Great grandchild Lelana Ware; to Electa
Allen wife of my son Walter Allen I give one share; to
his son Clair Allen I give one share; to his daughter
Lycia Musgrove I give one share; to his daughter Ella
Mentz I give one share; to his daughter Edith Allen I
give one share; and to his son Wade Allen I give one
share; to Elgina Allen wife of my son John Jerome Allen
I give one share; to Jennis Moore daughter of said John
Jerome, I give one share and to Cora Meeker daughter
of said John Jerome I give one share
And in case any of the foregoing legatees shall
or may have any legal account against my estate the
same shall be deducted from the share or legacy herein
before bequeathed to him or her
I appoint as the executor of this will hereby
revoking all former wills by me made my son William
Allen and hereby authorize and empower him to sell and
convey all the real estate that I may own at my decease
as soon after my decease as can be done without
sacrifice thereto and convert the same into personal
property which is to be added to my other personal property
and the whole to be disposed of as hereinbefore provided
by this will.
In Witness Whereof I have hereunto set my hand
and seal this 7th day of December 1883--
Libbeus Allen (L?)
The foregoing instument was as the date thereof sub-
scribed by the above named Libbeus Allen in our presence
and he declared the same to be his last Will and Testament
and requested us to sign our names as witnesses which we do
in his presence.
H Bleoni Batavia, Genesee Co. NY.
Harriet M Cone, Batavia, Genesee Co. NY.
Genesee County--Surrogate's Court
In the matter Proving the Last Will and Testament of Libbeus
Allen deceased, }Genesee County--ss.
Hobart Bleoni and Harriet M Young formerly Harried M Cone
of the town of Batavia in said County being first duly
sworn and examined before the Surrogate of said County,
in open Court do depose and say that they were well acquainted
with Libbeus Allen late of the town of Oakfield in said
County, deceased, that they are subscribing witnesses to
the instrument purporting to be the last Will and Testament
of the said decedent, now shown and exhibited to him
And these deponents further say, that the said
decedent did in their presence subscribe his name at
the end of the instrument which is now shown and ex-
hibited to them and offered for probate, and which
purports to be the last Will and Testament of the
said decedent, and which bears date the 7th day of
December in the year of our Lord one thousnad eight
hundred and eighty three; that the said decedent,
at the time of subscribing his name to the said
instrument as aforesaid, did declare the said instrument
so subscribed, to be his last Will and Testament;
and these deponents did thereupon severally subscribe
their own names at the end of said instrument as at-
testing witnesses to the execution thereof, at the
request and in the presence of the said decedent, an
in the presence of each other; that said decedent, at
the time of subscribing his name to the said instrument
as aforesaid, was upwards of twenty-one years of age;
that he appeared to be of sound mind and memory, and
in all respects competent to devise real and to bequeath
personal estate and that he was not under any restraint
to the knowledge or belief of these deponents; and that
said last Will and Testament was so executed and published
on or about the 7th day of December in the year of our
Lord one thousand eight hundred and eighty three.
Subscribed, sworn and examined this 13th} Hobart Bleoni
day of February A.D. 1888, before me. }
Hattie M Young
M H Peck Surrogate.
GENESEE COUNTY }
SURROGATE'S COURT }
It appearing on the proofs duly taken in respect
to the last Will and Testament of Libbeus Allen late
of the town of Oakfield, in the County of Genesee, deceased,
that the said Will was duly executed and the said Libbeus
Allen at the time he executed the same was in all respects
competent to devise real and to bequeath personal estate,
and not under restraint; the said Will and Testament and
the said proofs and examinations now here recorded, are
signed and certified by me pursuant to the provision of
the laws of this State, on this 13th day of February in
the year of our Lord one thousand eight hundred eighty eight.
Myron H. Peck, Surrogate
Source: Last Will and Testament of Libbeus Allen of Oakfield,
Genesee County, New York Transcribed from SAMPUBCO by Leland
Allen Musgrove Genesee County, New York, NY, Will Book Vol.
20, Page 55
submitted by Leland Allen Musgrove (leemus @ sbcglobal.net)
