Source: Probate File of Josephine E. Parello #320, located at the Surrogate Court, Stanton Road, Indian Lake, Hamilton Co., NY, copied 19 Aug 2004
Last Will and Testament
I Josephine E. Partello of the town of Morehouse in the County of Hamilton 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 is to say:
First - I direct that all my just debts and funeral expenses be paid.
Second - Whereas my son Eugene T. Partello has for a number of years cared for and supported me and several of my minor children his brothers and sisters, I do here by in justice to him give devise and bequeath all my real and personal property to him the said Eugene Partello to be his property absolutely and forever.
Lastly, I hereby appoint Eugene T. Partello executor of this, my last Will and Testament: hereby revoking all former wills by me made.
In Witness Whereof, I have hereunto subscribed my name the 17th day of September in the year One thousand nine hundred and twelve
[signed] Josephine E. Partello
We, whose names are hereto subscribed Do Certify, that on the 17 day of Sept 1912 Josephine E. Partello the testator, 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 testator and of each other, on the said date, and write opposite our names our respective places of residence.
[signed] John M. Richard residing at Herkimer NY
Surrogate's Court - County of Hamilton
In the Matter of the Probate of the Last Will and TEstament in the Estate of Josephine E. Partello, deceased.
To the Surrogate's Court of the County of Hamilton:
The petitioner, Eugene T. Partello, alleges upon information and belief that Josephine E. Partello died in the town of Morehouse in the County of Hamilton and State of New York on or about the 10th day of September 1917 and was, at the time, a resident of the town of Morehouse in said County of Hamilton.
That the said Josephine E. Partello, deceased, on or about the 17th day of September 1912 made and executed a certain instrument in writing, of that date, as and for her last will and testament, which said instrument by its terms relates to real and personal property;
That the following are the only persons named or described in said instrument as executor or trustee, to wit
That said testator left her surviving no husband.
That the names of all the heirs at law and next of kin of said testator, and their respective relationship to the testator, and their respective places of residence, are as follows, to wit:
That all persons, other than heirs at law and next of kin, who take any partion of her real or personal property, under the provisions of said will and their respective relationship to the testator, if any, and their respective places of residence are as follows, to wit:
That all of the persons above are of full age and sound mind except: Elmer D. Partello, whose father and mother are both dead and who will be 21 years of age in October, 1918 and who resides with deponent and petitioner at Morehouseville, NY and has no guardian.
That the estimated value of testator's personal property is $500, and the estimated value of her real property is $1000.
That there are no other persons than those mentioned interested in this application.
Wherefore, your petitioner pray that said instrument be probated and recorded as and for the last will and testament of said decedent, valid to pass real and persoanl property. That the necessary persons above named be cited to show cause why said will should not be admitted to probate, and that Letters tEstamentary be granted and issued according to law.
State of New York, County of Hamilton
Eugene T. Partello, the above petitioner being duly sworn say that the above petition by her subscribed, is true of his own knowledge, except as to the matter therein stated to be alleged on information and belief, and as to those matters he believe it to be true.
Subscribed and sworn to before me, this 13th day of March 1918
I, Eugene T. Partello, residing in the town of Morehouse, Hamilton Co., NY and having my post office address at Morehouseville, NY, do solemnly swear that I will well, faithfully and honestly discharge my duties of executor of the last will and testament of Josephine E. Partello deceased, according to law.
Subscribed and sworn to before me, this 13th day of March, 1918
Surrogate's Court held in and for the County of Hamilton, State of New York, at the Surrogate's Chambers in the Town of Long Lake in said County on the 10th day of April A. D., 1918
Present, Hon. Timothy D. Sullivan, Surrogate.
In the Matter of the Estate of Josephine E. Partello, deceased.
It appearing to the satisfaction of the Surrogate, by the affidavit of Eugene T. Partello, verified on the 4th day of April 1918 and also by the Petition of Probate herein verified on March 13th, 1918, that the following non-residents of the State of New York, viz.:
Malvin A. Partello, of Spartansburg, S.C.
Charles M. Partello,
Mabel A. Ryan, 303 West 4th Street,
are necessary parties to this proceeding, and named in the citation issued herein: and that the value or amount of said estate of decendent does not exceed the sum of $2000.
It is ordered and directed that the service of the said citation be made upon said non-resident parties by the publication thereof, in the Hamilton County Record, a newspaper published in the County of Hamilton, once in each of four successive weeks.
Surrogate's Court County of Hamilton, in the matter of Proving the Last Will and Testament of Josephine E. Partello, Deceased.
I Leo Loftus of Long Lake, in said County, hereby do consent to become the Special Guardian of Elmer D. Partello, an infant interested in the above entitled proceeding, for the sole purpose of appearing for and protecting his interest in said proceeding.
State of New York, County of Hamilton:
On this 3rd day of June, 1918, before me personally came [left blank] to me known to be the person described in and who executed the foregoing consent, and acknowledged the execution thereof.
State of New York, County of Hamilton:
I, [left blank] do swear that I am the person who has consented to become the Special Guardian of the above named infant in the above entitled proceeding, and believ I am fully competent to understand and protect the rights of said infant in said proceeding; that I have no interest adverse to said infants interest, and am not connected in business with the attorney or counsel for any of the adverse parties to said proceeding, and that I am of sufficient ability to answer to said infant for any damages which he may sustain by my negligence or misconduct in the defense or presecution of the above entitled proceeding.
Sworn to before me, this 3rd day of June, 1918 [signed] Leo Loftus
At a Surrogate's Court, held in and for the County of Hamilton, and State of New York, at the Surrogate's Office in the Village of Long Lake, in said County, on the 3rd day of June A.D. 1918.
Present, Hon. Timothy D. Sullivan, Surrogate.
In the Matter of Proving the Last Will and Testament of Josephine E. Partello, Deceased.
It appearing to my satisfaction by the verified petition herein, that Elmer D. Partello, one of the heirs and next of kin of the above named deceased is an infant having no general guardian [left blank] now on reading and filing the consent of [left blank] of the Town of Long Lake, N.Y.
It is Ordered, that the said [left blank] be and he hereby is appointed Special Guardian for said infant for the sole purpose of appearing for and protecting the interest of said infant in the above entitled proceeding.
State of New York, County of Herkimer
Sworn to before me this 29th day of April, 1918 [signed] Eugene T. Partello
State of New York, County of Saratoga
Sworn to before me this 24 day of April 1918 [signed] Wm H. Blowers
The People of the State of New York
To: Walter A. Partello
Whereas, Eugene T. Partello, of the Town of Morehouse, Hamilton County, New York has lately petitioned the Surrogate's Court of our said County of Hamilton, to ahve a certain instrument in writing bearing date the 17th day of September 1912, which relates or purports to relate to real and personal property, duly admitted to probate as and for the Last Will and Testament of Josephine E. Partello late of the Town of Morehouse in said County deceased. You and Each of You, are therefore cited, before a Surrogate's Court of our said County of Hamilton, at the Surrogate's Chambers in the Town of Long Lake in said Count of Hamilton, on the 3rd day of June 1918, at 10'oclock in the forenoon of that day, then and there to show cause why said will should not be admitted to probate; and, if any of the above named infants, that they then and there show cause why a Special Guardian should not be appointed to appear, represent and act for them, in the proceeding for the probate of said will
In Testimony Whereof, we have caused the seal of our said Surrogate's Court to be hereunto affixed.
Witness, Hon. Timothy D. Sullivan, Surrogate of our said County of Hamilton, at Long Lake, this 10th day of April 1918
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Copyright © 2004: Carl Hommel