Amanuensis Monday: 1894 Will of Zopher L Hawkins of Brooklyn, Kings County, New York

WILL OF ZOPHER L HAWKINS

Written April 23, 1894

Proved June 15, 1914

Kings County, New York, Will Book 476: 489-492; Surrogate's Court

I, Zopher L Hawkins, of the City of Brooklyn, in the State of New York, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my last Will and Testament, in manner and form following, that is to say:

First.  After the payment of my just debts and funeral expenses, I give, devise and bequeath all my estate, both real and personal, of which I shall die seized or possessed (including all policies of life Insurance) unto my beloved wife, Margaret A Hawkins, for her own use, absolutely and forever.

Second.  I hereby nominate, constitute and appoint my said wife, Margaret A Hawkins, the sole Executrix of this, my last Will and Testament.

Lastly.  I hereby revoke, and declare to be null and void, all other and former Wills by me at any time made.

In Witness Whereof, I have hereunto set my hand and seal on this Twenty Third day of April, in the year one thousand eight hundred and ninety four.

Zopher L Hawkins (Seal)

Signed, sealed, published and declared by the Testator, Zopher L Hawkins, as and for his last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto, on the Twenty Third day of April 1894.

Alfred E Irwin ---  799 Putnam Ave. Brooklyn  N.Y.

Vincent Rosemon ---  272 Keap St. Brooklyn, N.Y.

***

I was acquainted with Zopher L Hawkins, now deceased.

That the subscription of the name of said decedent, at the end of the instrument now shown to me, and offered for probate as the last Will and Testament of the said Zopher L Hawkins, deceased, and bearing the date the 23rd day of April, in the year one thousand eight hundred and ninety-four, was made by the said decedent at the City of New York, in the presence of myself and the other subscribing witness.

That at the time of making such subscription, the said decedent declared the said instrument so subscribed by him, to be his last Will and Testament, and I thereupon signed my name as a witness, at the end of said instrument, at the request of said decedent, and in his presence.  I also saw Alfred E Irwin, the other subscribing witness, sign his name as a witness at the end of said Will, and know that he did so at the request and in the presence of said decedent.

That the said decedent, at the time of executing the said instrument, was over the age of twenty-one years, of sound mind and memory, and not under any restraint, and competent in every respect to make a will.

Subscribed and affirmed to this 7th day of May, 1914.  Vincent Rosemon

***

Thomas S Irwin, being duly sworn and examined before a Surrogate's Court of the County of Kings, deposes and says, I am acquainted with Alfred E Irwin, the incompetent witness herein, he being my brother.  I am also acquainted with his manner and style of handwriting, having often seen him write, and I verily believe that the signature, purporting to be his, subscribed to the instrument in writing now produced and shown to me, purporting to be the last Will and Testament of Zopher L Hawkins, deceased, bearing date the 23rd day of April, 1894, is the proper signature and the true and genuine handwriting of my said brother, Alfred E Irwin, the incompetent witness herein.

Deponent further says, my said brother, Alfred E Irwin, has been judicially declared incompetent and is at present confined at the Manhattan State Hospital at Wards Island, New York City.

Subscribed and sworn this 11th day of June, 1914.  Thomas S Irwin

***

Deposition as to Handwriting

John L Barker, Jr., of Brooklyn, New York, being duly sworn and examined before a Surrogate's Court of the Court of the County of Kings, deposes and says:

I was acquainted with Zopher L Hawkins, late of the County of Kings, City and State of New York, and with his manner and style of handwriting, having often seen him write, and I verily believe that the signature, purporting to be his, subscribed to the instrument in writing now produced and shown to me, purporting to be the last Will and Testament of Zopher L Hawkins, deceased, bearing date the 23rd day of April, in the year one thousand eight hundred and ninety-four, is the proper signature and the true and genuine handwriting of the said Zopher L Hawkins, and that he died at Brooklyn, N.Y., at 1340 Pacific Street, on April 27th, 1914, and I was present at his funeral.

J E Barker Jr

***

Satisfactory proof having been made of the due service of the citation herein upon, or due appearance herein by, all persons entitled to notice of this proceeding, and Leroy W Ross, Esq., Special Guardian, having appeared in person, and Alfred E Irwin, subscribing witness herein, being incompetent, and his testimony having been dispensed with by an order bearing date the 26th day of May, 1914, and his handwriting having been proved by the deposition of his brother, one Thomas S Irwin, on file herein, and the hand writing of the Testator having been proved by the deposition of one John L Barker, Jr., on file herein, and the other subscribing witness to said last Will and Testament, Vincent Rosemon, having been sworn and examined and his examination reduced to writing and filed, and it appearing by such proof that the said Will was duly executed, and that the Testator, at the time of executing it, was in all respects competent to make a will and not under restraint; and this Court being satisfied of the genuineness of the Will and the validity of its execution; and the Probate thereof not having been contested;

It is ordered, adjudged and decreed, that the instrument offered for probate herein be, and the same hereby is, admitted to probate (except as to the infant Donald J Hawkins, who was born May 10th, 1900, and after the execution of the Will herein, and is therefore in no way affected by the same) as the last Will and Testament of the said Zopher L Hawkins, deceased, valid to pass real and personal property, and that the said Will, with the proofs thereof, and this Decree be recorded, and that Letters Testamentary be issued to the Executrix who may qualify thereunder, and that the said Executrix pay to Leroy W Ross, Esq., Special Guardian, the sum of Twenty-five dollars, as and for his costs and allowances herein, and that the said Will be filed and remain in the Surrogate's Office.

Herbert T Ketcham, Surrogate