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
