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Surrogate's Court,

WESTCHESTER COUNTY.

To JOHN W. MILLS, Surrogate of the County of Westchester:

The petition of VICTOR M. HULBERT, of the Town of White Plains, in said County, respectfully showeth : That CARLTON GATES, late of the Town of Yonkers, in said County, departed this life, in the said County, on the 21st day of August, in the year one thousand eight hundred and sixty-nine, having previously, as your petitioner is informed and believes, duly made and executed his last will and testament. That your petitioner is one of the executors named in the said will; that the said deceased was a citizen of the United States; that he was, at or immediately previous to his death, an inhabitant of the County of Westchester; and that his said last will and testament relates to both real and personal estate, the value of which, in the opinion of your petitioner, will not exceed the sum of one hundred and seventy-five thousand dollars.

Your petitiouer further shows, that the said testator left him surviving, his father, Amos W. Gates, now residing at Londonderry, in the State of Vermont, his next of kin, and only heir at law.

That the said testator did not leave any child or

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children, or the descendant of any child or children, him surviving.

That the said Amos W. Gates is of full age.

Your petitioner further shows, that he is informed and believes that the Surrogate of the County of Westchester has jurisdiction to take the proof of the said last will and testament, and over the executors thereof, and the power of granting letters testamentary thereof, with all powers. incidental thereto, and that he desires that such proof should be taken, and such letters granted, and that such further or other proceedings in the premises should be had as may be legal and proper.

Your petitioner therefore prays that a citation may issue out of and under the seal of this Court, to be directed to the proper persons, pursuant to the statute in such case made and provided, requiring them and each of them, at such time and place as shall be in said citation mentioned, to appear and attend the probate of said last will and testament, and that such further or other proceedings in the premises should be 6 duly had as may be requisite to the proving and recording of the said last will and testament, and the granting probate and letters testamentary thereof. And your petitioner will ever pray, &c.

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Dated this twenty-seventh day of August, 1869.

STATE OF NEW YORK,
County of Westchester,

V. M. HULBERT.

I, VICTOR M. HULBERT, the petitioner named in the
foregoing petition, being duly sworn, say, that I have
heard the foregoing petition, to which I have subscribed.
my name, read, and know the contents thereof, and the
same are true of my own knowledge, except as to such
matters as are stated therein upon my information and
belief, and as to those matters I believe it to be true.
V. M. HULBERT.

Sworn and subscribed before
me, this twenty-seventh day
of August, 1969,

JOHN W. MILLS,

Surrogate.

At a Surrogate's Court, held in and for the 8 County of Westchester, at the Surrogate's Office, in the Town of White Plains, on the 27th day of August, in the year one thousand eight hundred and sixty-nine.

Present-JOHN W. MILLS, Surrogate.

IN THE MATTER OF PROVING THE

LAST WILL AND TESTAMENT OF

CARLTON GATES,

Deceased.

On reading and filing the petition of VICTOR M. HULBERT, propounding the last will and testament of CARLTON GATES, late of the Town of Yonkers, in the County of Westchester, deceased, for probate, It is ordered, that a citation issue to the proper persons, pursuant to the prayer of the said petition, requiring them to appear this Court, on the thirteenth day of September, 1869, at nine o'clock in the forenoon of that day, at the Surrogate's Office, in the said Town of White Plains, to attend the probate of the said will.

JOHN W. MILLS.

in

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Surrogate.

THE PEOPLE OF THE STATE OF NEW YORK, BY THE GRACE
OF GOD, FREE AND INDEPENDENT:

To AMOS W. GATES, residing in Londonderry, in the State
of Vermont, send Greeting:

Whereas, VICTOR M. HULBERT, of the Town of White Plains, has lately applied to our Surrogate of the County of Westchester, to have a certain instrument in writing, bearing date the 19th day of August, 1869, purporting to dispose of both real and personal estate, duly proved as the last will and testament of CARLTON GATES, late of the Town of Yonkers, in said County, deceased, in pursuance of the statute in such case made and provided. You and each of you are cited and required personally to be and

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12 appear before our said Surrogate, at his office in the Town of White Plains, in the said County, on the 13th day of September, 1869, at nine o'clock in the forenoon of that day, then and there to attend to the probate of said last will and testament.

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[L.S.]

Witness, JOHN W. MILLS, Surrogate of said County, at the Town of White Plains, the 27th day of August, in the year of our Lord one thousand eight hundred and sixty-nine. JOHN W. MILLS, Surrogate.

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WILLIAM ROMER, of said County, being duly sworn says, that he served the foregoing citation upon the following named persons, at the time and place below stated and set opposite their respective names, to wit: on AMOS W. GATES, at the Town of Yonkers, in said County, on the 27th day of August, 1869.

That such service was made by handing to and leaving 14 with said person a copy of said citation, at the same time showing this original.

And further, that he knows the person so served to be the individual mentioned in the said citation.

WILLIAM ROMER.

Subscribed and sworn before me, this

13th day of September, A. D. 1969, Š
DAVID VERPLANCK,

Clerk to the Surrogate's Court.

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