Susanna Girling – 1817-1899

Last Will and Testament

[These are extracts from the Last Will and Testament of Susanna Girling taken from microfilms of Waterloo County Wills. This Will is numbered 3521, on reel number 681 that contains Wills from 3443 to 3540 which are Wills from the end of 1898 and the start of 1899.]

The probate of the will of Susanna Girling was registered the 18th day of May A.D. 1899 in Book "J" Folio 27 No. 3521. Following the cover and a page on probate fees ($13.95 in total) the submission continues:

No. 2988

In the Surrogate Court of the County of Waterloo
In the Estate of Susannah Girling DECEASED
17th May 1899
    I have the honor to submit the following papers hereunto annexed in the above matter, all of which have been duly signed, sworn to and executed, namely:

  1. Application of Daniel Ratz and James Nicol for Probate of Will.
  2. Schedule of Real Estate, (valued at $No_Real) and Inventory of Pers Property, valued at $2,655.00.
  3. Certificate of Surrogate Clerk.
  4. Affidavit of death and place of abode of the testator.
  5. Affidavit of value of property devolving.
  6. [STROKED OUT] Affidavit of search for Will.
  7. [WRITTEN IN] Afdt of Plight als
  8. [STROKED OUT] Affidavit of plight and condition and finding of Will.
  9. Affidavit of execution of Will.
  10. Will of Susannah Girling signed by Executors and Commissioner as an Exhibit.
  11. Oath of Executors.
  12. [X-ed OUT] Administration Bond and Affidavits of justification in double the amount of the Property and I Certify both of the sureties are good and sufficient.
  13. [X-ed OUT] Deed of Renunciation by

Followed by the Petition of the beneficiaries:

In the Surrogate Court of the County of Waterloo

The Petition of David Ratz, Miller, and James Nicol, Gentlemen, both of the Village of Elmira in the County of Waterloo
humbly sheweth:
THAT Susannah Girling late of the Village of Elmira in the County of Waterloo, Widow, deceased died on or about the twenty-second day of April in the year of our Lord one thousand eight hundred and ninety-nine at the said Village of Elmira, County of Waterloo and that the said deceased at the time of her death had a fixed place of abode at the said Village of Elmira in the said County of Waterloo.

THAT the said deceased in her lifetime duly made her last Will and Testament bearing the date the sixteenth day of November in the year of our Lord one thousand eight hundred and ninety-five.

THAT your Petitioners are the Executors named in the said Will.

THAT the value of the whole Property of the said deceased which she in any way died possessed of or entitled to, and for and in respect to which PROBATE of the said Will is to be granted is under the value of Two thousand six hundred and sixty dollars and that it is all personal estate.

WHEREFORE your Petitioners pray that Probate of said Will of the said deceased may be granted to them by this Honorable Court.

Dated this eleventh day of May A.D. 1899

{Received and Filed
13th day of May A.D. 1899}

Next is a Registration page, a page where James Nicol say he is an Executor and a notice by Amasa Winger that the attachment marked "A" is the duly signed and witnessed last Will.

Then follows an oath by James Nicol, Gentleman, and one of the executors regarding the said Will:

... and having viewed and perused the said Will, and particularly observed that

the words "I also give and bequeath to my son William Girling the sum of one dollar", in the thirteenth and fourteenth lines thereof are written in ink of a color different from that in which the remainder of the said will is written --.
I, the said James Nicol lastly make oath that the same is now in all respects the same state, plight and condition as when the same said signed by the said testatrix and that the said will was drawn by me and is in my hand writing throughout.
 [Presumably the son, William, was not happy with his legacy and he had contested the will based on the color of ink. James Nicol doesn't explain the two inks but only says that he drew up the will and it wasn't tampered with after Susanna signed it.]

Following is a page where James Nicol attests that the value of the whole property in the will is under $2,660 which is followed by an Inventory and Valuation page:

In the Estate of Susannah Girling DECEASED

Inventory and Valuation of the property of the said deceased. 

                GENERAL DESCRIPTION OF PROPERTY
     Household Goods and Furniture . . . . . . . . . . .   40.00
     Farming Implements, etc.  . . . . . . . . . . . . .
     Stock-in-Trade  . . . . . . . . . . . . . . . . . .
     Horses  . . . . . . . . . . . . . . . . . . . . . .
     Horned Cattle . . . . . . . . . . . . . . . . . . .
     Sheep and Swine . . . . . . . . . . . . . . . . . .  290.00
     Book Debts and Promissory Notes . . . . . . . . . . 1975.00
     Moneys Secured by Mortgage  . . . . . . . . . . . .
     Moneys secured by Life Insurance  . . . . . . . . .
     Bank Stock and other Stock  . . . . . . . . . . . .
     Securities for Money  . . . . . . . . . . . . . . .
     Cash on Hand  . . . . . . . . . . . . . . . . . . .
     Cash in Bank  . . . . . . . . . . . . . . . . . . .  350.00
     Farm Produce of all kinds . . . . . . . . . . . . .
     Other property not before mentioned
         Rent accruing due . . . . . . . . . . . . . . .
     Real Estate . . . . . . . . . . . . . . . . . . . .
                                                         --------
                                                         2655.00

Then follows two more pages of witnessing by James Nicol, Gentleman, and Daniel Ratz, Miller, and then starts Attachment "A":

This is the Last Will and Testament of me Susanna Girling of the Villaga of Elmira in the County of Waterloo and Province of Ontario, Widdow. I give and bequeath to my daughter Annie Girling, over and above her share in the residue of my Estate a Legacy of one thousand dollars $1000 to be paid to her as soon as Possible after my decease. I also give and bequeath to my said Daughter Annie all my Personal Property and Effects not Consisting of Money or Securities for Money. I also give and bequeath to my son Peter Girling the sum of one dollar. I also give and bequeath to my son William Girling the sum of one dollar. And I direct that the residue of my Estate be divided into six equal shares and that one of such shares be paid to each of my children (viz) John Girling, Mary Weis, Caroline Stephan, Annie Girling, James Girling, and Matilda Bott.

I direct that promissory notes (??) held by me against the Legacies being part of any estate be deducted from these shares in the estate aforesaid.

I appoint my friends David Ratz and James Nicol of the Village of Elmira the Executors of this my last Will and Testament in witness whereof I have (??) hereunto set my hand this sixteenth day of November 1895.
Signed and published by the }[Susanna]
said Susannah Girling in the } Susannah [her mark] Girling
presence of having been first read }
over and explained to her }
    Amasa Winger
    Daniel Ratz

Likely on the back of the will page are three confirmations of attachment "A" by Augustus Werner, James Nicol and Daniel Ratz.

Following are a cover page and two pages releasing the Executors of the Will:

Dated 20th March 1900
Annie Girling
John Girling
Caroline Stephan
et all
To
James Nicol
and
Dan Ratz
Executors
Susannah Girling
deceased
Release of Executor
-------------------
Filed July 6th 1900

This Indenture made the twentieth day of March A.D. 1900

Between Annie Girling of Elmira Waterloo County Ontario, spinster; John Girling of Omer (??) Michigan one of the united states of America, Farmer; Caroline Stephan wife of Wm (??) Stephan, Tailor, Listowel Ontario; Matilda Bott wife of George Bott, Laborer, Berlin Ontario; Mary Weis wife of Ludwig Weis, Gentleman, Elmira Ontario; James Girling of Rat Portage Ont, Laborer -- parties of the first part

  And Daniel Ratz, Miller, and James Nicol, Gentleman, both of Elmira Ontario, Executors of Susannah Girling deceased, parties of the second part

  whereas the parties of the second part have made up an account with the parties of the first part of all moneys received and paid by the parties of the second part and of all transactions in persuance of their executors hip and trust under the last Will and Testament of the said Susannah Girling deceased and have this paid to Annie Girling the sum of one thousand dollars as amount of special bequest mentioned in the Last Will and Testament and have paid to each of the parties of the first part the sum of three hundred and twenty-five dollars and thirty-one cents ($325.31) in full satisfaction and payment of all such sum or sums of money legacies and bequests as are given and bequeathed to the parties of the first part by the said last Will and Testament. Now this Indenture further witnesseth that in consideration of the premises of the parties of the first part for themselves their heirs executors and administrators do by these presents remise (??) release quit claim and forever discharge the said parties of the second part their heirs executors and administrators of from and in respect of the said sum or sums of money legacies and bequests and all interest accrued therefrom and of and from all actions suits payments accounts reckonings claims and demands whatsoever for or by reason thereof or for upon matter cause or thing whatsoever from beginning of the world to the day of the date of these presents. In witness whereof the parties hereto have hereunto set their hand and seals.
Signed sealed and }
delivered in the presence of}
  Jas Nicol } Anna Girling
  George Girling } John Girling
  Emma Stephan } Caroline Stephans
  Edgar [blob] Bott } Matilda Girling
  Jas Nicol } Mary Weis
  Blanche Elliott } James Girling

Notes:

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Most recent revision August 2004