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Outagamie County Wisconsin
Last Will and Testament of John Colligan
Source: Outagamie County, Wisconsin Wills (1872 - 1887) vol. 1; transcribed by Mary Saggio
In the name of Almighty God. Amen.
I, John Colligan, of the City of Appleton, Outagamie County, Wisconsin, being of full age and sound mind, memory and understanding, in view of the uncertainty of life, do make publish and declare this to be my last Will and Testament, that is to say;
First: I commend my soul to God who gave it.
Second: I desire that all my debts and funeral expenses be paid.
Third: I give and bequeath to my wife, Julia Colligan, all my household goods and personal property save and except one horse called Kate.
Fourth: I give and bequeath to my son, John Colligan, the horse called Kate.
Fifth: I give and bequeath to my wife, Julia Colligan, all my real estate in the City of Appleton, Outagamie County, Wisconsin, known and described as the South half of the North half, of the S. E. ¼ of the N. W. ¼ of the North East quarter of Section thirty-four (34), in Township twenty-one (21) of Range seventeen (17), being two and a half acres, more or less, according to public survey, to have and to hold the same to herself, her heirs and assigns forever.
Sixth: I give and bequeath to my sons, John Colligan and Edward Colligan, share and share alike, all my real estate in the town of Grand Chute, and the rest and residue thereof, if any shall elsewhere be found; the real estate in Grand Chute being described as follows, viz: The West half of the North West quarter of Section one (1), in Township twenty-one (21), of Range, seventeen (17), being 59 90/100 acres, more or less, according to public survey; provided, that my wife shall have the avails of said real estate until my youngest son shall be of lawful age; and provided further, that at any time from thereto the Executor and Executrix of this my last Will and Testament may sell and convey the same, if in their judgment the best interests of said minors would dictate such sale, without resorting to the Probate Court, for any special authority to make such sale; but the proceeds of such sale, less the expenses thereof and any thing that may then be due for the support of said widow and minors shall be productively invested for the benefit of said minors. In case of the death of either of said minors prior to the division of said estate, his share shall descend to the surviving brother.
Seventh: I hereby nominate my wife Julia Colligan, as Executrix, and John Fitzgibbon, as Executor, of this my last Will and Testament. I witness whereof, I have to this my last Will and Testament set my hand and seal this first day of May, A. D. 1872, having first revoked all former Wills by me made.
(Five undo interlined on first page before signing and seventeen words on some page erased,) John Coligan (seal)
The foregoing instrument was now here signed and sealed in our presence by the above named testator, and was by him published and declared to be his last Will and Testament; and we at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.
Charles N. Warner, of Appleton Wisconsin
R. Shipman, of Appleton, Wisconsin,
Outagamie County Court ---- In Probate.
Certificate of Proof of Will
AT A PROBATE COURT, held in and for the County of Outagamie, at the Probate Office, in the city of Appleton, on the fifteenth day of July, A. D. 1872,
PRESENT: Hon. Sam. Ryan, Jr., COUNTY JUDGE
In the matter of the Last Will and Testament of
John Coligan deceased.
Pursuant to an Order of this Court, made in said matter on the Seventeenth day of June A. D. 1872, the application of Julia A. Coligan praying that the Last Will and Testament of John Coligan late of Appleton in the County of Outagamie, may be proved and admitted to Probate, came on this day to be heard. Satisfactory proof of the due publication of the notice required by said order to be given to all persons interested of the time and place of hearing the said application, was made and filed: Charles N. Warner and R. Shipman the subscribing witnesses to said Last Will and Testament appeared and being duly sworn testified that the annexed instrument on the day of the date thereof, to-wit: on the first day of May A. D. 1872, at his residence in the City of Appleton was signed and sealed by the said John Coligan that the said John Coligan then and there published and declared said instrument to be his Last Will and Testament in the presence of the said Charles N. Warner and of R. Shipman the subscribing witnesses; that the said subscribing witnesses did then and there in the presence of the said John Coligan, and at his request severally subscribe said instrument as attesting witnesses thereto; and at the time of the execution and publication of the said instrument, as aforesaid, the said John Coligan was of sound and disposing mind and memory, of full age to execute a Will, and was not under any restraint to the knowledge, information or belief of the said witnesses.
And upon said proof it appearing satisfactorily to this court, that the said Last Will and Testament was duly executed according to law, that the same is genuine and valid, and that said testator at the time of executing the same was in all respects competent to dispose of his estate.
It is Therefore Ordered, That the said Last Will and Testament, and the proofs and examinations taken in respect to the same be recorded; and that the said Last Will and Testament be admitted to Probate, and that the same be and hereby is established as a valid Will. (Seal)
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of the County Court of
said Outagamie County, at the city of Appleton
this fifteenth day of July, A. D. 1872
Sam. Ryan, Jr., COUNTY JUDGE