Niagara County Surrogate's Court, Last Will and Testament and Codicils there to of Augustus Hause, Sr. Be it Remembered, that heretofore, to -wit: On the 30th day of March in the year of our Lord one thousand eight hundred and seventy Five Cornelius Ketcham Ch. Executor named in the First Codicil to the Last Will and Testament of Augustus Hause, Sr. late of the Town of Royalton in the County of Niagara deceased, appeared in open Court, before the Surrogate of the County of Niagara, and made application to have the said Last Will and Testament and codicils hereto which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the Widow heirs at law and next of kin of the said Testor and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the Widow heirs at law and next of kin of said deceased, by their respective names stating their respective places of residence requiring them to appear before said Surrogate, at his office in the City of Lockport, in said County on the 7th day of June A.D. 1875 to attend the probate of said Will and codicils.

And afterwards, to-wit: on the 7th day of June A.D. 1875, satisfactory evidence by affidavit was produced and presented to said Surrogate of the due service of said Citation in the mode prescribed by law and on that day said Executor appeared, and it appearing that Ella A. Hause was a union who had been duly served with said Citation, George P. Ostrander on his consenting hereto was duly appointed the Special Guardian of said Minor to appear for her and take care of her interests in this matter, and said Special Guardian appearing and no one appearing to oppose the Probate of such will and Codicils, such proceedings were thereupon had in said Court, afterwards, that said Surrogate took the proofs of said Will and Codicil, hereinafter set forth, upon this 7th day of June 1875, and he thereupon adjudged the said Will & codicils to be a valid Will & codicil of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs are as follow, that is to say:

WILL

In the name of God, Amen. I Augustus Hause, Sr. of the Town of Royalton, in the County of Niagara and State of New York, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my Last will and Testament, that is to say:

Second: Subject to the above bequest, which is to be executed in full, I give and bequeath to my two sons John J. and Laban, and to my daughter Bathsheba J. each the sum of six hundred and sixty two dollars and fifty cents, and to my son Augustus the sum of Five Hundred and twelve Dollars and fifty cents, to be paid as soon as the money can be collected from my Estate by my Executor having reference and regard to the full Execution of items ... In this Will.

Third: In case my said wife should not survive until my said daughter Ella E. attains the age of Twenty one years, I direct that the said sum of four thousand dollars shall be ... invested as above provided for the use and benefit of my said daughter, until she arrives at the age of twenty one years.

Fourth: The remainder of my property after the decease of my said wife, and after my said daughter shall arrive at the age of twenty one years is to be divided as follows. I give and bequeath to my said daughter Ella E. the sum of Six Hundred and Sixty two dollars and fifty cents, and I give and bequeath the balance of said remainder for my children share and share alike.

Fifth: If at my decease the remainder of my property should exceed the sum of Four Thousand dollars above disposed of, my will is that the said excess shall be divided among my children, share and share alike. Likewise I make constitute and approve Leander T. Hunchley of the Town of Royalton aforesaid to be executor of this my Last Will and Testament, hereby revoking all former wills by me made.

In witness thereof I hereto subscribe my name and afforded my seal the Eighth day of March in the year of our Lord One Thousand Eight Hundred and Seventy.

The above written instrument was subscribed by the said Augustus Hause, Sr, in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last will and Testament, and we at his request have signed our names as witnesses hereto and ... opposite our names our respective places of residence.

M. M. Southworth residing in the City of Lockport, N.Y.
John B. Heroy residing in the City of Lockport N. Y.

First Codicil

Whereas I Augustus Hause, Senr, of the Town of Royalton in the County of Niagara and State of New York, have made my last Will and Testament in writing bearing the date of the Eighth day of March in the year of our Lord One Thousand Eight Hundred and Seventy, in and by the third clause of which I did direct that in case my wife should not survive until my daughter Ella E. attains the age of Twenty one years, the sum of four thousand dollars mentioned in the first clause of said Will should remain invested as provided in said fourth clause for the use and benefit of said daughter until she arrives at the age of Twenty one years. Now therefore, I do by this my writing which I hereby declare to be a codicil to said last will and Testament and to be taken as a part thereof, order and declare that my will is that only the sum of Two Thousand Dollars of said sum of Four Thousand Dollars mentioned in said first clause of said will shall remain invested as provided in said first clause of said Will for the use and benefit of my said daughter until she arrives at the age of Twenty one years, provided my said wife shall die at at any time after my said daughter attains the age of Sixteen years. In that event, or if my said wife shall die before my said daughter attains said age of sixteen years my will that Two Thousand Dollars of said sum of Four Thousand Dollars shall be equally divided among my children, share and share alike, and the balance kept invested as provided in said third clause of said Will to be divided as directed in the fourth clause of said Will. Lastly, I hereby revoke the appointment of Leander J Lashly nominated in the said Last Will and Testament as Executor thereof and hereby nominate and appoint Cornelius Ketcham of the Town of Royalton, in the County of Niagara and State of New York, total Executor of my said last Will and Testament, and it is my desire that this codicil be amended to and made a part of my said last Will and Testament as aforementioned to all intents and purposes.

In__________ _______I have heretofore set my hand and seal this 28th day of the year of your Lord One thousand Eight Hundred and Seventy Three
Augustus Hause (Seal)

The above instrument consisting of one half sheet, was at the date time, signed, sealed, published and declared by the said Augustus Hause as added for a codicil to his Last Will and Testament in presence of you, who at his request and in his presence and in the presence of each other, here subscribed our name as

M..M. Southwith Residing in the City of Lockport N.Y.
C. R. Parker ditto ditto ditto

Second Codicil

Whereas, I Augustus Hause Sen of the Town of Royalton in the County of Niagara and State of New York have made by last will and Testament in writing, bearing date the Eighth day of March in the year of our Lord One Thousand Eight Hundred and Seventy, in and by the first Clause of which after the payment of my debts, I did give and bequeath to my wife Fanny, all my household furniture and other property therein named and did also provide for the investment of four thousand dollars and did bequeath the interest of the same for her use during her natural life, and for the Education and Maintenance of my infant daughter Ella E. until she attains the age of Twenty one years and whereas, by a codicil for and last Will and Testament by me made and executed, dated the 28th day of July 1873, I did make certain alterations and changes in said last Will and Testament with respect to the said sum of Four Thousand Dollars awarded in my last will and testament. For therefore, I do by this my writing, Whereby I hereby declare for a second codicil to said last will and Testament and to be taken as a ... , order and declare that my will is that before any sum shall be utilized for the use of my said wife and infant daughter by my said Executor as provided in said will and codicil ... aforemade, my said Executor shall first retain the sum of Three Hundred Dollars ... and pay the cost and Expense of a family Monument to be erected over my grave and my said Executor shall also before making said investment pay to my said wife the sum of Six Hundred Dollars, Which I hereby give and bequeath to her absolutely as her property.

In all other respects I declare that my said last Will and Testament and my said first codicil ... Shall remain unaffected by this second codicil and it is my desire that this codicil which I call a second codicil be annexed to and made a part of my said last Will and Testament, and the first codicil ... to all interests and purposes.

In ... I have herewith set my and and seal this 29th day of January 1875.

The above instrument consisting of one half sheet was the date therof signed, sealed, published and declared by the said Augustus Hause Sr and for a codicil to his last Will and Testament in the presence of me who at his request and in his presence and in the presence of each other have subscribed our names as witnesses, thereto. The said "daughter" intertuined (?) before (?) by Testor.

Ill Ill Southworth Residing in the City of Lockport N.Y.
C. R. Parker Residing in the City of Lockport N.Y.

Surrogate's Court

In the Matter of Proving the Codicil to the Last Will and Testament of Augustus Hause, Sr. Deceased

Niagara County, ss. Mortimer M. Southworth and Charles R. Packer being first duly sworn, in open Court upon their several corporeal oaths, each for himself doth depose and say, that he is a subscribing witness to the Codicils to the Last Will and Testament of Augustus Hause, Sr., late of the Town of Royalton in the County of Niagara and State of New York deceased. And these deponents do further say, that the said deceased, did, in the presence of each of these deponents, subscribe his name at the end of the instruments in writing which are now here shown to these deponents, and to which purport to be Codicils in the last Will and Testament of the said deceased, which bear dates respectively as follows: one on the 29th day of January one thousand eight hundred and Seventy Five and one dated July 28th one Thousand Eight Hundred and Seventy Three.

That said deceased did at the time of subscribing his name to the said instruments aforesaid, declared the same to be codicils his last Will and Testament: and these deponents did thereupon subscribe their own respective names at the end of said instruments as attesting witnesses to the execution thereof, each. At the request of the said deceased and in his presence, and in the presence of each other: That the said deceased, at the time of so subscribing his name to said instruments aforesaid, and publishing and instruments as aforesaid, was upwards of twenty-one years of age, and a citizen of the United States; that he appeared to be, and deponents believe he was of sound mind, memory and understanding, and not under any restraint, and as deponents verily believe, in all respects competent to devise real estate; that each of these deponents saw the other sign his name to the said instruments in the presence of the said deceased.

Taken, subscribed and sworn to before me this 7th day of June 1875. Joshua Gaskiel Surrogate

And said Mortimer M Southworth for himself says that the said Augustus Hause Sr. who executed said Codicils is the same person who executed a will dated March 8, 1870 and subscribed the same by the Name Augustus Hause Sr.

MM Southworth(signature)
C.R. Parker Signature

Surrogates Court
In the Matter of proving the last Will and Testament of
Augustus Hause Sr, deceased

Niagara County s.s. Mortimer M Southworth being first duly sworn in open court, where his corporal oath for himself doth depose and say that he is a subscribing witness to the Last Will and Testament of Augustus Hause, Sr. late of the Town of Royalton, in the County of Niagara and state of New York, deceased and the deponent further says, that the said deceased did in the presence of each other subscribing, witnesses, sign their name at the end of the instrument in writing what is now ... shown to ... this deponent and which purports to be the last will and testament of the said deceased and while bearing date of the eighth day ... one thousand eight hundred and seventy ... the said deceased did at the ... of subscribing his name to the said instrument as the foresaid declare the ... to be his last will and testament. And this deponent did therefore ... his own ... at the end of said instrument as our attesting witnesses to the execution thereof at the request of said deceased and as his ..., and in the presence of the subscribing witnesses which ... of said deceased ... subscribing his name to the said instrument as ... of twenty-one years of age and a citizen of the United States. That he appeared ... and deponents believe he was of sound mind and memory and understanding and not under any restraint and ... believe was will codicils ... his name to the ... instrument.