Page:Oregon Historical Quarterly volume 17.djvu/387



WILL OF JOHN DAY 379

acquainted with the handwriting of John Day the said de- ceased, and that the signature of John Day to the will of said deceased here produced in Court is the signature of said deceased, the proper handwriting of John Day the said de- ceased, and further that at the time the said deceased executed said will he was of sound disposing mind and memory and not under restraint, and the said William Rettson and James Birnie the said witnesses to the said will, took the said will after it was executed and immediately handed the said will to this deponent, and this deponent says that the said will now presented in Court is the same will of said deceased without any alteration whatever.

DONALD MACKENZIE.

Whereupon, I, the said Surrogate, upon the proof afore- said, being satisfied of the genuineness and validity of the said will, order that the said will be admitted to probate, and that Letters Testamentary thereon be granted to Donald Mac- Kenzie Executor in the said will named, after the expiration of thirty days from the time of taking the proof aforesaid, on his taking and subscribing the oath of office prescribed by law.

In Testimony Whereof, we have caused the seal of office of our Surrogate to b6 hereunto affixed. L.S.

Witness William Smith, Surrogate of the County of Chautauqua aforesaid, at Mayville in said County on the second day of December in the year of our Lord one thousand eight hundred and thirty six.

WILLIAM SMITH,

Surrogate.