Xaver Schillinger’s Last Will and Testament, Along with the Probate Records

In researching Xaver Schillinger, I came across the probate records filed after his death, along with his Last Will and Testament, on the FamilySearch website.

The file is 12 pages long, with the will comprising the last two pages of the document.  I’m including images of the file here, along with the transcript below.

Some interesting information about the file:

  • Xaver Schillinger died on 6 October 1923 in Kings County, New York.
  • The petition was filed by his son Louis Schillinger in October, and probate was finalized in December 1923.
  • At the time of his death, Xaver Schillinger owned no real property, and had no more than $3200 in personal property.
    • For those who are not familiar with the difference between real and personal property: Real property refers to real estate holdings (buildings, land, farms, etc.).  Personal property refers to belongings (cash, jewelry, electronics, etc.).
  • The value of his personal property was to be distributed equally amongst his four children, or if a child was deceased, their portion would be distributed to their child(ren).
  • His daughters are married at the time of his Last Will & Testament, and their married names are given as Mary Altenburg and Catharine Fausner.  On page 5 of the file, Catherine is misidentified as Frances Fausner.
  • His daughter Mary and his son Charles live in the same house at 234 Jerome Street.
  • His son Louis lives at 169 Van Siclen Avenue, and his daughter Catherine lives at 148 Logan Street.
Schillinger Siblings Homes in Brooklyn

Schillinger Siblings Homes in Brooklyn

  • All of their homes are within a few blocks of each other in Brooklyn, in the New Lots/Cypress Hills area just south of Highland Park/Evergreens Cemetery, and are within blocks of Atlantic Avenue.
  • Louis Schillinger was named as the executor of his father’s estate, and the two witnesses to the will are listed as Joseph A. Hahn (a notary public) and Charles J. Bednartz (a neighbor).
  • The will was written on 27 August 1919, four years prior to his death.
  • His wife predeceased him.

Estate Probate File Images

Xaver Schillinger Probate Record 1

Xaver Schillinger Probate Record 1

Xaver Schillinger Probate Record 2

Xaver Schillinger Probate Record 2

Xaver Schillinger Probate Record 3

Xaver Schillinger Probate Record 3

Xaver Schillinger Probate Record 4

Xaver Schillinger Probate Record 4

Xaver Schillinger Probate Record 5

Xaver Schillinger Probate Record 5

Xaver Schillinger Probate Record 6

Xaver Schillinger Probate Record 6

Xaver Schillinger Probate Record 7

Xaver Schillinger Probate Record 7

Xaver Schillinger Probate Record 8

Xaver Schillinger Probate Record 8

Xaver Schillinger Probate Record 9

Xaver Schillinger Probate Record 9

Xaver Schillinger Probate Record 10

Xaver Schillinger Probate Record 10

Xaver Schillinger Probate Record 11

Xaver Schillinger Probate Record 11

Xaver Schillinger Probate Record 12

Xaver Schillinger Probate Record 12

Estate Probate File Transcript

New York, Kings County Estate Files, 1866-1923.
[Page 1]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

Petition, Citation, Original Will, Proofs of Will, Orders, Etc.
Admitted to Probate
Dec 8 1923

[Page 2]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

Affidavit under the Law in Relation to Taxable Transfers

County of Kings, ss.:
Louis Schillinger
Being duly sworn, says that he is the petitioner herein that the above named decedent was at the time of his death a resident of Kings County, N.Y.
and died on the 6th day of October 1923.
That the estimated value of the real property in this State of which said decedent died seized is nothing.
That the value of personal property, wherever situate, of which said decedent died possessed does not exceed thirty two hundred Dollars.
That said decedent did not during his lifetime make any transfer of property by deed, grant, bargain, sale or gift, in contemplation of his death, or intended to take effect in possession or enjoyment at or after his death.
That the following is a statement of the names and places of residence of all persons entitled to any portion of the estate of said decedent, and the relationship of such persons to said decedent.

Name Amount of Legacy Residence Relationship
Louis Schillinger $600 169 Van Siclen Ave Bklyn son
Mary Altenburg $600 234 Jerome St. Bklyn daughter
Charles Schillinger $600 234 Jerome St. Bklyn son
Catherine Fausner $600 148 Logan St. Bklyn daughter

Sworn before me, this 17th day of October 1923
Louis Schillinger

Joseph A. Hahn
Notary Public, Kings County

[Page 3]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

To the Surrogate’s Court of the County of Kings:
The Petition of
Louis Schillinger
who resides at No. 169 Van Siclen Ave. in the Borough of Brooklyn, City of New York, alleges
That he is an Executor named in the last Will and Testament of
Xaver Schillinger, late of the County of Kings, deceased.
That the said deceased resided at the time of his death at 148 Logan Street, Brooklyn and died at Kings County, Brooklyn, NY on the 6th day of October 1923.
That said Last Will and Testament was made at the City of New York, Brooklyn, and relates to both Real and Personal Property, and bears date the 27th day of August 1919, and was signed by Joseph A. Hahn and Charles J. Bednartz as witnesses.
That the petitioner does not know of any other Will or of any codicil to said Will, or of any instrument purporting to be such, nor is there any to petitioner’s best information and belief.
That said deceased left surviving no widow.
That all the heirs at law and all the next of kin of said deceased are as follows, to wit:
Louis Schillinger, a son of deceased who resides at 169 Van Siclen Ave Brooklyn NY City
Mary Altenburg, a daughter of deceased who resides at 234 Jerome Street Brooklyn NY City
Charles Schillinger, a son of deceased who resides at 234 Jerome Street Brooklyn NY City
Catherine Fausner, a daughter of deceased who resides at 148 Logan Street Brooklyn NY City

[Page 4]
That all persons above named are of full age and of sound mind.
That no petition for the probate of the said Will or for letters of administration of the estate of the said deceased has been heretofore filed in this or any other Surrogate’s Court of the State of New York, and that no other will of the said deceased has been filled in the Surrogate’s Office of Kings County, except hereinbefore mentioned and described.
That the value of the real property in the State of New York of which the said deceased died sized is nothing and that the value of the personal property of which the said deceased died parsed is about thirty two hundred Dollars.
That there are no persons interested in this application or proceeding other than those hereinbefore mentioned.
Your Petitioner Therefore Pray:
That a decree be made admitting the said last Will and Testament to probate as a will of real and personal property and that Letters Testamentary may be issued to the Executor who may qualify thereunder.
That a citation issue herein to the persons entitled thereto, citing them to show cause why such decree should not be made.

Dated the 17th day of October 1923.
Louis Schillinger
Petitioner

County of Kings, ss.:
Louis Schillinger
the above petitioner being duly sworn, say ——— I have read the forgoing petition and the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true.
Sworn to before me this 17th day of October, 1923}
Louis Schillinger
Petitioner

Joseph A. Hahn
Notary Public

[Page 5]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

Waiver and Consent

We Charles Schillinger, Mary Altenburg, and Catherine Fausner of Brooklyn, N.Y. City
the undersigned, being of full age, —– heir at law, and next of kin of Xaver Schillinger deceased, named in the petition herein, do hereby appear in person and waive the issuance and service of a citation in the above entitled matter, and consent that the Last Will and Testament of Xaver Schillinger deceased, bearing date August 22nd 1919
be admitted to probate forthwith,
Charles Schillinger
Mary Altenburg
Catherine Fausner

State of New York
County of Kings, } ss.

On the 19th day of October, in the year 1923, before me personally came Charles Schillinger, Mary Altenburg, and Frances [Catherine] Fausner known to me to be the persons described in and who executed the foregoing waiver and consent, and they severally duly acknowledge to me that he executed the same.
Joseph A. Hahn
Notary Public

Outside of the State of New York, and where a certificate of a County Clerk or other official is required to be subjoined to the certificate of proof of acknowledgement, such first named certificate must show among other requirements of the statute that the officer taking the proof of acknowledgment was duly authorized by the laws of the State or dominion to take proof or acknowledgment of deeds to be recorded therein.
Filed
Surrogate’s Court
Kings County
Probate Dept.
Oct 23 1923

[Page 6]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

Deposition of Subscribing Witness

State of New York, County of Kings} ss.:

Charles J. Bednartz of Brooklyn New York City being duly sworn and examined before a Surrogate’s Court of the County of Kings, deposes and says:
I was acquainted with Xaver Schillinger now deceased.
That the subscription of the name of said decedent, at the end of the instrument now shown to me, and offered for probate as the last Will and Testament of the said Xaver Schillinger deceased, and bearing date the 27th day of August in the year one thousand nine hundred and nineteen was made by the said decedent at the County of Kings Brooklyn NY City in the presence of myself and the other subscribing witness.
That at the time of making such subscription the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness, at the end of said instrument, at the request of said decedent and in his presence. I also saw said
Joseph A. Hahn
the other subscribing witness, sign his name as a witness at the end of said Will, and know that he did so at the request and in the presence of said decedent.
That the said decedent, at the time of executing the said instrument, was over the age of twenty-one years, of sound mind and memory, and not under any restraint, and competent in every respect to make a will.

Subscribed and sworn to this 7th day of December 1923.
Charles J. Bednartz

George B. Keenan
Assistant Probate Clerk, Surrogate’s Court, Kings County, N.Y.

[Page 7]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

Deposition of Subscribing Witness

State of New York, County of Kings} ss.:

Joseph A. Hahn of Woodhaven, Queens County, New York, being duly sworn and examined before a Surrogate’s Court of the County of Kings, deposes and says:
I was acquainted with Xaver Schillinger now deceased.
That the subscription of the name of said decedent, at the end of the instrument now shown to me, and offered for probate as the last Will and Testament of the said Xaver Schillinger deceased, and bearing date the 27th day of August in the year one thousand nine hundred and nineteen was made by the said decedent at the County of Kings Brooklyn NY City in the presence of myself and the other subscribing witness.
That at the time of making such subscription the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness, at the end of said instrument, at the request of said decedent and in his presence. I also saw said
Charles J. Bednartz
the other subscribing witness, sign his name as a witness at the end of said Will, and know that he did so at the request and in the presence of said decedent.
That the said decedent, at the time of executing the said instrument, was over the age of twenty-one years, of sound mind and memory, and not under any restraint, and competent in every respect to make a will.

Subscribed and sworn to this 7th day of December 1923.
Joseph A. Hahn

George B. Keenan
Assistant Probate Clerk, Surrogate’s Court, Kings County, N.Y.

[Page 8]
At a Surrogate’s Court held in and for the County of Kings, on the 8th day of December 1923.

Present, Hon. George Albert Wingate, Surrogate

Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

Decree Granting Probate

Satisfactory Proof having been made that jurisdiction has been obtained of all persons entitled to notice of this proceeding.
And the witnesses to said Last Will and Testament having been sworn and examined, their examination having been reduced to writing and filed, and it appearing that said Will was duly executed, and that the Testor, at the time of executing it, was in all respects competent to make a Will, and not under restraint, and this Court being satisfied of the genuineness of the Will, and the validity of its execution, and the Probate thereof not having been contested.
It is decreed, that the instrument offered for probate herein be, and the same hereby is admitted to probate as the Last Will and Testament of said Xaver Schillinger deceased, valid to pass Real and Personal property, that the said Will and this Decree be recorded, and that Letters Testamentary be issued to the Executor who may qualify thereunder.
George Albert Wingate
Surrogate

[Page 9]
Dec 8
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased

Oath of Executor and Designation

State of New York, County of Kings,} ss.:

I, Louis Schillinger, Executor named in the Last Will and Testament of Xaver Schillinger late of the County of Kings, deceased, being duly sworn, do depose and say:
That I reside at Number 169 Van Siclen Ave Brooklyn in the City of New York, that I am over twenty-one years of age, and that I will well, faithfully and honestly discharge the duties of Executor of said Last Will and Testament of Xaver Schillinger.

Subscribed and sworn to, this 17th day of October 1923} Louis Schillinger

Joseph A. Hahn
Probate Clerk, Surrogate Court, Kings County, N.Y.

I, Louis Schillinger residing at No. 169 Van Siclen Ave. Brooklyn
do hereby designate the Clerk of the Surrogate’s Court of the County of Kings, and his successor in office as a person on whom service of any process issuing from said Court in this proceeding or in any other proceeding which shall effect the estate of said Xaver Schillinger deceased, may be made in like manner and with like effect as if it were served personally on me whenever I cannot be found and served within the State of New York after due diligence used.
Louis Schillinger

County of Kings, ss.:
On this 17th day of October, 1923, before me personally came Louis Schillinger to me known and known to me to be the individual described in and who executed the foregoing instrument and he acknowledged to me that he executed the same.
Joseph A. Hahn
Notary Public, Kings County

[Page 10]
Kings County Surrogate’s Court
In the Matter of the Petition of
Louis Schillinger
To Prove the Last Will and Testament of
Xaver Schillinger
Late of the County of Kings, deceased.

State of New York, County of Kings, } ss.:

Be it Remembered, That in pursuance of Section 2621 of the Code of Civil Procedure, I hereby certify that on the day of the date hereof, the last Will and Testament of Xaver Schillinger deceased, being the annexed written instrument, was upon due proof duly admitted to probate by the Surrogate’s Court of the County of Kings and by the Surrogate of said County, as and for the last Will and Testament of said deceased, and as a Will valid to pass Real and Personal Property.

Said last Will and Testament is recorded in the office of said Surrogate, in Liber 532 of Wills, page 54.

In Testimony Whereof, I have hereunto subscribed my name and affixed the Seal of the Office of the Surrogate of said County, this 8th day of December one thousand nine hundred and twenty-three.

John A. Hahn
Clerk of the Surrogate’s Court

[Page 11]
IN THE NAME OF GOD AMEN
I, XAVER SCHILLINGER, of the Borough of Brooklyn, County of Kings, City and State of New York, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament as follows to wit:

First: — I hereby revoke all former or other wills by me at any time heretofore made.
Second: — I hereby direct that all my just debts and funeral expenses be paid as soon after my death as may be practicable.
Third: — I give and bequeath all my property, real, personal and mixed of whatsoever name or nature and wheresoever situated unto my beloved children Louis Schillinger, Mary Altenburg, Charles Schillinger, and Catherine Fausner in equal shares, share and share alike and I direct that the share of the one or ones who died shall go to his, her or their children.
Fourth: — I hereby nominate and appoint my son Louis Schillinger the sole Executor of this my Last Will and Testament.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal the 27th day of August in the year of Our Lord nineteen hundred and nineteen.
Xaver Schillinger

Witnesses:
Joseph A. Hahn
Charles J. Bednartz

[Page 12]
Signed, sealed, published and declared by the Testator XAVER SCHILLINGER as and for his Last Will and Testament in our presence and we at his request and of each other have hereunto signed our names as witnesses to the execution thereof.
Joseph A. Hahn, 625 Terry Street, Woodhaven, L.I. N.Y.
Charles J. Bednartz, 273 Barbey Street, Brooklyn

“New York, Kings County Estate Files, 1866-1923,” index and images, FamilySearch (https://familysearch.org/pal:/MM9.1.1/N7GY-Z3J : accessed 26 Feb 2014), Xaver Schillinger, 1923.

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