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Herkimer County |
Wills
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Herkimer County |
Herkimer co NY Will Book Vol. V page 123
Written: January 27 1882
Recorded: April 10 1883
Will
In the name of God - Amen.
I, Charles H. Dorr of the town of Herkimer, County of Herkimer and State of New York, being of sound mind and memory, and considering the uncertainty of this life, Do therefore make ordain publish and declare this to be my last Will and Testament, that is to say:
First,
After all my lawful debts are paid and discharged, I give and bequeath to my wife Elizabeth B. Dorr all my estate real and personal, to have use and enjoy the same for and during her natural life.
And after the death of my said wife I give and devise all my estate real and personal to my two children Frank E. Dorr and Agnes G. Dorr in equal shares to have and to hold the same to the said Frank E. Dorr and Agnes G. Dorr for and during their natural lives that is each the share and then to the heirs of each.
And if the said Agnes G. Dorr shall leave no child or children or descendants living at her death then her share to go to her brother Frank E. Dorr or his heirs. The equal devise to my children is made for the reason that I have advanced to Frank in full for his labor over his sisters services
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Likewise I make constitute and appoint my wife Elizabeth B. Dorr and my children Frank E. Dorr and Agnes G. Dorr to be executors of this my last will and testament, hereby revoking all former wills by me made.
In witness whereof I have hereunto subscribed my name and affixed my seal the 27th day of January in the year of Our Lord one thousand eight hundred and eighty-two.
C. H. Dorr
The above instrument consisting of one sheet was at the date thereof subscribed by Charles H. Dorr the testator named in the foregoing will in the presence of us and each of us and at the time of making such subscription the above instrument was declared by the said testator to be his last will and testament and each of us at the request of said testator and in his presence and in the presence of each other sign our names as witnesses thereto at the end of the will.
James Hart, residing at Little Falls, N.Y.
Edward Simms, residing at Little Falls, N.Y.
County of Herkimer - Surrogate's Court
In the matter of proving the last will and testament of
Charles H. Dorr, deceased.
Herkimer County, ss.
James Hart of the town of Little Falls in the county of Herkimer and Edward Simms of the town of Little Falls in the county of Herkimer being duly sworn in open Court, on their oaths do depose and say that they are the subscribing witnesses to the last Will and Testament of Charles H. Dorr, late of the town of Herkimer in the county of Herkimer, deceased. And these deponents further say that the said deceased did, in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be the last Will and Testament of said deceased, and which bears date on the 27th day of January, A.D. 1882; that the said deceased did at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament; that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses of the execution thereof, 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 subscribing his name to said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents.
James Hart
Edward Simms
Sworn, examined, and subscribed, this 10th
day of April 1883, before me.
Amos H. Prescott, Surrogate.
State of New York
Herkimer County Surrogate's Office, SS.
Be it remembered, That on the 10th day of April A.D. 1883, the last Will and Testament of Charles H. Dorr late of the town of Herkimer, in said County of Herkimer, deceased, bearing the date 27th day of January, A.D. 1882, (being the annexed written instrument), was duly proved before Amos H. Prescott, Surrogate of said County of Herkimer, according to law, as and for the last Will and Testament of the real and personal estate of said deceased, which said last Will and Testament and the proofs and examinations taken thereon, are recorded in this office in Book V of wills, on page 123 and following.
In testimony whereof, I, Amos H. Prescott, Surrogate of said County, have hereunto set my hand and seal of office, at the Surrogate’s office in the village of Herkimer, this 10th day of April A.D. 1883. Amos H. Prescott, Surrogate.
I, Amos H. Prescott, Surrogate of Herkimer County, do hereby certify the foregoing to be a true copy and record of the last Will and Testament of Charles H. Dorr last of the town of Herkimer in said county, deceased, propounded for probate and duly proved before me, and also of the proofs and examinations taken before me in relation thereto. Witness my hand at Herkimer, in said county, this 10th day of April A.D.
1883.
Amos H. Prescott, Surrogate [signature]
[Transcribed by Nan Starjak]
Mary Dygert
In the Name of God, Amen. I, Mary Dygert of Little Falls, Herkimer County, State of N.Y., being of sound mind and memory, and considering the uncertainty of this life do therefore make, ordain, publish, and declare this to be my Last Will and Testament; that is to say,
First after all my lawful debts are paid and discharged, I give and bequeath to my niece Catharine M. Ingham my dwelling house and ground belonging thereto, situate on Main and {?} Street occupied by myself and late husband and since his death and now occupied by me. To have and to hold the same {?} said Catharine, her heirs and assigns forever.
Second -- I hereby give and bequeath to my said niece Catharine M. Ingham my late husband's portrait: and all my personal property and effects of whatsoever name or nature.
Likewise I make constitute and appoint said Catharine sole executrix of this my last will and Testament, hereby revoking all former wills by me made.
In Witness Whereof, I have hereunto subscribed my name and affixed my seal this seventh day of February in the year of our Lord one thousand eight hundred and eighty.
Witness:
Mary Dygert
The above instrument consisting of one sheet was the date thereof subscribed by Mary Dygert the Testatrix named in the foregoing Will in the presence of us and each of us, and at the time of making such subscription the above instrument was declared by the said Testatrix to be her last Will and Testament, and each of us at the request of said Testatrix and in her presence and in the presence of each other signed our names as witness thereto at the end of the will.
W. I. Skinner Residing at Little Falls, N.Y.
L. L. Brainard Residing at Little Falls, N.Y.
Surrogate's Court, County of Herkimer
In the matter of proving the last will and testament of
Dygert, Mary
Deceased.
Herkimer County, ss.
W. I. Skinner of the town of Little Falls in the county of Herkimer State of New York, and L. L. Brainard of the town of Little Falls in the county of Herkimer State of New York being each duly sworn, do depose and say, the said W. I. Skinner for himself that he is a subscribing witness to the last Will and Testament of Mary Dygert, late of the town of Little Falls in said county of Herkimer, deceased; and the said L. L. Brainard for himself that he is a subscribing witness to the last Will and Testament of Mary Dygert, late of the town of Little Falls in said county of Herkimer, deceased; and that the said deceased did on the seventh day of February 1880, in the presence of these deponents, subscribe her name at the end of the instrument which is now shown to these deponents, and which purports to be the last Will and Testament of said deceased, and which bears date on the seventh day of February 1880; that the said deceased did at the time of subscribing her name to said instrument as aforesaid, declare the same to be her last Will and Testament; and these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of said deceased, and in her presence, and in the presence of each other. That said deceased at the time of subscribing her name to said instrument as aforesaid, was upwards of twenty-one year of age; that she appeared to be of sound mind and memory; and was not under restraint to the knowledge or belief of these deponents.
Sworn, examined, and subscribed before me, this
24th day of October, 1884
Rollin H. Smith, Surrogate
[Transcribed by Nan Starjak]
Nathaniel Ethridge
In the matter of the last Will and Testament of Nathaniel Ethridge deceased as a will of real and personal property -
Herkimer county Surrogates Office.
Charles Gray of the town of Herkimer in the County of Herkimer being duly sworn and examined, doth depose and testify, that he was acquainted with Nathaniel Ethridge (now deceased) in his life time, that the deponent saw the said Nathaniel Ethridge subscribe the instrument now shown to the deponent purporting to be the last Will and Testament of the said Nathaniel Ethridge bearing date the thirtieth day of April in the year Eighteen hundred and Forty-five, and that the said Nathaniel Ethridge at the same time declared the said instrument to be his last will and testament; -- and that the deponent together with Henry G. H---- the other subscribing witness to said will, subscribed his name as a witness at the request of the said deceased; -- and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed, and in the presence of the testator and of each other, and at the time the same was executed the deceased was of full lawful age and of sound mind and memory, and not under restraint to the best of the deponents knowledge and belief. Charles Grey sworn examined and subscribed this 23d day of June 1845 before me Ezra G----, Surrogate. In the matter of the last will and testament of Nathaniel Ethridge deceased as a will of real and personal property. Herkimer County Surrogates Office. Henry G. H---- of the town of Herkimer in the County of Herkimer being duly sworn and examined doth depose and testify that he was acquainted with Nathaniel Ethridge (now deceased) in his life time; that this deponent saw the said Nathaniel Ethridge subscribe the instrument now shown to the deponent purporting to be the Last Will and Testament of the said Nathaniel Ethridge bearing date the thirtieth day of April in the year Eighteen hundred and forty five. And that the said Nathaniel Ethridge at the same time declared the said instrument to be his last will and testament; and that this deponent together with Charles Gray the other subscribing witness to said will subscribed his name as a witness at the request of the said deceased; and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed and in the presence of the testator and of each other; -- and at the time the same was executed the deceased was of full lawful age and of sound mind and memory; and not under restraint to the best of the deponents knowledge and belief. Henry G. H----- Sworn examined and subscribed this 23d day of June 1845 before me Ezra G----, Surrogate.
Will
I, Nathaniel Ethridge of the town and county of Herkimer, being of sound disposing mind blessed be God for the same knowing the uncertainty of this life and being desirous of disposing of my worldly estate to make this my last will and testament.
Will of my said estate and property. I do hereby dispose as follows. First it is my will and I do hereby order direct and declare that out of my estate and property hereinafter devised and given to my executor hereinafter named my funeral expenses, and all my just and lawful debts shall be paid by my said executor as hereinafter provided, my said funeral expenses to be preferred to my other debts.
Second, I do hereby give, devise and bequeath to my executor hereinafter named all and singular my real and personal estate except such of my personal estate as is hereinafter otherwise bequeathed and disposed of to be sold conveyed and disposed by my said executor at public or private sale as by my said executor shall be deemed most for the benefit and interest of all the persons interested therein. And the ---- of the sale of the said estate personal and real my said executor is to apply in the first place to the payment of my funeral expenses. Secondly to pay and discharge all my just debts and legal liabilities - and what shall be remaining after the payment of my debts and liabilities my said executor shall pay to my son N. Dix Ethridge by investing the same for him in bond & mortgage and paying to his guardian annually for his use the interest thereon. The equal one third part thereof and the residue thereof my said executor shall pay out the equal and fourth part thereof to my son Robert Ethridge and one fourth to each of my daughters Nancy G. VanSlyke wife of Mason S. VanSlyke and Elisabeth B. Dorr the wife of Charles H. Dorr and the other one fourth thereof my said executor shall also invest on bond and mortgage and the and the interest thereof to be annually paid to my daughter Margaret M. Dygert wife of John W. Dygert during her natural life and after her decease the said interest during the minority of the youngest of her children to be paid to her children, and on the youngest of her children attaining the age of twenty one years then the principal to be paid to said children equally.
Third I do hereby give and bequeath to my wife Lydia Ethridge all the furniture and personal property she brought to me and which was belonging to her on our intermarriage, and also the equal and fourth of all my household furniture other than the furniture brought by her to me and --- --- the said last-mentioned furniture & the said --- shall become the property of son Dix Ethridge in case he shall survive the said Lydia his mother and she shall have the said property or any part thereof at the time of her decease.
Fourth to my son N. Dix Etheridge I give and bequeath the equal one third of the ----- of my real and personal estate that shall be left after the paying of all my funeral expenses debts and liabilities by my executor as herein before mentioned & provided to be ------ as herein before provided and the interest to be paid annually to his guardian during his minority for his support and education if the same shall be required by him, and the principal to be paid to him on his attaining his majority and in case of death of my said son Dix before he attains the age of twenty one years without lawful issue then the said one third aforesaid on the decease of the said Dix shall be paid by my executor to my said son Robert Ethridge and my said daughters Nancy G. VanSlyke, Elizabeth B. Dorr, and Margaret M. Dygert or their heirs respectively.
Fifth I give and bequeath unto my son Robert Ethridge and my said daughters Nancy G.VanSlyke, Elisabeth Dorr and Margaret M. Dygert each the equal one fourth of the said ---- of my said real & personal estate that shall be left after the payment of my funeral expenses, any debts and the said legacy bequeathed to my son Dix as herein before mentioned. The said share of the said ----- herein given to my daughter Margaret M Dygert is to be invested as herein before mentioned and the interest to be paid to her during her natural life and the use and final disposition thereof to her children as herein before also provided.
Sixth, I do hereby release and discharge my son Francis B. Ethridge and the heirs of my daughter Sarah Anne Larned (?) deceased wife of T------ Larned (?) of and from all their and each of their liability for the payment of money to me or my heirs and representatives an amount of real estate heretofore conveyed to them by me and on any & every other amount whatsoever. I do hereby appoint my wife Lydia Testamentary Guardian to and for my son N. Dix Ethridge until my said son Dix shall attain the age of ten years if so long my said wife Lydia shall survive. I hereby revoke and declare null and void all former wills by me made & lastly I do hereby constitute and appoint my son Robert Ethridge sole executor to this my last will and testament, with full power and authority to convey and dispose of my estate real and personal as herein before provided; and to execute and perform all the other ----- reposed in him as such executor and herein provided.
In witness whereof I the said Nathaniel Ethridge the said testator have hereto set my hand and seal this thirtieth day of April in the year one thousand eight hundred and forty five.
Nathaniel Ethridge [LS]
Sworn, sealed, published and declared by the said Nathaniel Ethridge to be his last will and testament - in the presence of us the undersigned who in his presence at his request & in the presence of each other signed our names as witnesses thereto.
Henry G. H---- of the town and county of Herkimer
Chas Grey of the town and county of Herkimer
State of New York
Herkimer County - Be it remembered that on the Surrogate's office twenty third day of June 1845 - the foregoing last will and testament of Nathaniel Ethridge was admitted to probate and duly proved as a will of personal property and probate thereof was therefore granted and at the same time said will was duly proved as a will of real property upon and by the testimony of Charles Grey and Henry G. H---- the subscribing witnesses thereto; that upon such testimony taken upon oath it appears that the said will was duly executed by the testator according to law; that the testator at the time of executing the same was in all respects competent to devise real estate and not under any restraint; that the said will and the said proofs and examinations as aforesaid taken has been duly recorded in the probate book for that purpose provided and kept in the office of the surrogate of Herkimer County. In witness whereof I have hereunto subscribed my name and affixed my seal of office at Herkimer (?) the twenty third day of June AD 1845.
Ezra ------, Surrogate {LS}
[Transcribed by Nan Starjak]
John Moyer
Volume G, pp. 264-270
In the name of God, amen. I, John Moyer of the town of Danube, County of Herkimer, being weak in Body, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory, blessed be God for the same, do make and publish this my last will & testament in manner and form as following --
First. I give, devise, and bequeath to my sons John Moyer and Chauncy Spalding Moyer the farm and land on which I now live, lying and being in the town of Danube, Herkimer County, containing eighty-one and three-fourths acres off the east side of lot No. 13 in a patent granted to Jacob Lansing and others; together with the appurtenances thereunto belonging, to hold to them, their heirs and assigns forever.
I also do give to them, the said John & Chauncy Spalding, my horses waggons together with all and every of my farming utensils belonging to the said farm. And I do further order and direct that in case one of my sons, John or Chauncy Spalding, should by death or in any manner become disabled to receive the same before coming to the age of twenty-one years, that the surviving one shall receive the same that is the share given to he other.
I do also give and bequeath to my daughters Betsy Lorina Moyer, Caty Margaret Moyer, Nancy Moyer & Samantha Moyer all my household furniture to each of them equal, and one cow to each of them, and to each of them thirty dollars to be paid & given to them when arriving at the age of eighteen years, by the said John & Chauncy Spalding out of {illegible} the said estate. And I do also order and direct that in case of the death of one or more of my daughters, their inheritance or share or shares shall then e given to the survivor or survivors equally.
I do also further order and give to my father-in-law John J. Countryman my land lying & being in the town of Danube, county aforesaid, and in a patent granted to Jacob Lansing and others, being part of Lot No. eighteen in said patent; the southwesterly part of said lot butted and bounded as follows: beginning at a stake at the southwesterly corner of a certain eight-acre lot belonging to Adolph N. Walrath out of said lot No. 18 on the line between lots 17 & 18; from there north eleven degrees etc. as is described in a deed executed by George Moyer, Jacob Moyer, Daniel Bauder & Adolph N. Walrath and their wives to John Moyer, bearing date June 7th, 1828; which said lands he is to sell and for the amount or sum it will bring to him, he is to pay my lawful debts and if any surplus remains, he is to pay it to my executrix.
I do also give, devise & bequeath to my father-in-law John J. Countryman my half of the farm lately purchased by him and myself of Jacob Dillenbaugh of the town & county aforesaid, who will hereby become obligated for the same in my stead, and who is to pay the value of half of the improvement made or done to said farm since the purchase thereof to my executrix.
And lastly, as to all the residue and remainder of my personal estate, goods and chattel of what kind and nature soever, I give and bequeath the same to my beloved wife Mariah Moyer, whom I hereby appoint sole executrix of this my last will & testament.
In witness whereof I have hereunto set my hand & seal the eighteenth day of April in the year of our Lord one thousand eight hundred and thirty-four. John Moyer { LL} Signed, sealed, published and declared by the above-named John Moyer to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.
Daniel N. Moyer
George Moyer
Albert Walrath
Herkimer County Surrogate's Office, ss:
To all to whom these presents shall come or may concern, Greetings. Know ye that I, Laurin Ford, Surrogate of the county of Herkimer, pursuant to the power in me vested by the laws of this state, have this day appointed and do hereby appoint Wyman Trask of the town of Little Falls, Special Guardian to Betsy Lorina Dingman, Chauncy Spalding Moyer, Caty Margaret Moyer, Nancy Moyer & Samantha Moyer, minor heirs of John Moyer deceased, under the age of twenty-one years, for the special purpose of taking care of their interests in the matter of the proving of the will of said John Moyer; the said Wyman Trask having first consented & agreed in writing to be appointed and to act as such special Guardian. {LS} In witness whereof I have hereunto set my hand and affixed my seal of office this 5th day of July in the year of our Lord one thousand eight hundred and forty-three.
Laurin Ford
Surrogate
In the matter of the last will and testament of John Moyer, deceased, as a will of real & personal property. Herkimer County Surrogate's Office ss: John Moyer of the town of Danube in the County of Herkimer, being duly sworn and examined, doth depose and testify that the instrument in writing in the hands of the Surrogate of the said county, purporting to be the last will and testament of John Moyer, deceased, was found amongst the papers of said deceased at his late dwelling house in the town of Danube after the decease of said John, and has been kept by the family of said deceased until it was delivered by this deponent to the Surrogate of Herkimer County; that this deponent s a son of said deceased; and this deponent verily believes the said instrument to be the identical last will and testament of the said John Moyer, deceased, and that the same hath been in no respect altered or changed since it was executed and published by the testator, or since it was delivered to this deponent -- John Moyer. Sworn, examined & subscribed this 31st day of July 1843, before Mr. Laurin Ford, Surrogate.
In the matter of the last will and testament of John Moyer deceased, as a will of real and personal property -- Herkimer County , SS: Daniel N. Moyer, of the town of Herkimer in the County of Herkimer, being duly sworn and examined, doth depose and testify that he was acquainted with John Moyer (now deceased) in his life time, that this deponent saw the said John Moyer subscribe the instrument now shown to the deponent purporting to be the last will & testament of the said John Moyer, bearing date the Eighteenth day of April in the year Eighteen hundred & thirty four, and that the said John Moyer at the same time declared the said instrument to be his last will & testament; and that this deponent together with George Moyer & Albert Walrath, the other subscribing witnesses to said will, subscribed his name as witness at the request of the said deceased; and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed, and in the presence of the testator & of each other; and at the time the same was executed, the deceased was of full lawful age & of sound mind & memory, and not under restraint to the best of the deponent's knowledge & belief.
Daniel N. Moyer, sworn, examined, & subscribed this 31st day of July, 1843 before me, Laurin Ford, Surrogate.
In the matter of the last will and testament of John Moyer deceased, as a will of real and personal property -- Herkimer County , SS:
Albert Walrath of the town of Herkimer in the County of Herkimer, being duly sworn and examined, doth depose and testify that he was acquainted with John Moyer (now deceased) in his life time, that this deponent saw the said John Moyer subscribe the instrument now shown to the deponent purporting to be the last will & testament of the said John Moyer, bearing date the Eighteenth day of April in the year Eighteen hundred & thirty four, and that the said John Moyer at the same time declared the said instrument to be his last will & testament; and that this deponent together with Daniel N. Moyer & George Moyer the other subscribing witnesses to said will, subscribed his name as witness at the request of the said deceased; and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed, and in the presence of the testator & of each other; and at the time the same was executed, the deceased was of full lawful age & of sound mind & memory, and not under restraint to the best of the deponent's knowledge & belief. Albert Walrath, sworn, examined & subscribed this 31st day of July 1843 before me, Laurin Ford, Surrogate.
State of New York
Herkimer County Surrogate's Office, ss:
Be it remembered that on the 31st day of July, eighteen hundred and forty-three, the written last will and testament of John Moyer, deceased, was admitted to probate & was duly proved as a will of personal property, and probate thereof was therefore granted; and at the same time said will was duly proved as a will of real property, upon & by the testimony of Daniel N. Moyer and Albert Walrath, two of the subscribing witnesses thereto; that upon such testimony taken on oath it appears that the said will was duly executed by the testator according to law. That he testator at the time of executing the same was in all respects competent to devise real estate, & not under any restraint. The said will & the said proofs & examinations so as aforesaid taken have been duly recorded in the proper book for that purpose provided & kept in the office of the Surrogate of Herkimer County [L.F.] In witness whereof I have hereto subscribed my name and affixed the seal of my office at Little Falls, this 31st day of July A.D. 1843. Laurin Ford, Surrogate
Herkimer County Surrogate's Office, SS.
I hereby certify the foregoing to be a true record of the original will of John Moyer, deceased, and of the proofs thereof. Dated July 31, 1843.
Laurin Ford,
Surrogate
[Transcribed by Nan Starjak]
Theobald Moyer
Herkimer Co., Vol F., 387
In the name of God, Amen. I, Theobald Moyer, of the town of Manheim in the County of Herkimer and State of New York being well of body and mind, but knowing the uncertainty of this life and knowing that it is appointed for all men once to die, do make and publish this as my last will and testament in manner and form following. Imprimis, I give and bequeath unto my beloved wife Margaret, during her natural life the use of the one third of my estate, both real and personal in lieu of dower.
Item. I give and bequeath unto my daughter Mary, the widow of Jacob G. Snell, the sum of thirty dollars to be paid her by my son John one year after my decease.
Item. I give and bequeath unto my daughter Margaret the wife of Peter Loucks the sum of thirty dollars to be paid to her by my son John two years after my decease.
Item. I give and bequeath unto my daughter Elizabeth the wife of Warner Dygert the sume of thirty dollars to be paid to her by my son John three years after my decease.
Item. I give and bequeath unto my son John D. Moyer and to his heirs and assigns forever all my real and personal estate I may die siezed [?] of, he suffering his mother to possess the one thrid as aforesaid and paying the bequeaths to his sisters as aforesaid.
And lastly I do nominate and appoint my son John D. Moyer my sole executor of this my last will and testament hereby revoking all former wills by me made. Theobald Moyer {seal}
Signed, sealed, and published by the said Theobald Moyer as his last will and testament who in our presence and we in the presence of each other subscribed our names as witnesses this fourth day of May 1836. Jacob Markell of the Town of Manheim, Herkimer County. Katharin Markell of the Town of Manheim, Herkimer County.
State of New York, Herkimer County, Surrogates Office. Be it remembered that on the 18th day of December A.D. 1838, the above last will and testament of Theobald Moyer deceased was admitted to probate & duly proved as a will of personal property & probate thereof was thereupon granted and at the same time said will was duly proved as a will of real property upon ___ the oaths and evidence of Jacob Markell & Katharine Markell the subscribing witnesses thereto and upon such proofs taken it appears that said will was duly executed, that the testator at the time of executing the same was in all respects competent to devise real estate & not under restraint, which will and proofs & examinations so taken have been duly recorded in the proper book for that purpose provided in the Surrogates Office. {L.S.} In witness whereof I have hereunto set my hand & affixed my seal of office this Eighteenth day of December in the year of our Lord one thousand eight hundred & thirty-eight.
Ch. S. Benton - Surrogate ex
Herkimer County -- Surrogates Office. I hereby certify the foregoing to be a true record of the original will and proofs thereof of Theobald Moyer deceased the eighteenth day of December in the year one thousand Eight hundred & thirty eight.
Ch. S. Benton
Surrogate
[the following immediately precedes the will itself in the will book]
Herkimer County, Surrogates Court. To all to whom these presents shall come or may concern, Greeting. Know ye, that I, Charles S. Benton, Surrogate of the County of Herkimer, pursuant to the power in me vested by the laws of this State, have this day appointed and do hereby appoint William Brooks Junior of the town of Little Falls, Special Guardian to Moses Kellogg and Elijah Kellog minor heirs of Theobald Moyer deceased, under the age of twenty one years, for the special purpose of taking care of their interests in the matter of the proving of the last will and testament of Theobald Moyer aforesaid, the said William Brooks Junior having first covenanted and agreed in writing to be appointed, and to act as such Special Guardian. In witness whereof I have {L.S.} hereunto set my hand and affixed my seal of office, this 29th day of September in the year of our Lord one thousand Eight hundred and thirty eight. Ch. S. Benton, Surrogate ex.
[Transcribed by Nan Starjak]
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