Last Will & Testament
of Samuel Hatch
Transcribed from SAMPUBCO copy by Kristin
Grip
Rome, Oneida Co., NY, Will Book Vol 2, Page
199
Record of Will
The last will and testament of Samuel Hatch
of the town of Rome, County of Oneida and State of New York.
I Samuel Hatch considering the uncertainty
of this mortals life, and being of sound mind and memory (blessed be Almighty
God for the same) do make and publish this my last will and testament in
manner and form following (that is to say). First of all it is my will
and desire that so much of my property as will be sufficient in addition
to debts due me, to pay my debts, be disposed of for that purpose, as soon
after my decease as may be convenient. Also, I give and devise to my beloved
wife Lois one third of my property remaining after paying my debts, together
with all the household furniture, a cow and five sheep, excepting one desk
which I wish my Executors to dispose of, towards paying my debts. This
bequest to be in lieu of my wifes dower. Also, I give and bequeath unto
my sons Benjamin & Sylvenus six acres of land belonging to me lying
in the town of Sheffield, Berkshire County, Massachusetts, to them and
their heirs forever. Also I give and devise to my youngest son Burrell
forty dollars, to be paid to him within three years after my decease by
my Executors. The remainder of my property both real and personal it is
my will and desire should be within three years after my decease and sooner
if convenient, be equally divided among my children & their heirs –
viz Benjamin, Sarah, Mary, Sylvenus, Fanny, Burrell and Jane. And I do
hereby appoint my sons Benjamin Hatch and Sylvenus Hatch Executors, and
my wife Lois Executrix of this my last will and testament. And my will
is and I do hereby declare that my said Executrix and Executors shall not
be charged or be accountable for more of the aforesaid monies & estate
than they shall actually receive, or shall come to their hands, or for
any less that shall happen of the said monies or estate, so as such loss
does not happen by their neglect. And also, that it shall & may be
lawful for my said Executrix & Executors to settle my estate and to
see that all the provisions of my will be carried into effect, and also
out of the said pr_? respectively, and out of the residue of my personal
estate to deduct and reimburse themselves respectively, all such loss,
costs, charges & expenses they may sustain, expend or be put to for
or by reason of the performance of this my will, or the management or execution
thereof respectively, or any other thing relating thereto. And lastly my
express will and meaning is, and I do hereby order and appoint that if
any difference, dispute or controversy shall arise or happen concerning
any gift bequest, matter or thing in this my will given or bequeathed,
expressed or contained, that then no suit or suit in law or equity or otherwise
shall be brought commended or prosecuted for an concerning the same, but
the same shall be referred wholly to the awards order & determination
of my friends Theophilus Waterman and Lazarus Wheeler, both of Rome, and
what they shall order, direct or determine therein, shall be binding and
conclusive to all and every person and persons therein concerned. In witness
whereof I have hereunto put my hand & seal, this seventeenth day of
February, one thousand eight hundred & twenty.
Samuel Hatch {L.S.}
Signed, Sealed, published & declared
by the above Samuel Hatch to be his last will & testament, in the presence
of us who have hereunto subscribed our names as witnesses in the presence
of the testator.
Charles Wylie Benjn P. Johnson Amos Barrus
State of New York
Oneida County ss.
Be it remembered that on this nineteenth
day of July in the year of our Lord eighteen hundred & twenty, before
me G_? C. Bronson, Surrogate of the County of Oneida, personally appeared
Benjamin P. Johnson, one of the subscribing witnesses to the foregoing
last will and testament of Samuel Hatch, deceased and being by me duly
sworn did depose and say that he saw the said Samuel Hatch sign and seal
and heard him publish and declare the same as and for his last will and
testament; and that at the time thereof the said Samuel Hatch was of sound
and disposing mind & memory; and that he the said Benjamin P. Johnson
together with Charley Wylie & Amos Barrus subscribed their names to
the said will as witnesses in the presence of the Testator, and the presence
of each other.
G_? C. Bronson
Kristin
Grip
Page 2 – Pre-typed template document from
the state of Ohio. The blank spaces are completed in handwritten
cursive. I’ve Underlined the spaces that were completed in
someone’s handwriting.
At a Surrogate’s Court, held at the Surrogates
office in Rome in the County of Oneida, on the 7th day of March A. D. 1866,
before Joseph S. Avery, Esg, Surrogate of the said county, for the purpose
of proving and recording the last Will and Testament of William W. Harris
late of the town of Florence, in the County of Oneida, deceased, in pursuance
of chapter sixth, title first, article first, part second, of the revised
statues of the state of New York and of an act entitled “An Act Concerning
the Proofs of Wills, Executors and Administrations, Guardians and Wards,
and Surrogated Courts, passed May 16, 1837 and other acts concerning the
same, on the application of S. Lewis Smith in said Will name Executor.
?? Guardian, David L. Brown being duly sworn and examined in open
court, testified that he was well acquainted with William W. Harris deceased,
and had been for the last 12 years immediately preceding his death; that
he died in the month of January, last past, at Florence in the county of
Oneida, which was his last place of residence at the time of his death;
that he heard the said Testate or Acknowledge the paper here offered to
be proved, recorded and admitted to probate as the last Will and Testament
of the said deceased; on the day the same bears date,(the seal having been
previously affixed) that the deponent signed the same at the same time,
as a subscribing witness, in the presence of the Testat ___? and at his
request, and in the presence of Hannah F. Brown who also at the same time
as subscribing witness, in the presence of the Testat on and at his request,
and at the presence of this deponent that the said Testat __?, at the time
he co-signed the said Will, then and there in the presence of this deponent,
and in the presence of the other subscribing Witness, published and declared
the same as and for his last Will and Testament; and this deponent further
says that the said Testat or at the time he so signed, published and declared
the same as aforesaid, was of sound and disposing mind and memory, and
of full age, and not under restraint, and competent to devise Real Estate.
(Signature) David L. Brown
Hannah F. Brown being duly sworn and examined
in open court, testified that he was well aquanted with William W. Harris,
deceased, and had been for the last 30 years immediately preceding his
death, that he died in the month of January last past, at Florence, in
the county of Oneida, which was his last place of residence at the
time of his death, that he heard the said Tesat on **acknowledge the paper
here offered to be proved, recorded and admitted to probate as the last
Will and Testament of the said deceased, on the day the same bears date,
(the seal having been previously affixed) that this deponent signed the
same at the same time as a subscribing witness in the presence of the Testat
and at his request, and in the presence of
David L Brown who also at the same time
signed the same as subscribing witness in the presence of the Testat and
at his request, and in the presence of this deponent that the said Tesat__?
at the time he so signed the said Will, then and there, in the presence
of this deponent and in the presence of the other subscribing witness published
an declared the same as and for his last Will and Testament; and this deponent
further says that the said Testat, at the time he so signed, published
and declared the same as aforesaid, was of sound and disposing mind and
memory, and of full age, and not under restraint and competent to devise
Real Estate. (Signature) H. F. Brown
The foregoing proofs and examinations having
been taken before me, the Surrogate aforesaid, at the time and place above
mentioned, and the depositions of the respective witnesses having been
by them respectively subscribed after having been carefully read over to
them. I, the said Surrogate, being satisfied upon the said proofs
and examinations taken, that the said Will is genuine and valid, and was
duly executed and the said Testat___? At the time of executing the same,
was in all respects, competent to devise Real Estate, and not under restraint,
do therefore allow the said Will to be admitted to probate, as a Will of
Real and Personal Estate and the said Will proofs and examinations to be
recorded Witness, Joseph S. Avery, Surrogate aforesaid, the Seventh day
of March 1866 (Signature) Joseph S.
Avery, Surrogate
Jackie
Harris Doom