Will of Jacob Hone

Schoharie County NYGenWeb Site

Submitted by Linda Roorda

(b. May 3, 1787, d. Oct 7, 1869)

Schoharie County NY Will Book Vol. 8 page 541

In the name of God Amen. I George Hutton now residing in the town of Carlisle Schoharie County NY of the age of Seventy eight years or thereabouts and being of sound mind & memory do make publish and declare this my last will and testament in manner following that is to say: First I direct that my body shall be decently and properly intered (sic) by my
friends and under the direction of my Executor hereinafter mentioned who is hereby directed out of my estate to pay all just and proper funeral expenses according to my position in Society; the balance of my said Estate & property which consists mainly of a bond & mortgage against my son Abram Hutton for about three thousand Dollars and a note against Jonathan Hutton my son for five hundred and ten dollars & forty one cents I hereby dispose of as follows.

First: I give devise and bequeath to my son Abram Hutton, the sum of twenty five dollars to be paid in one year after my decease;
Secondly I give devise and bequeath to Jane Lenett widow of my deceased son Wyckoff Hutton, Two hundred dollars to be paid as aforesaid in one year after my decease with interest;
Fourthly (sic, no thirdly), I give devise and bequeath to my grandchildren the children of my daughter Maria wife of Peter Bellinger which said daughter is now deceased, being Elizabeth, Sarah, Henry, Lydia, George, Elijah & Elisha the Sum of three hundred & fifty dollars to be equally divided among them Share & Share alike;
Fifthly, I give devise & bequeath to my daughter Lydia, wife of Christopher Otman the Sum of two hundred dollars to be paid her as aforesaid in one year after my decease with interest;
Sixthly, I give devise and bequeath to Harriet Fero daughter of  Isaac Fero deceased the sum of two hundred dollars to be paid her by my executor hereinafter named without interest in ten equal annual payments from my decease;
Seventhly, I give & bequeath to my son Timothy Hutton the Sum of Five hundred dollars in one year after my decease with interest;
Eighthly, I give devise and bequeath to the children of my deceased son Jonathan the proceeds of a promissory note made by said Jonathan Hutton conditioned to pay five Hundred and ten dollars and forty one cents dated Apr 12th 1864 with use which said note I direct to be kept in life, the interest to be expended for the benefit of said children & the principal to be divided among them equally when they shall arrive at the age of twenty one years respectively - All the rest and residue of my Said Estate after deducting my funeral expenses and debts and expenses of Settling my Estate I give devise and bequeath to my daughter Eliza wife of Jacob Tillapaugh (squeezed between two lines, arrow at this point - "and lastly I hereby constitute and appoint Jacob Tillapaugh") Executor of this my last will and testament hereby revoking all former wills by me heretofore made. In witness of whereof I have hereunto set my hand and seal this fourth day of April A.D. 1866. George X Hutton SS
                (his mark)

The above instrument consisting of two sheets was at the date thereof
Signed Sealed published & declared by the Said George Hutton as and for his
last will & testament in presence of us (___, faded) at his request and in
his presence and in the presence of (____, faded) other have Subscribed our
names as witnesses thereto.
F. P. Moulton, Root, NY
Nathan Seeley, Carlisle, NY

Schoharie County}
Surrogate Court }
In the last Will & testament}
of }
George Hutton late of }
Carlisle, deceased } Schoharie County SS
David Seeley being duly sworn says he resides in the town of Carlisle and has for many years, that Nathan Seeley the Subscribing witness to the instrument now here shown formerly resided in the town of Carlisle where the said deceased resided; that the said Nathan Seeley resided at the date of the execution of said will in Carlisle aforesaid but has since removed to the State of Minnesota and now resides there & is not a resident of the State of New York, And this deponent further says that he is a brother of said Nathan Seeley & has often seen him write & is well acquainted with his
handwriting and this deponent further says the name Nathan Seeley to the instrument now exhibited to this deponent purporting to be the last will & testament of George Hutton & bearing date the fourth day of April 1866 is in the hand writing of said Nathan Seeley & this deponent has no doubt said Nathan Seeley became the subscribing witness as aforesaid to said will & that said signature is genuine & further deponent says not.
Subscribed and sworn to } David Seeley
Before me this 13th day of Dec 1869}
Wm C. Samout (??), Co. Judge

Schoharie County}
Surrogate Court }
In the Matter of proving }
the Will of George Hutton }
deceased } Schoharie County SS
Freemont P. Moulton of Root in the County of Montgomery being duly Sworn in open court do depose and say that he is a Subscribing witness to the Last Will & testament of George Hutton in the town of Carlisle of Schoharie County decd, that the said George Hutton did in the presence of this deponent Subscribe his name at the end of the instrument which is now shown and exhibited to this deponent and which purports to be the last will and testament of the said George Hutton and which bears date on the fourth day of April in the year of our Lord one thousand eight hundred & sixty six
Deponent further says that the said George Hutton the said testator did at the same time of subscribing his name as aforesaid at the end of the said will declared the said instrument so subscribed and now exhibited to be his last will and testament and this deponent did thereupon subscribe his name at the end of the said will as attesting witness thereunto at the rest and in the presence of the said testator, Deponent further says that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of this deponent subscribing his name as attesting witness hereto as aforesaid, the said George Hutton was of Sound Mind and Memory of full age to execute a will of Real Estate and was not under nay restraint to the knowledge & information and belief of the deponent, and further this deponent says not.
Sworn & Subscribed this 18th} F. P. Moulton
Day of Dec 1869 before me }
Wm C. Samout Co. Judge

State of New York}
Schoharie County }
I William C. Samout County Judge of Schoharie County do hereby certify that the foregoing is a true copy of the last will and testament of George Hutton deceased and that the same was duly admitted to probate on the 18th day of December 1869 as a will of Real and personal Estate pursuant to the Statute in such case made and provided, and further certify that the profs and examinations taken in relation to the execution thereof are herein recorded.
Wm. C. Samout, Surrogate

[I am not certain this name is Samout, but letters seem to spell this

Transcribed: Jul 7, 2002 from SAMPUBCO copy
Linda A. Roorda

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