WILL: Nathan Herrick; New Lebanon, Columbia co., NY surname: Herrick, Cooley, Conant submitted by Tim Masloski (tsm @ goodhind.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Tim Masloski Columbia Co NY Will Book Vol. E page 148 Last Will and testament of Nathan Herrick of the town of New Lebanon of the County of Columbia and State of New York. Registered Feby. 13, 1826. I Nathan Herrick of the town of New Lebanon County of Columbia and State of New York considering the uncertainty of this mortal 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 (Viz.) Item first - I give and bequeath unto my beloved wife Mary Herrick one equal and undivided third part of all my real estate so long as she remains my widow Item second I give and bequeath unto my five sons Viz. Nathan Herrick, Denison Herrick, Luther Herrick Elisha Herrick and Calvin Herrick - the whole of my real estate after the decease of my beloved wife Mary to be divided equal between them according to values - Item third I give and bequeath unto William S. Herrick the sum of five dollars in addition to what he has had before Item fourth I give unto my two daughters Eunice Cooley [? spelling] and Mary Conant - the sum of five dollars to be equally divided between them which several legacies or sums of money I will and order to be paid to the said respective legates within one year after my decease or if my wife Mary should be the longest liver then the said legacies shall be paid within six months after her deceas [sic] - and I hereby appoint Denison Herrick and Calvin Herrick my Executors of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this twelfth day of November one thousand eight hundred and nineteen. And lastly my espress will and meaning is and I do hereby order and approve that if any differences, dispute, question or controversy shall be moved arise or happen concerning any gift contained that then no suit or suits in law or equity or otherwise shall be brought commenced or prosecuted for and concerning the same but the same shall be referred wholly to the award order and determination of my friends William Pratt and John Kirby both of New Lebanon aforesaid and what they shall order or determine therein shall be binding and conclusive to all and every person and persons therein concerned. Signed sealed published and declared by | the above named Nathan Herrick to be | his Last Will and Testament in the presents | Nathan Herrick LS (circled) of us who have hereunto subscribed our names | and witnefs in the presents of the Testator | Lester Herrick - William Herrick D. Smith Junior State of New York County of Columbia Ls: Be it remembered that on the [thirteenth ?] day of February in the year of our Lord one thousand eight hundred and twenty six Daniel Smith Junior personally came before me Abraham Van Buren Surrogate of the County of Columbia and being duly sworn did depose and say that he saw Nathan Herrick execute the instrument of which the present is a copy on and for his last will and testament that at the time of the execution. Whereof he the said Nathan Herrick was of sound mind and disposing mind according to the best of the Knowledge and belief of him the said deponent and that he the said deponent Lester Herrick and William Herrick severally subscribed their names as witnesses to the said will in the presence of the testator and each other. AA Van Buren, Surrogate State of New York County of Columbia Ls: Be it also remembered that on the same day and year aforesaid Denison Herrick and Calvin Herrick executors in the said will of the said Nathan Herrick named personally appeared before me Abraham Van Buren Surrogate as aforesaid and were duly qualified in the due performance and execution of the said will by taking the oath in such case by law appointed. AA Van Buren, Surrogate L.S. The People of the State of New York by the Grace of God free and Independent. To all to whom these presents shall come or may concern send greeting: Know ye that at Ghent in the County of Columbia the day of the date hereof before Abraham Van Buren Esquire Surrogate of our said County, the last will and testament of Nathan Herrick deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by us and the said deceased having whilst he lived and at the time of his death, good chattels and credits within this state by means whereof the proving and registering the said will and the granting administration of all and singular the goods chattels and credits, and also the auditing allowing and final discharging the account thereof doth belong unto us: the administration of all and singular the goods chattels and credits of the said deceased and any way concerning his will is granted unto Denison Herrick and Calvin Herrick executors of the said will named they being first duly sworn will and faithfully adminster the same, and to make and exhibit a true and perfect inventory of all and singular the said goods, chattels and credits and also to send a just and true account thereof when thereunto required. In testimony when we have caused the seal of office of our surrogate of the said County affixed Witness Abraham A Van Buren Esquire Surrogate of the said County at Ghent thirteenth day of February in the year of our Lord one thousand eight hundred and twenty six and of our Independence the fiftieth. A. A. Van Buren