WILLS: Talman, John; Hudson, Columbia co., NY surname: Talman, Hogaboom, Peck, Root ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm File at: http://ftp.rootsweb.com/pub/usgenweb/ny/columbia/wills/vg/talman-john.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.5 Kb ************************************************ File contributed for use in USGenWeb Archives by: Joseph R. Punderson jrpunderson@punderson.us June 10, 2006, 9:55 am Source: sampubco.com Columbia County Ny Will Book, Volume G, Pp. 226-228 (sampubco Photocopy) Written: June 18, 1834 Recorded: September 27, 1834 State of New York, Columbia County SS: Be it remembered that at a Surrogates Court held in and for the County of Columbia at the Surrogates Office in the City of Hudson on the 27th day of September 1834 before Abraham A. Van Buren Surrogate an Instrument in writing, purporting to be the Last Will & Testament of John Talman dece.d was presented to the Law Court for proof as a will of real property by Heroine Talman named therein as executrix & Devisee who produced to the Law Court due proof by affidavit & admission of the Leagal personal Services upon all the heirs at law of said deceased residing in the State and upon Darius Peck heretofore appointed by the Court Guardian of John T. Whiting & Elizabeth A. Whiting minor heirs of said deceased of a notice of intention to prove said will as a will of Real Estate on this day and of the Leagal Services of Law noted upon all the heirs residing out of this State by publication in the Albany Argus the State paper as by law required and thereupon no one appearing to oppose the proof of said will the Law Court now proceeds to take testimony, in regard to the validity & due execution of said will which said notice admissions & affidavit of Services and Publication will & Testament are as follows to wit -- [page 227] To the heirs of John Talman late of the City of Hudson in the County of Columbia & State of New York deceased and all others whom this notice may concern you and each of you are hereby required to take notice that application will be made to the Surrogate of the County of Columbia at his office in the City of Hudson in said county on the 27th day of September 1834 at ten o’clock in the forenoon of that day to have the last will and Testament of the said deceased proved and Recorded as a will of Real property according to law Dated August 13th 1834 Heroine Talman, executrix & devisee Columbia County SS: I John T. Talman one of the heirs at Law of John Talman deceased above mentioned do hereby admit due personal Service of the above notice August 13, 1834 John T. Talman witness H. Hogaboom Columbia County SS: Henry Hogaboom of the City of Hudson in said county being duly sworn says that he is the subscribing witness to the above admission of Service & that he saw John T. Talman one of the heirs at law of John Talman deceased above mentioned execute the same & he further says that he did on the 20th day of August 1834 personally serve the above notice on David Peck Guardian at Law of John T. Whiting & Elizabeth Whiting by delivering to him a copy thereof. H. Hogaboom Sworn August 29th, 1834 before me A.A. Van Buren, Sur. Columbia County SS: Darius Peck of the City of Hudson in said county being duly sworn says that he did on the 20th day of August 1834 personally serve the above notice by delivering a copy thereof to each of the following persons, viz: Frank Punderson and Caroline M. his wife Heroine J. Talman and Anna E. Whitney; that the above named persons are generally reputed to be & and as the deponent has been informed and believes are the only heirs at law of John Talman deceased above mentioned except John T. Talman of Rochester and John T. Whiting and Elizabeth H. Whiting of Michigan Territory Darius Peck Sworn August 30th, 1834 before me A.A. Van Buren, Sur. State of New York City and County of Albany SS: Philo K. Cole of the City of Albany being duly sworn says that he is a foreman in the office of the Albany Argus and that the notice of which the annexed is a printed copy has been regularly published in said Albany Argus once in each week for six weeks successively commencing on the fifteenth day of August last past Philo K. Cole Sworn before me this 23d day of September 1834 J. M. Burt, Commissioner of Deeds [Page 228] In the name of God Amen I John Talman of the City of Hudson in the County of Columbia & State of New York being of sound & disposing mind memory and understanding do hereby make publish and declare my last will and Testament in manner and form following First, I order and direct that my executors herein after named pay all my just debts and funeral charges as soon after my decease as conveniently may be Secondly, I give devise and bequeath unto my beloved wife HEROINE all my real and personal estate of whatever name kind or nature the same may be which I shall own or be possessed of at the time of my death TO HAVE and TO HOLD the same unto my said wife Heroine her heirs executors administrators and assignees forever Third, I do hereby nominate and appoint my beloved wife Heroine Executrix of this my last will and Testament and hereby expressly [revoke] all and every former will by me made. In witness whereof I have hereunto set my hand and seal this eighteenth day of June in the year of our Lord eighteen hundred and thirty four. John Talman L.S. Signed, sealed published and declared by the testator to be his last will and testament in the presence of us who at his request and in his presence and in the presence of [one an]other have subscribed our names as witnesses Darius Peck of the City of Hudson Columbia County N.Y. Milo B. Root of the City of Hudson Columbia County Columbia County SS: Darius Peck & Milo B. Root of the City of Hudson in this County being duly sworn do severally depose and say that they saw John Talman of the same place deceased subscribe his name to the Instrument now shown them bearing date on the eighteenth day of June one thousand eight hundred and thirty four and heard him declare the same to be his last will and Testament; that he the said John Talman at the time of subscribing said instrument and declaring the same to be his last will and testament was of sound mind and full age and not under restraint; that they these deponents severally subscribed their names as witnesses to the said will in the presence and at the request of the said testator; that the said John Talman was at the time of his death an inhabitant of the County of Columbia aforesaid Darius Peck Milo B. Root Sworn before me this 27th day of September 1834 The foregoing proofs and examinations were taken before me the Surrogate aforesaid at the time and place above mentioned and the depositions of the several witnesses were by them respectfully subscribed after they had been carefully read over to them. And I the said Surrogate being satisfied upon the proofs & examinations so taken as aforesaid that the said will was duly executed, that the testator at the time of executing same was in all respects competent to devise real estate and not under restraint. I do adjudge the said will duly proved as a will of real property & have ordered said will proofs & examinations to be recorded which record as herein above contained I do sign and certify as by law required done this 27th day of September 1834 [signed] Alexander A. Van Buren, Surrogate