WILL: John H. Overhiser; Hudson, Columbia co., NY surname: Overhiser, Belding, Goodsell submitted by Bernie Schwindt (schwindt @ ndsupernet.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: August 4, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 7.3 Kb ************************************************ Source: Sampubco Columbia co NY Will Book Vol. S page 623 Written: February 15 1887 Recorded: May 18 1888 Record of the last will and testament of John H. OVERHISER, late oif the city of Hudson, Columbia county, NY, deceased, as a will valid to pass real and personal property, together with the proofs relating thereto, taken in the Surrogates Court of the county of Columbia, NY and the decree admitting said will to probate. RECORDED MAY 18, 1888 Know all men by these presnts that I, John H. Overhiser, of Hudson, Columbia county, New York do hereby make publish and declare this my Last Will and Testament in manner and for as follows; FIRST; I give and bequeath to my beloved wife Eliza Overhiser, all my household goods contained in my said house in use or otherwise belonging to me at my decease of every name or kind soever, to be subject to her use or disposal in such manner before or at her decease as in her judgement and discretion she may deem proper. I further give and bequeath to her my said wife, the use of my house and lot in the City of Hudson aforsaid during her life time and in case she does not desire to occupy it herself, then the rents and proceeds arising therefrom to be payable to her during her life, and in case she and my executor herinafter named, shall at any time deem it best and proper to sell the said house and lot, and do sell the same, then the interest accruing and arising from the sum of such sale to be payable to her during her life. And I hereby further give and bequath to my said wife the use of an equal one third part or portion of all my personal property that I may possess at my decease after the payment of all debts and funeral expenses during her natural life and after her decease the principal sum of such one third and also the house and lot, or the proceeds of the sum arising therfrom its sale, to be divided in the same manner and between the same person to whom I herin bequeath the residue of my property. And such bequests to my said wife are made in lieu of all dower or rights of dower. SECOND; I give and bequeath to my two daughters, Harriet E. BELDING and Emily G. GOODSELL all the residue (including the principal sums above mentioned and set apart for the use of my said wife during her life and due at her decease) of my real and personal estate of which I may die seized and possessed, and to be divided equally between them, each to share and share alike. THIRD; I hereby nominate, constitute and appoint my two sons-in-law, Elijah Belding and Theodore J. Goodsell my executor of this my Last Will and Testament (neither of whom to be required to give bonds in consequence of their being non-residents) with full power to sell and convey by deed or otherwise any or all real estate I may own at my decease, at either public or private sale, as they may deem best. In Witness whereof, I have hereunto set my hand and seal and publish and declare this to be my Last Will and Testament in the presence of the witnesses named below, this fifteenth day of February, 1887 JOhn H. Overhiser (L.S.) Signed, sealed and published and declared by the said John H. Overhise as and for his Last Will and Testament, who in his presence and in the presence of each other at at his request we buscribe our names as witnesses: Witnesses; Albert Bush, Hudson, NY Almon Snyder, Hudson, NY Surrogate Court, County of Columbia in the matter of proving the Last Will and Testament of John H. Overhiser, deceased Columbia county, NY. Albert Bush of the City of Hudson and Almon Snyder of the City of Hudson in the county of Columbia, being first duly sworn in open court, on their oaths do depose and say that they are subscribing witnesses to the instrument now shown to them, purporting to be the Last Will and Testament of John H. Overhiser, late of the City of Hudson, in the county of Columbia aforsaid, deceased, and bearing date on the fiftenth day of February in the year of our Lord one thousand eight hundred eighty seven. That the deponents signed their names as witnesses to said insturment at the request, and in the presence of the said John H. Overhiser and in the presence of each other. That the deponents saw the said John H. Overhiser execute the said insturment, and heard him declare the same to be his Last Will and Testament, at which time the said John H. Overhiser was upwards of twenty once years of age and of sound mind and memory, and not under restraint to the knowledge or belief of these deponents. That the said John H. Overhiser is now dead and was at the time of his death an inhabitant of the City of Hudson, in the county of Columbia and state of New York. Sworn to before me this 18th day of May 1888 Albert Bush Isaac N. Collier Almon Snyder Surrogate --------------------------------------------------------------------------- At a Surrogate Court held in and for the County of Columbia, at the Surrogates office in the City of Hudson, on the eighteenth day of May 1888. Present The Surrogate In the Matter of the Last Will and Testament of John H. Overhiser, deceased On the application of th ewidow, of the only heirs at law and only next of kin of deceased, and of the executors named in said will, all being of full age, and after hearing the proofs, and if appearing that said will was duly executed, that the testator was at the time of making said will, in all respects competent to make the same and was not under any restraint, It is ordered and decreed that said will bearing date Febrary 15, 1887 be, and the same hereby is admitted to Probate as a Will valid to pass real and personal property, and that the same, with the proofs relating thereto, be recorded accordingly, the probate of said will not having been contested. Ordering further that Letters Testamentary thereof issue to Elijah Belding and Theodore J. Goodsell, executors named in said will, they having each taken and filed the oath prescribed by law Isaac N. Collier Surrogate Columbia County, ss: Recorded the preceding Last Will and Testament of John H. Overhiser late of the City of Hudson, Columbia county, New York deceased as a Will valid to pass real and personal property with the proofs relating thereto, taken in the Surrogates Court of the County of Colubia, NY, and the Decree admitting said Will to probate, which record is hereby signed and certified by me, pursuant to the provisions of the Statues of the state of New Yor, this 18thy day of May 1888. Isaac N. Collier Surrogate