WILL: Eliza A. Overhiser; Hudson, Columbia co., NY surname: Overhiser, Downing, Belding, Goodsell, Briggs 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 5, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.6 Kb ************************************************ Source: Sampubco Columbia co NY Will Book Vol T page 47 Written: June 5 1883 Recorded: April 13 1889 Record of the Last Will and Testament and Codicil thereto of Eliza Overhiser, late of the city of Hudson, Columbia County, NY, deceased, as a will and codicil thereto 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 and Codicil thereto to Probate Recorded April 13, 1889 Know all men by these presents that I, Eliza Overhiser, wife of John H. Overhiser of Hudson, Columbia County, New York, do hereby make, and publish and declare this my Last Will and Testament, as follows; FIRST: I give and bequeath unto my brother Isaac Downing Jun. the sum of one thousand dollars, that being the amount I received from my fathers estate. SECOND: I give and bequeath to my two nephews, sons of my brother, Isaac Downing Jun. viz: Delevan B. Downing and Milton J. Downing the sum of ($500) five hundred dollars each. THIRD: I give and bequeath unto my husband John H. Overhiser in case he survives me, and after paying all or any debts liabilities and funeral expenses, all the residue of my Estate. And in case he does not survive me, then I give and bequeath the same and any and all other sums or any accumulations of sums, whether I have received such sums from bequests, legacies or interest on use of any real or personal property whatsoever, divided by virtue of the will of my said husband or from any and all other surces, that I have not used or expended at or before my decease, together with any and all household good or articles of value that I may possess at my decease, to my two nieces, daughters of my said husband Harriet E. Belding and Emily J. Goodsell, each to share and share alike of the same. FOURTH: I hereby constitute and appoint Elijah E. Belding and Theodore J. Goodsell Executors of this my Last Will and Testament, and direct that they be not required to give bonds as non-resident. In testimony whereof I have hereunto set my hand and seal and publish and declare this to be my Last Will and Testament in presence of the witnesses named below this fifth day of June 1883 Eliza Overhiser (L.D) Signed sealed published and declared by the said Eliza Overhiser as and for her Last Will and Testament in presence of us, who, in her presence and in the presence of each other and at her request have herunto subscribed our names as witnesses Charles C. Terry of Hudson, New York Anna E. Terry of Hudson, New York I Eliza Overhiser, of the city of Hudson, Columbia county, NY, having heretofore made my Last Will and Testament, bearing date on the fifth day of June 1883, do hereby make, pubish and declare this instrament to be a Codicil to my Last Will and Testament, to be annexed to and form a part of the same, viz: FIRST: I give and bequeath unto my brother Mulford H. Downing the sum of three hundred dollars. SECOND: I give and bequeath unto my brother Charles H. Downing the sum of five hundred dollars. THIRD; I give and bequeath to my niece Sarah E.Briggs my gold watch and chain. FOURTH: Whereas by the second clause of my said Last Will and Testament, I have given and bequeathed unto my nephew, Milton J. Downing the sum of five hundred dollars and it is my wish that if I should survive my said nephew Milton J. Downing that said legacy so bequeathed to him shoud go to my brother Isaac Downing (father of said Milton J. Downing) Now therefore, if my said nephew, Milton J. Downing should not be living at tht time of my decease, then and in such case I hereby give and bequeath said legacy of five hundred dollars to my brother Isaac Downing (the father of said Milton J. Downing) but if said Milton J. Downing should be living at the time of my decease then this fourth clause of this codicil to my said Last Will and Testament is to be of no effect. I hereby ratify and confirm my said Last Will and Testament except so far as the same has been changed and modified by this codicil of my Last Will and Testament. In witness whereof, I have herunto set my hand and seal to this codicil to my Last Will and Testament this --day of December one thousand eight hundred and eighty eight Eliza Overhiser (L.S.) The above instrument written upon this page, was on the day of the date thereof , signed, sealed, published and declared by the said testatrix, Eliza Overhiser, as and for a codicile to her Last Will and Testament in the presence of us, who at her request and in her presence and in the presence of each other have subscribed our names as witnesses thereto December 8, 1888. Robert H. Moores, Hudson, NY Pauline P. Moores Surrogates Court, County of Columbia in the matter proving the Last Will and Testament & Codicil thereto of Elkiza Overhiser deceased Columbia County,ss: Charles C. Terry of the City of Hudson and Anna E. Terry of the City of Hudson, n the county of Columbia, being first duly sworn in open court on ther 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 Eliza Overhiser late of the City of Hudson, in the county of Columbia, aforsaid deceased and bearing date on the fifth day of June in the year of our Lord one thousand eight hundred and eighty three. That the deponents signed their names as witnesses to said insturment at the request and in the presence of the said Eliza Overhiser and in the presence of each other. That the deponents saw the said Eliza Overhiser execute the said insturment and heard her declare the same to be her Last Will and Testament, at which time the said Eliza Overhiser was upwards of twenty one years of age and of sound mind and memory and not under restraint to the knowledge or belief of these deponents. That the said Eliza Overhiser is now dead and was at the time of her death an inhabitant of the City of Hudson in the county of Columbia and state of New York. Sworn to before me this 13 day of April 1889 Charles C. Terry Isaac N. Collier Anna E. Terry Surrogate Surrogate Court, County of Columbia In the matter of proving the Last Will and Testament & codicil thereto of Eliza Overhiser Deceased Columbia County, ss: Robert H. Moores of the City of Hudson and Pauline P. Moores 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 a codicil to the Last Will and Testament of Eliza Overhiser late of the City of Hudson, in the county of Columbia, aforsaid, deceased and bearing date on the eight day of December in the year of our Lord one thousand eight hundred and eighty eight. That the deponents signed their names as witnesses to the said intrument at the request and in the presence of the said Eliza Overhiser and in the presence of each other. That the deponents saw the said Eliza Overhiser execute the said instument, and heard her declare the same to be a Codicil to her Last Will and Testament, at which time the said Eliza Overhiser was upwards of twenty one years of age, and of sound mind and memory and not under restraint to the knowledge or belief of these deponents. That the said Eliza Overhiser is now dead, and was at the time of her death an inhabitant of the City of Hudson in the county of Columbia and state of New York. Sworn to before me this 13th Pauline P. Moores day; of April 1889 Robert H. Moores Isaac N. Collier Surrogate At a Surrogates court, held in and for the county of Columbia at the Surrogates office in the city of Hudson, on the thirteenth day of April, 1889. Present-The Surrogate In the matter of the Last Will and Testament and Codicil thereto of Eliza Overhiser Deceased On the application of Elijah Belding and Theodore J. Goodsell, executors named in the will of deceased and on filing a waiver of issuing and service of citation duly executed and acknowledged on the part of all the heirs at law and next of kin of deceased, all of full age, and the husband of deceased being dead and after hearing the proofs, and it appearing that said will and codicil thereto were each duly executed; that the testatrix was, at the times of making said will and codicil thereto, in all respects competent to make the same and was not under any restraint. It is ordered and decreed that said will bearing date June 5, 1883 and said codicil bearing date December 8, 1888 be and the same hereby are admitted to probate as a will and codicil thereto valid to pass real and person property and that the same, with the proofs relating thereto be recorded accordingly, the probate of said will and codicil thereto not having been contested . Ordered further that letters testamentary therof issued to Elijah Belding and Theodore J. Goosell, executors named in said will, they haveing taken and filed the oath prescribed by law. Isaac N. Collier Surrogate Columbia county, ss. Recorded the preceding Last Will and Testament and Coidicil thereto of Eliza Overhiser late of the city of Hudson Columbia county, NY, deceased, as a will and codicil thereto, valid to pass real and personal property with the proofs relating thereto taken in the surrogates court of the county of Columbia, NY and the decree admitting said will and codicil thereto to probate which record is herby signed and certified by me pursuant to the provisions of the statutes of the state of New York this 13 day of April 1889. Isaac N. Collier Surrogate