WILL: Michael Hallenbeck; Johnstown, Fulton co., NY surname: Hallenbeck submitted by Teresa Culver (tbc8 at cornell.edu) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: November 11, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.8 Kb ************************************************ Source: Fulton Co. Probate Records (FHL 513999) Written: November 5 1849 Recorded: February 18 1850 Vol 4, pg 73-76 Michael Hallenbeck Will (Nov 5, 1849) & Probate (Feb 18, 1850) (FHL 513999) Be it remembered that heretofore to wit on the twenty fourth day of December in the year one thousand eight hundred and forty nine Michael M. Hollenbeck one of the executors named in the last will and testament of Michael Hallenbeck late of the County of Fulton deceased, appeared in open court before the county judge of the County of Fulton and made application to have the said last will and testament which relates to both [real] and personal estate proved and on such application the county judge did ascertain by satisfactory evidence who were the widow, heirs, and next of kin of the said testator and their respective residences, and some of these appearing to be minors having no general guardian residing within the state of New York a special guardian was appointed in in (sic) due form of law to take care of their interest in the matter of proving the said will by an order entered for that purpose by said county judge, and said county judge did thereupon open a citation in due form of law directed to said widow, heirs, & next of kin and special guardians by their respective names stating their respective places of residence, requiring them to appear before said county judge at his office in Johnstown on the 11th day of February 1850, to attend the probate of the said will, and afterwards to wit on the said 11th day of February aforesaid satisfactory evidence by affidavit was produced & presented to said county judge of the service of the said citation in the mode prescribed by law, and on that day no one appearing to oppose the probate of the said will, such proceedings were thereupon had afterwards that the County judge took the proof of said will hereafter set forth upon this eighteenth day of February in the year one thousand eight hundred and fifty and he adjudged the said will to be a valid will of real and personal estate and the proofs thereof to be sufficient which said last will and testament and proofs are as of follows that is to say. Will In the name of God Amen I Michael Hallenbeck of the Town of Johnstown County of Fulton & State of New York being of sound mind & memory do publish this my last Will & testament that is to say First I give & devise to my son John M. Hallenbeck a part of that piece of land formerly occupied by Gilbert Mitchell being a part of lot number Fifty one in the Sacondaga patent The part of parcel of land devised to my son John is bounded on the East by a piece of land now owned & occupied by my said son John on the south by the highway leading to Johnstown on the west by lands of George Marple & on the North by a line running direct from the North-east corner of George Marples fields until it strikes the end of a certain log fence which divides the lands of Peter Carmichel from the lands now owned & occupied by my said son John the piece thus devised contain about twenty four acres of land be the same more or less & in consideration for which I bind my son John M. Hallenback to pay to my sons Michael, Baltis & Jacob the sum of fifty dollars by the first day of May in the year one thousand eight hundred and fifty-one the said sum of fifty dollars to be equally divided among my said sons Michael, Baltis, & Jacob. Secondly, I give & devise to my sons Michael, Baltis & Jacob & their heirs & assigns all the remaining lands that I am possessed of & on which I now reside being parts of Lots number fifty one & fifty two in the _acondaga patent supposed to be about one hundred & thirty acres be the same more or less & in consideration for which, I bind my said sons Michael, Baltis & Jacob to pay all the debts that I may be owing at the time of my decease together with my funeral charges they are also bound to give to my youngest son Philip at least one & a half years schooling in a common English school & to provide comfortable board & clothing for him during said time & they are afterwards to assist him in entering upon an apprenticeship for some trade if agreeable to him to learn a trade & at the expiration of five years from the time of my death they are to pay him the sum of five hundred dollars. I further bind my said sons Michael, Baltis & Jacob to pay to my daughter Magdalin the wife of Peter Hart, the sum of one hundred dollars to be paid her at the expiration of six years from the time of my decease & also they are to give to my daughter Catharine to (sic) good cows & as good an outfit as my daughter Magdalin has had to be given her at the time of her marriage & they are also pay my said daughter Catharine, the sum of one hundred dollars to be paid to her at the expiration of seven years from the time of my decease If my daughter Catharine should not marry until the time for the payment of the said one hundred dollars then the afore mentioned cows & outfit are to be given her at that time. I also bind my said sons Michael, Baltis & Jacob to allow to my wife Catharine the use of the west room in the house which we occupy during her life & also to provide for her necessary clothing & provisions & whatever may be needful for her comfort, medical & other needful attendance in sickness & in health necessary firewood cut or sawed & brought into her room & they are always to render to her such kind & affectionate treatment as becomes dutiful sons to their mother during her lifetime & this bequest to my said wife Catharine are to be in line of all dorman(?). Thirdly it is my will that after the decease of my wife Catharine all the household furniture that may then be remaining shall be equally divided between my daughters Magdalin & Catharine. Fourthly I give & devise also to my sons Michael, Baltis & Jacob all my stock of horses cows & hounds cattle, hogs poultry wagons sleighs & farming utensils and all my other personal property of every kind (not hereto fore disposed of) to be theirs, their heirs, & assigns It is my will that in the aforementioned bequest to my sons Baltis Michael, & Jacob that they shall share equally in all the property both real & personal devised to them & that they also share equally in all the payments & expenditures to which they are bound. Lastly I appoint my two sons Michael & Baltis executors of this my last will &testament hereby revoking all former wills by me made given under my hand & seal this fifth day of November in the year of our lord one thousand eight hundred & forty nine Michael his x mark Hallenback LS Signed sealed published & declared by the said Michael Hallenback to be his last will & testament in presence of us who have hereunto subscribed our names as Witnesses in the presence of the said Michael Hallenback Philip Hollenback of Johnstown Fulton Co., NY John B. Argenseener of Johnstown Fulton Co. State of New York Surrogate Court Fulton County In the matter of proving the Last will & testament Of Michael Hollenback deceased Fulton County LS Philip Hollenback & John B. Argerseener both of Johnstown Fulton County being duly sworn & summoned before John Wells County Judge of the county of Fulton do each of them for himself depose & say that they were well acquainted with Michael Hollenback now deceased that they were present as witnesses & did see the said Michael Hollenback make his mark at the end of the instrument in writing now judged & shown to these deponents bearing date the 5th day of November in the year 1849 purporting to be the last will & testament of the said Michael Hollenback deceased that the said Michael Hollenback at the time of making his said mark declared to these deponents the said instrument to be his last will & testament & requested these deponents to sign their names thereto as witnesses thereto. Thereupon these deponents each one accordingly signed their names as witnesses at the end of the said instrument. These deponents further say that the said Michael Hollenback at the time he so executed & made his mark to the said instrument was a citizen of the United State of full age of sound mind and memory in all respects competent to devise real estate & not under restraint & that John M. Benedict made the name of the said Michael Hollenback to the said instrument at the request of the said Michael & then the said Michael made his mark to the said name & instrument Subscribed & sworn before Philip Hollenback me this 18th day February 1850 John B. Argenseener John Wells County Judge LS Surrogate Court Fulton County In the matter of proving the Last Will & Testament of Michael Hollenback deceased Fulton County Ls John M. Benedict being duly sworn and summoned before John Wells County Judge of Fulton County says that he was well acquainted with Michael Hollenbeck now deceased that he was present & saw the said Michael Hollenbeck make his mark at the end of the instrument now produced & shown by this deponent bearing date the fifth day of Nov 1849 & purporting to be the last will & testament of the said Michael Hollenback deceased that this deponent wrote the said instrument or will for the said Michael Hollenbeck & at his request & dictation also this deponent wrote the name of the said Michael Hollenback at the end of the said instrument at the request of the said Michael also this deponent after he had written the said instrument read the same to the said Michael Hollenbeck who thereupon expressed himself satisfied with it & that it was all right & his will & after this deponent had written the name of the said Michael at the end of said instrument the said Michael made his mark thereto Subscribed & sworn before John M Benedict Me this 18th day of February 1850 John Wells County Judge Ls Fulton County LS recorded the proceeding last will & testament of Michael Hollenback deceased as a will of real & personal estate together with the proof taken before John Wells County Judge relating to the last will & testament which record is hereby signed & certified by me pursuant to the provisions of the revised statutes this 18th day of February 1850 John Wells Judge Additional Comments: (note it is fairly ambiguous throughout whether Hallenbeck or Hollenbeck or Hallenback) Also sometimes looks like Feb 18th and sometimes Feb 11th.