WILL: Holmes Rider; Frankfort, Herkimer co., NY surname: Rider, submitted by Allen White (alwhite @ comcast.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.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Allen White Herkimer co NY Will Book Vol 32, page 261 Surrogate's Court - County of Herkimer In the matter of proving the Last Will and Testament of Holmes RIDER Deceased Herkimer County ss.: J. W. RAYHILL of the city of Utica in the county of Oneida State of New York and Clara L LOOMIS of the city of Utica in the County of Oneida State of New York being each duly sworn, do depose and say, the said J. W. RAYHILL for himself that he is a subscribing witness to the Last Will and Testament of Holmes RIDER late of the town of Frankfort in said County of Herkimer, deceased; and the said Clara L Loomis for herself that she is a subscribing witness to the Last Will and Testament of said Holmes RIDER late of the said town of Frankfort in said County of Herkimer, deceased; and that the said deceased did on the 9th day of April 1904, in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to these deponents, and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 9th day of April 1904; that the said deceased did at the time of subscribing his name to said instrument as aforesaid, declare the same to be his Last Will and Testament; and these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of said deceased, and in our presence, and in the presence of each other. That said deceased at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty-one years of age; that he appeared to be sound mind and memory, and was not under restraint to the knowledge or belief of these deponents. Sworn, examined and subscribed, before me, this Jas W. RAYHILL 23rd day of January 1905 Clara L. LOOMIS IRVING R. DEVENDORF Surrogate At a Surrogate's Court, held at the Surrogate's Office in Herkimer, in and for the County of Herkimer, the 23rd Day of January 1905. Present, HON. IRVING R. DEVENDORF Surrogate Surrogate's Court-County of Herkimer In the Matter of Proving the Last Will and Testament of Holmes RIDER deceased Satisfactory proof by affidavit having been made and filed of the due service of the citation heretofore issued in this matter, requiring the proper persons to appear in this Court on the 23rd Day of January A.D., 1905, at 10 o’clock in the forenoon, and attend the Probate of the last Will and Testament of Holmes RIDER, late of the town of Frankfort in the County of Herkimer and State of New York, deceased, and J. W. RAYHILL Esq. of Utica, NY. Attorney for Martin H. Rider executor named in said will and the partitioner for the probate thereof having appeared in support of the proof of the said petitioner and the witnesses in support of the Probate of said Will, and the probate thereof not having been contested, and duly deliberating thereon, it is Adjudged and Decreed that the said last Will and Testament was duly executed, that the same is genuine and valid, and that the said Holmes RIDER, deceased, at the time of executing the same, was in all respects competent to make a last Will and Testament, and to devise real estate, and was not under any restraint, and this Court doth Further Order and Decree that the said last Will and Testament and the proofs and examinations taken in respect to the same be recorded, and that the said last Will and Testament be admitted to Probate, and that the same be, and hereby is, established as a Will of real and personal estate. IRVING R. DEVENDORF Surrogate LAST WILL AND TESTAMENT I, Holmes RIDER of the Town of Frankfort Herkimer County, New York, being of sound mind and memory, do make, publish and declare this to be my last Will and Testament, in the manner following, that is to say: First, I direct the payment of all my just debts and funeral expenses. Second, I direct the payment in full, principle and interest, if the same shall remain unpaid at the time of my death, of the first mortgage now? upon my farm and home premises. Third, I direct the payment in full, principle and interest, of the mortgage now? on my farm and home premises held by my wife Gilfrie RIDER. Fourth, Should my wife survive me, I direct the payment in full of all her dower? right, title and interest in and to my estate. Fifth, I devise and bequeath unto my sister Mary J RIDER, the sum of three hundred dollars, to be paid out of my personal property should there be enough to pay the same and in the event there is not enough personal property then I make said bequest of three hundred dollars, a charge upon any and all real estate of which I may die seized and possessed. Sixth, I devise and bequeath unto my brother, Orange C. RIDER, the sum of three hundred dollars to be paid out of my personal property should there be enough to pay the same and in the event there is not enough personnal property then I made said bequeath of three hundred dollars, a charge upon any real estate of which I may die seized and possessed. Seventh, All the rest residue and remainder of my estate of every kind and nature, real and personal, I give devise and bequeath unto my son Martin H. RIDER to have and to hold the same unto his own proper use and benefit forever. Eighth, I likewise make, constitute and appoint my said son Martin H. RIDER, sole executor of this my last Will and Testament , hereby revoking all former Wills by me made and granting unto my said Executor full power to sell any and all of my real estate for the purpose of executing this my lst Will and Testament. In witness whereof, I have hereunto subscribed my name and affixed my seal this ninth day of April, in the year of our Lord, One Thousand Nine Hundred and Four. Holmes RIDER We, whose names are hereto subscribed, do certify that on the 9th day of April 1904, Holmes RIDER, the testator, subscribed his name to this instrument in our presence and in the presence of each of us and at the same time in our presence and hearing declared the same to be his last Will and Testament, and requested us and each of us to sign our names thereto as witnesses to the executions thereof, which we hereby do in the presence of the testator and of each other, on the said date and write opposite our names our respective places of residence. Clara L. LOOMIS residing at Utica, NY Jas. W. RAYHILL residing at Utica, NY State of New York Herkimer County Surrogate’s Office Be it remembered, That on the 23rd day of January A.D. 1905, the Last Will and Testament of Holmes RIDER late of the town of Frankfort in said County of Herkimer, deceased, bearing date the 9th day of April A.D., 1904 -------------------------------------------(being the annexed written instrument), was duly proved before IRVING R. DEVENDORF, Surrogate of said County of Herkimer, according to law, as and for the Last Will and Testament-------------of the real and personal estate of said deceased; which said Last Will and Testament---------and the proofs and examinations taken thereon, are recorded in this office in Book 32 of Wills, on page 261 and following. In testimony whereof, I, IRVING R. DEVENDORF, Surrogate of said County, have (L.S.) herewith set my hand and seal of office, at the Surrogate’s office, in the Village of Herkimer, this 23rd day of January A.D., 1905. IRVING R. DEVENDORF Surrogate I, IRVING R. DEVENDORF, Surrogate of Herkimer County, do hereby certify the foregoing to be a true copy and record of the Last Will and Testament of Holmes RIDER late of the Town of Frankfort in said county, deceased, propounded for probate and duly proved before me, and also of the proofs and examinations taken before me, in relation thereto. Witness my hand at Herkimer, in said county, this 23rd day of January A.D. 1905. IRVING R. DEVENDORF Surrogate