WILL: Nathaniel Ethridge; Herkimer, Herkimer Co., NY surnames: Ethridge, Dorr, Dygert, Larned, VanSlyke submitted by Nan Lambert Starjak (naela @ earthlink.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 electronics pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission form 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 Nan Lambert Starjak Herkimer Co. Will Book Vol. H, pg. 69 In the matter of the last Will and Testament of Nathaniel Ethridge deceased as a will of real and personal property - Herkimer county Surrogates Office. Charles Gray of the town of Herkimer in the County of Herkimer being duly sworn and examined, doth depose and testify, that he was acquainted with Nathaniel Ethridge (now deceased) in his life time, that the deponent saw the said Nathaniel Ethridge subscribe the instrument now shown to the deponent purporting to be the last Will and Testament of the said Nathaniel Ethridge bearing date the thirtieth day of April in the year Eighteen hundred and Forty-five, and that the said Nathaniel Ethridge at the same time declared the said instrument to be his last will and testament; -- and that the deponent together with Henry G. H---- the other subscribing witness to said will, subscribed his name as a witness at the request of the said deceased; -- and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed, and in the presence of the testator and of each other, and at the time the same was executed the deceased was of full lawful age and of sound mind and memory, and not under restraint to the best of the deponents knowledge and belief. Charles Grey sworn examined and subscribed this 23d day of June 1845 before me Ezra G----, Surrogate. In the matter of the last will and testament of Nathaniel Ethridge deceased as a will of real and personal property. Herkimer County Surrogates Office. Henry G. H---- of the town of Herkimer in the County of Herkimer being duly sworn and examined doth depose and testify that he was acquainted with Nathaniel Ethridge (now deceased) in his life time; that this deponent saw the said Nathaniel Ethridge subscribe the instrument now shown to the deponent purporting to be the Last Will and Testament of the said Nathaniel Ethridge bearing date the thirtieth day of April in the year Eighteen hundred and forty five. And that the said Nathaniel Ethridge at the same time declared the said instrument to be his last will and testament; and that this deponent together with Charles Gray the other subscribing witness to said will subscribed his name as a witness at the request of the said deceased; and that the said will was executed by the deceased in the presence of all of said witnesses and was attested by all of said witnesses at the time it was executed and in the presence of the testator and of each other; -- and at the time the same was executed the deceased was of full lawful age and of sound mind and memory; and not under restraint to the best of the deponents knowledge and belief. Henry G. H----- Sworn examined and subscribed this 23d day of June 1845 before me Ezra G----, Surrogate. Will I, Nathaniel Ethridge of the town and county of Herkimer, being of sound disposing mind blessed be God for the same knowing the uncertainty of this life and being desirous of disposing of my worldly estate to make this my last will and testament. Will of my said estate and property. I do hereby dispose as follows. First it is my will and I do hereby order direct and declare that out of my estate and property hereinafter devised and given to my executor hereinafter named my funeral expenses, and all my just and lawful debts shall be paid by my said executor as hereinafter provided, my said funeral expenses to be preferred to my other debts. Second, I do hereby give, devise and bequeath to my executor hereinafter named all and singular my real and personal estate except such of my personal estate as is hereinafter otherwise bequeathed and disposed of to be sold conveyed and disposed by my said executor at public or private sale as by my said executor shall be deemed most for the benefit and interest of all the persons interested therein. And the ---- of the sale of the said estate personal and real my said executor is to apply in the first place to the payment of my funeral expenses. Secondly to pay and discharge all my just debts and legal liabilities - and what shall be remaining after the payment of my debts and liabilities my said executor shall pay to my son N. Dix Ethridge by investing the same for him in bond & mortgage and paying to his guardian annually for his use the interest thereon. The equal one third part thereof and the residue thereof my said executor shall pay out the equal and fourth part thereof to my son Robert Ethridge and one fourth to each of my daughters Nancy G. VanSlyke wife of Mason S. VanSlyke and Elisabeth B. Dorr the wife of Charles H. Dorr and the other one fourth thereof my said executor shall also invest on bond and mortgage and the and the interest thereof to be annually paid to my daughter Margaret M. Dygert wife of John W. Dygert during her natural life and after her decease the said interest during the minority of the youngest of her children to be paid to her children, and on the youngest of her children attaining the age of twenty one years then the principal to be paid to said children equally. Third I do hereby give and bequeath to my wife Lydia Ethridge all the furniture and personal property she brought to me and which was belonging to her on our intermarriage, and also the equal and fourth of all my household furniture other than the furniture brought by her to me and --- --- the said last-mentioned furniture & the said --- shall become the property of son Dix Ethridge in case he shall survive the said Lydia his mother and she shall have the said property or any part thereof at the time of her decease. Fourth to my son N. Dix Etheridge I give and bequeath the equal one third of the ----- of my real and personal estate that shall be left after the paying of all my funeral expenses debts and liabilities by my executor as herein before mentioned & provided to be ------ as herein before provided and the interest to be paid annually to his guardian during his minority for his support and education if the same shall be required by him, and the principal to be paid to him on his attaining his majority and in case of death of my said son Dix before he attains the age of twenty one years without lawful issue then the said one third aforesaid on the decease of the said Dix shall be paid by my executor to my said son Robert Ethridge and my said daughters Nancy G. VanSlyke, Elizabeth B. Dorr, and Margaret M. Dygert or their heirs respectively. Fifth I give and bequeath unto my son Robert Ethridge and my said daughters Nancy G.VanSlyke, Elisabeth Dorr and Margaret M. Dygert each the equal one fourth of the said ---- of my said real & personal estate that shall be left after the payment of my funeral expenses, any debts and the said legacy bequeathed to my son Dix as herein before mentioned. The said share of the said ----- herein given to my daughter Margaret M Dygert is to be invested as herein before mentioned and the interest to be paid to her during her natural life and the use and final disposition thereof to her children as herein before also provided. Sixth, I do hereby release and discharge my son Francis B. Ethridge and the heirs of my daughter Sarah Anne Larned (?) deceased wife of T------ Larned (?) of and from all their and each of their liability for the payment of money to me or my heirs and representatives an amount of real estate heretofore conveyed to them by me and on any & every other amount whatsoever. I do hereby appoint my wife Lydia Testamentary Guardian to and for my son N. Dix Ethridge until my said son Dix shall attain the age of ten years if so long my said wife Lydia shall survive. I hereby revoke and declare null and void all former wills by me made & lastly I do hereby constitute and appoint my son Robert Ethridge sole executor to this my last will and testament, with full power and authority to convey and dispose of my estate real and personal as herein before provided; and to execute and perform all the other ----- reposed in him as such executor and herein provided. In witness whereof I the said Nathaniel Ethridge the said testator have hereto set my hand and seal this thirtieth day of April in the year one thousand eight hundred and forty five. Nathaniel Ethridge [LS] Sworn, sealed, published and declared by the said Nathaniel Ethridge to be his last will and testament - in the presence of us the undersigned who in his presence at his request & in the presence of each other signed our names as witnesses thereto. Henry G. H---- of the town and county of Herkimer Chas Grey of the town and county of Herkimer State of New York Herkimer County - Be it remembered that on the Surrogate's office twenty third day of June 1845 - the foregoing last will and testament of Nathaniel Ethridge was admitted to probate and duly proved as a will of personal property and probate thereof was therefore granted and at the same time said will was duly proved as a will of real property upon and by the testimony of Charles Grey and Henry G. H---- the subscribing witnesses thereto; that upon such testimony taken upon oath it appears that the said will was duly executed by the testator according to law; that the testator at the time of executing the same was in all respects competent to devise real estate and not under any restraint; that the said will and the said proofs and examinations as aforesaid taken has been duly recorded in the probate book for that purpose provided and kept in the office of the surrogate of Herkimer County. In witness whereof I have hereunto subscribed my name and affixed my seal of office at Herkimer (?) the twenty third day of June AD 1845. Ezra ------, Surrogate {LS}