WILL: Rufus Herrick; Florida, Montgomery co., NY 
surname: Herrick, Serviss, Staunton, Stanton 

submitted by Richard Herrick (rlherrick @ prodigy.net) 
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Submitted Date: March 23, 2004
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Source: Sampubco Provided Will, 
Montgomery Co. Will Book, Volume 11, Page 286
Written: September 11 1863
Recorded: August 1 1864


by Richard Leon Herrick
President, Herrick Family Association
RLHerrick@prodigy.net

The original documents are hand written. Where a name/word could not be 
deciphered a question mark in round brackets follows the name/word, to wit,
(?).

   Be it remembered that on the 20th day of June 1864 John J. Serviss an 
executor named in the last will of Rufus Herrick late of the town (Township)
of Florida in the county of Montgomery deceased appeared in open court before
the County Judge of said county as Surrogate and made application to have the
said last will & testament relating to real & personal Estate proved. And on
such application said County Judge did ascertain who were the proper parties
to be cited and did thereupon issue a citation directed to the proper parties
in due form of law requiring them to appear in this Court on the 1st day of
August 1864 and attend the probate of said will. And on said 1st day of August 
satisfactory Evidence by affidavit was produced and presented to said County
Judge of the service of said citation in the mode prescribed by law and on
that day no one appearing to oppose the probate of such will such proceedings
were had that said County Judge appointed a special guardian for such of the
heir's & next of kin of said testator ascuere(?) minors  and said special
having appeared in person, and thereupon took the proofs of said will herein
after set forth upon said first day of August 1864 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 proofs are as follows 
that is to say.

     Will of Rufus Herrick
I, Rufus Herrick of the town (Township) of Florida, County of Montgomery State 
of New York do hereby make and publish this my last will and testament.

1. I direct my Executor herein after named to pay all my just debts and
funeral charges.

2. I will and bequeath all the rest and residue of my property and Estate of 
every name and nature to my two daughters Jane Staunton, wife of John V.
Stanton and Sally Ann Serviss, wife of John J. Serviss to be divided between
them equally share & share alike. I hereby nominate and appoint my son-in-law
John J. Serviss Executor of this my last will and testament, I hereby revoke
and annul any will or wills heretofore Executed by me.

In witness whereof, I have hereunto set my hand and seal this the eleventh day 
of September in the year of our Lord one thousand eight hundred and sixty
three.

His                                                                            
Rufus X Herrick {ss} 
    
Mark                                                                           

Witnesses S. P. Heath, residing at Amsterdam, N.Y., P. Creighton, residing 
at 'do'.
Subscripted by Rufus Herrick the testator named in the foregoing will in our 
presence and at the time of making "such" subscription declared by the
testator to be his last will and testament and each of us sign his name as a
witness at the end of the will at the request of the testator & in his
presence Sept. 11th 1863.   
(signed) S. Pulver Heath, residing at Amsterdam, Montgomery Co., N.Y.
(signed) P. Creighton, residing at Amsterdam, Mont. Co., N.Y.

State of New York}
Montgomery County}              Surrogate Court,

In the matter of proving the last will of Rufus Herrick deceased Montgomery 
County for S. Pulver Heath & Peter Creighton of the town of Amsterdam in the 
County of Montgomery being duly sworn & examined in open Court before George 
Yost County Judge of said County as Surrogate do depose and say and each for 
himself deposes and says that he was acquainted with Rufus Herrick in his life 
time & was present & saw the said Rufus Herrick subscribe his name at the end
of the instrument in writing now produced & shown having date the 11th day of 
September 1863. And the said Rufus Herrick at the time he so subscribed it 
declared the said instrument to be his last will and testament and requested 
these deponents to subscribe their names as witnesses at the Execution
thereof. 

Whereupon these deponents subscribed their names as witnesses and the end of 
said instrument in the presence of the said Rufus Herrick and of each other
that the said Rufus Herrick at the time he so executed the said instrument was
a citizen of the United States  a resident of the County of Montgomery, of
full age, of sound dispersing mind and memory and in all respects competent to
devise real Estate, and not under any restraint or in any way respects
incompetent to devise real estate and the said Heath further says that he
received the said instrument from the said Rufus Herrick after he executed the
same and that the same remained in his custody until he brought the same to
the Office of the County Judge aforesaid where he deposited the same for
probate and that whilst said instrument remained in  the custody of this
deponent the same was in no respect altered or changed.
Taken Subscribed & sworn this 1st}                    (signed) S. Pulver 
Heath             
     day of August 1864 before me}                    (signed) P. Creighton
                        George Yost County Judge &c                  
I, George Yost County Judge of said County as Surrogate do hereby certify that 
the foregoing are copies of the will, probate and proofs thereof of Rufus 
Herrick dec (deceased).
Registered August 1st 1864                                                   
(signed) George Yost
               County Judge 
&c