WILL: John Herrick; Charleston, Montgomery co., NY surname: Herrick submitted by Richard Herrick (rlherrick @ prodigy.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: March 23, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.6 Kb ************************************************ Source: Sampubco Montgomery Co. Will Book, Volume 18, Page 465 Written: July 10 1875 Recorded: April 25 1887 Transcribed from a SAMPUBCO furnished copy of the Will of John Herrick of Charleston, Montgomery Co., NY by Richard Leon Herrick President, Herrick Family Association RLHerrick @ prodigy.net The lead in from "Be It Remembered" to "The Will" is a pre-printed form with certain information added by hand. The Will is entirely hand written. It is followed by another pre-printed form with certain information added by hand. Be It Remembered, that heretofore, to wit, on the 4th day of March 1887, Malick J. Herrick, one of the Executors named in the last will and testament of John Herrick, late of the town of Charleston in the county of Montgomery, deceased, appeared in open court before Zerah G. Westbrook, Surrogate of said county, and made application to have the last will and testament, which relates to real and personal property, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of said testator, and their respective residences; and the said Surrogate did thereupon issue a citation, in due form of law, direct to said heirs at law and next of kin by their respective names, stating their respective places of residence, requiring them to appear before said Surrogate at his office in the village of Fonda on the 25th day of April 1887, to attend the probate of said will. And afterwards, to wit, on the said 25th day of April 1887, satisfactory evidence by affidavit was produced and presented to the said Surrogate of the due service of said citation in the mode prescribed by law, and on that day no one appearing to oppose the probate of said will, such proceedings were thereupon has afterwards that the said Surrogate took the proof of said will hereinafter set forth upon this 27th day of April in the year one thousand eight hundred and eighty seven, and he adjudged the said to be a will valid to pass real and personal property, and the proofs thereof to be sufficient, which said last will and testament and the proofs thereof are as follows, that is to a say: The Will OF John Herrick I, John Herrick, of Charleston, County of Montgomery, New York, mindful of the uncertainties of human life do make, publish, and declare this my last will and testament in manner following. First. After the payment of my just debs and funeral expenses I give, devise and bequeath to my son Malick J. Herrick the farm that I now reside on and occupy, about one hundred and eleven acres, and the farming utensils he shall also have and the stock cattle now on the farm and he said Malick in one year after my decease shall pay to my son Elisha V. Herrick the sum of One hundred dollars and one year there after the sum of One hundred dollars. I Hereby nominate and appoint my son Elisha V. Herrick and my son Malick J. Herrick the executors of this my last will and testament and hereby authorize them with full power to compound, compromise and settle any claim or demand which may be against or in favor of my said estate. In witness whereof I have hereunto set my hand and seal this 10th day of July 1875. (signed) John Herrick {LS} Signed published and declared by said testator to be his last will and testament in the presence of us who have signed our names at his request as witnesses in his presence and in presence of each other. (signed) Michael Maloney, Charleston (signed) Peter W. Gordon, do State of New York } County of Montgomery} ss SURROGATES COURT IN THE MATTER OF PROVING THE WILL } of } John Herrick } Deceased } Michael Maloney and Garrit Lansing of the town of Charleston in the county of Montgomery, and Thomas R. Horton of the town of Glen in the county of Montgomery being duly sworn and examined in open court before Zerah G. Westbrook, Surrogate of said county, do depose and say, and each for himself deposeth and saith, (insert) the said Michael Maloney (end of insert), that he was acquainted with John Herrick in his life time, and was present and (saw is crossed out and is replaced by heard being written above saw), heard the said John Herrick acknowledge that he had subscribed his name at the end of the instrument in writing now produced and shown, bearing date the 10th day of July 1875; that the said John Herrick at the time he so subscribed it, declared the instrument to be his last will and testament, and requested, ('these' is crossed out before deponents),deponents, (insert) & Peter W. Gordon (end of insert), to subscribe their names as witnesses to the execution thereof. Thereupon, ('these' is crossed out before deponents), deponents, (insert) & Peter W. Gordon (end of insert), subscribed their names as witnesses at the end of said instrument in the presence of the said John Herrick and of each other. That the said John Herrick at the time he so executed the said instrument was a citizen of the United States an inhabitant of the county of Montgomery, of full age, of sound and disposing mind and memory, and in all respects competent to make a valid will, and the same has not in any way been altered or changed since execution and that said Peter W. Gordon is now dead. The said Garrit Lansing for himself deposes and says that he was well acquainted with Peter W. Gordon in his life time and with his manner and style of handwriting having frequently seen him write and that the name "Peter W. Gordon" subscribed as a witness to said instrument is the true and genuine handwriting and signature of said Peter W. Gordon who is now dead. And the said Thomas R. Horton for himself deposes and says that he was well acquainted with John Herrick in his life time and style of handwriting having frequently seen him write and that the name "John Herrick" subscribed as testator at the end of said instrument is the true and genuine handwriting and signature of said John Herrick as deponent verily believes. (signed) Michael Maloney (signed) Garrit Lansing (signed) Thomas R. Horton Taken, subscribed and sworn this 25th day} of April 1887, before me,} (signed) Z. G. Westbrook Surrogate I Zerah G. Westbrook, Surrogate of the county of Montgomery, do hereby certify that the foregoing are true copies of the will, probate and proof thereof of John Herrick, deceased. Registered the 25th day of April 1887. (signed) Z. G. Westbrook, Surrogate. Transcribed from a SAMPUBCO furnished copy of the Will of John Herrick of Charleston, Montgomery Co., NY Montgomery County Will Book, Volume 18, page 465 by Richard Leon Herrick President, Herrick Family Association RLHerrick@prodigy.net Transcriber's Note. John7 Herrick's wife was named Charlotte Vosseller. She died at age 54 years on 18 September 1850 per page 55 of the 1885 edition of the Herrick Genealogical Register, 85HGR, compiled by Dr. Lucius Carroll Herrick. The 85HGR indicates that John7 Herrick's son, Elisha V.8 Herrick, was the oldest of seven children and Malick Judson8 Herrick was the fourth child. John7 Herrick was born 10 September 1792, very probably in Charleston, Montgomery Co., NY. He was a son of John6 Herrick and Esther Frink per pages 54 & 55 of the 85HGR. John6 Herrick is listed as a son of Ebenezer5 Herrick and Esther Braman in the 85HGR, but this is an error. John6 Herrick's parents were Eleazer5 Herrick and Mary Rea. They are listed as such on page 28 of the 85HGR.