WILL: Seth Hastings; Kirkland, Oneida co., NY surname: Hastings, Clark, Wells, Sibley submitted by Kristin Grip (kgrip29 @ aol.com) ************************************************************************ 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 *********************************************************************** HASTINGS, Seth Transcribed from SAMPUBCO photocopy by Kristin Grip Oneida co NY Will Book Vol. 16 page 353 At a Surrogate's Court, held at the Surrogate's office in Clinton in the County of Oneida on the 22nd day of May A.D. 1861, before Henry M. Burchard, Esq., Surrogate of the said County, for the purpose of proving and recording the last Will and Testament of Seth Hastings, late of the town of Kirkland in the County of Oneida deceased, in pursuance of chapter sixth, title first, article first, part second, of the Revised Statues of the State of New York, and of an Act entitled “An act concerning the Proofs of Wills, Executors, and Administrators, Guardians and Wards, and Surrogate’s Courts,” passed May 16, 1837, and other acts concerning the same, on the application of George Hastings in said Will named Executor. Walter H. Noble of Mt. Morris being duly sworn and examined in open court, testified that he was well acquainted with Seth Hastings deceased, and had been for the last 10 years immediately preceding his death; that he died in the month of March last past, at Kirkland in the county of Oneida, which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered to be proved, recorded and admitted to probate as the last Will and Testament of the said deceased, on the day the same bears date (the seal having been previously affixed,) that this deponent signed the same at the same time as a subscribing witness, in the presence of the Testator and at his request and in the presence of James S. Cook, who also at the same time signed the same as subscribing witness in the presence of the Testator and at his request, and in the presence of this deponent, that the said Testator at the time he so signed the said Will, then and there, in the presence of this deponent and in the presence of the other subscribing witness published and declared the same as and for his last Will and Testament; and this deponent further says that the said Testator at the time he so signed, published and declared, the same as aforesaid, was of sound and disposing mind and memory, and of full age and not under restraint, and competent to devise real estate. W. H. Noble James S. Cook of Clinton, being duly sworn and examined in open court, testified that he was well acquainted with Seth Hastings deceased, and had been for the last 20 years immediately preceding his death; that he died in the month of March last past, at Kirkland in the County of Oneida which was his last place of residence at the time of his death; that he saw the said Testator sign the paper here offered to be proved, recorded and admitted to probate, as the last Will and Testament of the said deceased, on the day the same bears date, (this seal having been previously affixed,) that this deponent signed the same, at the same time, as a subscribing witness, in the presence of the Testator and at his request, in the presence of Walter H. Noble who also at the same time signed the same as subscribing witness in the presence of the Testator and at his request, and in the presence of this deponent, that the said Testator at the time he so signed the said Will, then and there, in the presence of this deponent, and in the presence of the other subscribing witness published and declared the same as and for his last Will and Testament; and this deponent further says that the said Testator at the time he so signed, published, and declared the same as aforesaid, was of sound and disposing mind and memory, and of full age, and not under restraint, and competent to devise real estate. James S. Cook The foregoing proofs and examinations having been taken before me, the Surrogate aforesaid, at the time and place above mentioned, and the depositions of the respective witnesses having been by them respectively subscribed after having been carefully read over to them. I, the said Surrogate, being satisfied, upon the said proofs and examinations taken, that the said Will is genuine and valid, and was duly executed; and the said Testator at the time of executing the same, was in all respects, competent to devise real estate, and not under restraint, do therefore allow the said Will to be admitted to probate, as a Will of real and personal estate, and the said Will proofs, and examinations to be recorded. Witness, Henry M. Burchard, Surrogate as aforesaid, the 22nd day of May 1861 Henry M. Burchard, Surrogate In the name of God Amen I Seth Hastings of Kirkland, County of Oneida and State of New York, being of sound and disposing mind and memory blessed be Almighty God for the same, do make and publish this my last will and testament in manner and form following, that is to say: First I give and bequeath to my son Seth P.M. the sum of two hundred dollars; to my son Eurotas P. the sum of three hundred dollars; to my son Edward A. the sum of five hundred dollars; to each of my daughters Elizabeth A., Caroline S., and Francis E. the sum of six hundred dollars; and to my grandchild Adelaide Gridley the sum of two hundred dollars to be securely invested by my Executors hereinafter named and to be paid to her with interest when she shall attain the age of twenty one years. Secondly From the rest and residue of my real and personal Estate or the avails thereof except what is herein specifically bequeathed, I give and bequeath the sum of three thousand dollars to be divided equally between my five daughters Sophia, wife of Ashbel S. Wells, Mary A., wife of James W. Sibley, Elizabeth A., Caroline S., and Francis E., share and share alike. Thirdly I give and bequeath to Patty Ann, wife of my son John C. Hastings, for her sole and separate use, not withstanding her coverture the whole amount of the demands and the interest thereof which my son John C. shall owe to me at the time of my decease. Fourthly All the rest and residue of my Estate, real and personal, I give, devise and bequeath to my sons and daughters to be divided among them equally share and share alike. Fifthly I hereby declare it to be my intention that the provisions herein made are to be in full satisfaction of any claims for services which any of my children may have or present against my Estate. Sixthly I hereby appoint my son George and my brother in law Thomas C. Clark Executors of this my last will and testament and I hereby authorize and empower them to sell and convey to lease, mortgage or otherwise encumber any and all of the real estate of which I shall die seized or possessed in such mode or manner and at such time and times as they shall deem expedient to carry into effect to provisions of this my last will and testament hereby revoking all former wills by me made. Given under my hand and seal at Clinton this 19th day of June, 1851 Seth Hastings {L.S.} The foregoing instrument consisting of one sheet was subscribed by Seth Hastings the Testator in our presence and was declared by him to be his last will and testament and we at his request have in his presence and in the presence of each other hereunto signed our names at witnesses, James S. Cook Clinton W. H. Noble Clinton State of New York County of Oneida I, Henry M. Burchard, Surrogate of said County, do hereby certify the foregoing to be the Record of the last will and testament of Seth Hastings, deceased, and of the proofs and examinations taken thereon. Henry M. Burchard, Surrogate