WILL: Henry Mead; Charlton, Saratoga co., NY surname: Mead, McCormick, Harris, Halliwell, Gilchrist submitted by Charles Bub (cbubjr at nycap.rr.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: May 26, 2006 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.9 Kb ************************************************ Source: sampubco.com Saratoga County, New York Will Book Vol. 20 page 503 Written: January 16, 1858 Recorded: March 13, 1865 Transcribed from SAMPUBCO copy by Charles W. Bub, Jr. The last Will and Testament of Henry Mead late of the town of Charlton, deceased, relating to real and personal estate, together with the proof thereof, recorded on the 13th day of March 1865. At a Surrogates Court held at the Village of Ballston Spa in and for the County of Saratoga on the 13th day of March 1865. Present: Cornelius A. Waldron, Surrogate. Be it remembered at a Surrogates Court held on the 13th day of February 1865, John Mead, an executor named in a certain instrument dated the 16th day of January 1858, purporting to be the last Will and Testament of Henry Mead, deceased, appeared and presented Will for probate; and at the same time made satisfactory proof that said Henry Mead died on or about the 24th day of October 1864, being at the time of his death an inhabitant of the County of Saratoga; and that he left him surviving the following named persons to wit; Elizabeth Mead his widow, James McCormick, Henry McCormick, Herrick McCormick, Hannah Harris wife of Jonathan Harris and said petitioner, and who are all and the only heirs at law and next of kin of said deceased. That said Henry McCormick and Herrick McCormick are minors of whom Alexander Davidson is general guardian. And thereupon a citation was issued to said widow, and to said heirs and next of kin and General Guardian citing them and each of them to appear before the Surrogate at his office in the Village of Ballston Spa in said County of Saratoga on the 13th day of March 1865, at 10 o’clock A.M. to attend the proof and probate of said Will. And now at this day the said executor again appeared and returned said citation, with proof of the due and legal service of the same on all to whom directed, and made application to have said Will being produced and shown to the attesting witnesses thereto the proof thereof was taken as follows: County of Saratoga} Surrogates Court } In the matter of proving the last Will and Testament of Henry Mead, deceased. SS: William Fowler and Robert Hallowell of the town of Charlton in the County of Saratoga being first duly sworn in open court; on their oaths do depose and say, that they are two of the subscribing witnesses to the last Will and Testament of Henry Mead, late of the town of Charlton in the County of Saratoga aforesaid, deceased. And 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, did, at the time of subscribing his name to said instrument as aforesaid, declare the same to be his last Will and Testament; that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witness to the execution thereof at the request of the said deceased, and in the presence of each other. That the 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 of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents. William Fowler Robert Hallowell Subscribed and sworn this 13th day of March 1865 before me. C. A. Waldron, Surrogate And it appearing from the proof as taken that said instrument was duly executed, and that said testator was at the time of executing the same, in all respects competent to devise real estate and not under restraint. And the said Surrogate having inquired into the facts and circumstances, and being satisfied of the genuineness and validity of said Will, and no objection being made thereto, it is ordered, adjudged and decreed that said instrument be admitted to probate as and for the last Will and Testament of Henry Mead, deceased. And it is further ordered that said Will be recorded with the proof thereof, which said proof is hereinbefore recorded, and said Will is in the words and figures following, to wit: In the name of God, Amen. I, Henry Mead of the town of Charlton, County of Saratoga and State of New York, considering the uncertainty of this life and being of sound mind and memory, do make and publish this my last Will and Testament in manner following, this is to say: First. I give and bequeath to my son John Mead 2d and to his heirs and assigns forever the farm on which I now reside situated in said town of Charlton, and bounded on the south by the Parsonage lot and the lands of Alexander Donnon, on the west by lands of John F. Bell and Colin F. Bell, on the north by the public highway and lands of William Fowler and the Church lot, and on the east by the public highway and containing about sixty two acres of land and all improvements, appurtenances and buildings thereon (with the exception hereinafter mentioned). Also all the stock on said farm, consisting of horses, cattle, sheep and swine, also all farming utensils and other property which may be on said premises belonging to me at my decease, except that hereinafter named, also the brass clock and the brass kettle. Second. To my beloved wife Elizabeth I give and bequeath forty dollars to be paid her by my son within six months after my decease. Also I direct my son John to pay my said wife annually the sum of sixty dollars in quarterly payments of fifteen dollars each during her life. Also I give to my said wife the use and possession of the two front rooms in my house and one quarter part of the cellar under my house, with the privilege of ingress and egress to and from said rooms and cellar with peaceable and quiet possession of the same during her life as aforesaid. I also direct my son John to furnish her my said wife annually with eight cords of good hard woodcut up and split and piled ready for use, also annually with two hundred pounds of well fatted pork, and what potatoes, vegetables, apples, etc. she may want at all times for her use during the term of her natural life as aforesaid. Also the use and avails of two good cows and six good sheep to be well summered and wintered for her, and if said cows or sheep should become unproductive or by any accident die I direct my son to replace them in kind and of equal value. I also give and bequeath to my said wife for her use during her life all the furniture in my house consisting of tables, chairs, kitchen and parlor furniture, beds, bedding, etc. in use of my house of every kind excepting the brass clock and the brass kettle before mentioned – I also further order and direct that the annual rents due me on a leased lot on which is a dwelling house, barn, blacksmith shop, etc. now in possession of Joel N. Adams shall be annually paid to my said wife during her life, but after her decease give and bequeath said rent with all the covenants and advantages mentioned in the lease of said lot and my rights and interest therein to my said son John his heirs and assigns forever. I also direct and order that at the deceased of my said wife the rooms and cellar and privileges in the same possessed by her during her life shall revert back to my said son John his heirs and assigns. I further order and direct that at the decease of my said wife, that the said cows and sheep and all of the furniture, beds, bedding, etc. above mentioned shall be equally divided between my daughter Hannah wife of Johnathan H. Harris and the heirs of my deceased daughter Margaret children of James T. McCormick their heirs and assigns. And do hereby direct my said son John and my executors hereinafter named faithfully to deliver over to my said daughter Hannah and the heirs of my deceased daughter Margaret or their guardian or representative the above mentioned property at the decease of my said wife Elizabeth as aforesaid. And lastly, I give and bequeath to my said son John all the rest and residue and remainder of my estate goods and chattels of whatsoever kind and nature and to his heirs and assigns, and do also decree that the bequests above mentioned made to my said wife Elizabeth shall be in lieu of any right of dower to any of my estate either real or personal. And I do hereby constitute and appoint my son John Mead 2d, Robert A. McWilliam and John F. Bell executors of this my last Will and Testament. In witness whereof I have hereunto set my hand seal this sixteenth day of January, in the year of our Lord one thousand eight hundred and fifty eight. Henry Mead (L.S.) Signed, sealed, published and declared by the said testator as and for his last Will and Testament in our presence who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto – William Fowler of the town of Charlton, County of Saratoga and State of New York Robert Halliwell of Charlton, County of Saratoga and State of New York John M. Gilchrist of Charlton, County of Saratoga, State of New York Saratoga County SS: I, Cornelius A. Waldron Surrogate of said County of Saratoga do hereby certify the foregoing to be a true record of the last Will and Testament of Henry Mead, deceased, and the proof thereof taken before me on the 13th day of March 1865. C. A. Waldron Surrogate