WILL: Hezekiah Lenderson/Lenardson; Rural Grove, Montgomery co. NY
surname: Lenderson, Lenardson, Ford, Collins, Shattuck, Potter, Rider, Ryder

submitted by Mimi Malcolm (mimimalcolm at hotmail.com)
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Saratoga co NY Will Book Vol. 32 page 473

Hezekiah Lenderson/Lenardson - October 20, 1818, Montgomery Co., 
NY-September 02, 1890, Rural Grove,Montgomery Co., NY

Married to Catherine Ann Yates. He was an assistant Surgeon in the Civil 
War, became an invalid from disease he contracted while administering to the 
sick.

Last Will and Testament (1886) and Probate Records(1891) for Hezekiah 
Lenardson.

The Last Will and Testament of Hezekiah Lenardson, late of the town of 
Ballston, in the County of Saratoga relating to both real and personal 
property, recorded on the 9th day of May, 1891.

At the Surrogates Court held in and for the County of Saratoga at 
the Surrogates office in the village of Saratoga Springs in the 9th day of 
May 1891.

Present: Elias H. Peters, Surrogate.
Be it remembered that at a Surrogate's Court held in and for the County of 
Saratoga, at the village of Saratoga Springs on the 7th day of October 1890, 
John H. Carr, of Morgansville, G???? County, N.Y. the person named as 
executor in a certain instrument is writing purporting to be the last Will 
and Testament of Hezekiah Lenardson, deceased, appeared and presented said 
Will for probate, and at the same time made satisfactory proof that the said 
Hezekiah Lenardson died on or about the 2nd day of September 1890, being at 
that time an inhabitant of said County of Saratoga, and that he left him 
surviving Kate Ann Lenardson, Elias Lenardson, Hezekiah L. Yates and Vedder 
Yates who are all and the only heirs-at-law and next of kin of the said 
deceased. Whereupon a citation was issued to said heirs-at-law and was of 
heir[?] citing there to appear before our said Surrogate at his office in 
the village of Saratoga Springs on the 11th day of November 1890 at 10 
o'clock am to attend the proof and probate of said Will: At which time and 
place the petitions the said John H. Carr again appeared and further 
proceeding were thereupon adjourned to the 23 day of December, 1890, at the 
same hours and place. At which last named time and place the said petitioner 
again appeared and filed a supplemental petition [cannot read word] that 
since the filing of the said original petition the said petitioner had 
discovered that John Lenardson, James H. Lenardson, Levi Lenardson, Hezekiah 
Lenardson, John Lenardson, Nancy Ford, Jennette Collins, Abram Lenardson, 
Oliver C. Lenardson, Ellsworth Lenardson, Alexander Lenardson, Esther 
Shattuck, Washington Lenardson and Mary Ann Potter none heir-at-law and 
new[?] of him of the said deceases.  Whereupon a supplemental citation was 
issued to said heirs-at-law and next-of-kin citing them to appear before our 
said Surrogate at his office in the village of Ballston Spa, on the 4th day 
of February, 1891, at 10 o'clock am to attend the proof and probate of said 
Will: At which time and place the petitioner, the said Hohn H. Carr, again 
appeared and further proceedings were thereupon adjourned to April 1, 1891 
at 10 am at the Surrogates office in the village of Ballston Spa, at which 
time and place the petitioner again appeared in person and by his attorney 
H. L. Grose, Esq. and returned said citation with proof of the due and legal 
service of the same upon all to whom directed: and the said Oliver C. 
Lenardson, Abram Lenardson and Alexander Lenardson appear by their counsel 
George W.[?] Maxon, Esq. who filed contesting allegations to the probate of 
said Will, and William W. Swert[sp?] appealed on behalf of Mary E. Rider, a 
legatee named in said Will and made application to have the said Mary E. 
Rider made a party to said proceedings, and the Matter of the Probate of 
said Will was adjourned to April 6 at the same time and place, and at the 
said time and place.  The petition again appeared as before, and an order 
was duly granted allowing the intervention of the said Mary E. Rider and the 
said petitioner there upon produced said Will, and made application to have 
the acquitted to probate whereupon issue was formed and testimony was taken 
and further proceedings on the probate of said Will were had and adjourned 
from time to time until the 23 day of April, 1891, at which time the 
testimony was closed.  All of which testimony constitutes the proof taken on 
the probate of said Will an is on file in our Surrogate Offices.  Ater 
examining the testimony taken, and upon due deliberation, the said 
Surrogate, filed his decision-conclusion of law and findings of fact, and in 
accordance therewith on this 9th day of May, 1891, the following decree was 
entered.

At the Surrogate Court, held in and for the county of Saratoga at the
Surrogates Office in the village of Saratoga Springs on the 9th day of May,
1890.

Present: Hon. Elias H. Peters, Surrogate
In the Matter of the Probate of the Last Will and Testament of Hezekiah 
Lenardson, Deceased

Satisfactory proof  having been made of the due service of the citation 
heretofore issued in the matter requiring the proper parties to be and 
appear before the Surrogate of the County of Saratoga on the 1st day of 
April, 1891, to attend the probate of the Last Will and Testament of 
Hezekiah Lenardson, late of the town of Ballston, in the County of Saratoga, 
deceased, bearing date the 20th day of December 1886, and John H. Carr, the 
executor named in said Will, the petitioner Having appeared by H.L. Grove, 
his attorney, in support of the proof of the same, and Oliver C. Lenardson, 
Abram P. Lenardson and Alexander H. (may be K.) Lenardson, heirs - at law 
and next of kin of the said deceased, having appeared by George H. Mayor (or
Mayon?) their attorney, and Oliver C. Lenardson in person and filed and answer
in opposition thereto, and Mary E. Ryder, a legater and beneficiary under said
Will, having appeared in person and by her attorneys James W. Viebeck and W.
W. Sweet [?] in purevance [purveyance?]of an order of this court permitting
her to interview and appear [Herein?] and no other parties or persons having
appeared herein, and said Will having been contested.

And witnesses having been examined and proofs taken, and the said Surrogate 
having heard the proofs and allegations of the parties, and mature 
deliberation being had thereon, and the Said Surrogate having reversed his 
decision in writing and filed the same handwriting said Will to probate as a 
Will relating to both real and personal estate, and the matter having been 
adjourned to this day:

And on motion of H. L. Grove, attorney for proponent, and W. W. Sweet and 
James W. Verbeck, attorney for Mary E. Ryder, interviewer, it is Adjudged 
and Decreed: that the said instrument in writing, purporting to be the last 
Will and Testament of the said Hezekiah Lenardson, deceased, was properly 
executed and is in all respects genuine and valid that the said Hezekiah 
Lenardson, at the time of the execution to make and execute the same and was 
not under restraint or under influence.

And that the said instrument be and the same hereby is admitted to probate 
and established as a Will of real and personal estate.

And it is further ordered that Letter Testamentary of said Will be and they 
are hereby granted to said John H. Carr, upon his taking the required oath.

And it is further ordered that there be allowed to Mary E. Ryder, 
interviewer, the sum of $149.24 and to John H. Carr the executor, the sum of 
$180, as their costs and disbursements in this proceeding, to be paid out of 
the estate of said deceased.
[Signed] E. H. Peters, Surrogate
And the said Will is in the words and figures following to wit:

"I, Hezekiah Lenardson, of the Town of Burnt Hills, in the County of 
Saratoga, and State of New York, make publish and declare, This my last Will 
and Testament, in manner following that is to say,
First:
I give and bequeath the sum of Five Hundred Dollars to Starkey Seminary as 
endowment fund to be used by said institute as provided by their charter and 
laws.
Second:
I give and bequeath the sum of Two Hundred Dollars to the "Missionary 
Department" of the "New York State Christian Association" to be used by said 
association as provided by their charter and laws.
Third:
I give and bequeath the sum of Two Hundred Dollars to the "American 
Christian Church Exturion [?] Society" to be used by said society as 
provided by their charter and laws.
Fourth:
I give and bequeath the sum of One Hundred Dollars to my nephew - Hezekiah 
L. Yates to be used for his own benefit.
Fifth:
I give and bequeath the sum of Two Hundred Dollars to my brother Elias 
Lenardson for his own use and benefit as part compensation for loss 
sustained by a mutual friend of ours many years ago.
Sixth:
I give and bequeath the sum of One Hundred Dollars to my nephew Vedder Yates 
for his own use and benefit.
Seventh:
I give and bequeath the sum of one hundred dollars to the "Christian Bible 
Institute" located at Stanfordville, Dutchess County, to be used by said 
institute as provided by their charter and laws.
Eighth:
The several legacies above mentioned are not to be paid until the decease or 
remarriage of my wife Catharine Ann Lenardson.
Ninth:
I give, devise and bequeath all the rest; residual and remainder of my 
estate not herein before effectually disposed of to my said wife Catharine 
Ann Lenardson, as her own property, including the rights and profits from my 
house in Starkey, Yates County, New York, during her life time in lieu of 
dower for  her support and Maintenance. And I hereby appoint John H. Carr 
sole executor of my estate, to overview, care for and ruit [?]: paying the 
same or balance, to my wife, Catharine Ann Lenardson, after taxes, insurance 
and necessary expenses to keep up the property in a good condition.  And 
after her decease or remarriage I authorize my executor to sell the property 
and pay the several legacies above mentioned.  And the balance (if any) to 
be paid Mary E. Ryder of Burnt Hills, New York.

In Witness Whereof, I have hereunto set my hand and seal this 20th day of 
December, 1886.
[Signed] H. Lenardson
The foregoing instrument at the date thereof was signed, sealed, published 
and declared by the above named testator as and for his Last Will and 
Testament in "our" presence, and we at the same time, at his request and in 
his presence have hereunto subscribed out names as witnessed.
[Signed]
C. A. Saunders, Burnt Hills, N. Y.
Gustaf Hallivan, Burnt Hills, N. Y.
Saratoga County, S. S.
----------------------------------- 
I John P. Mc Calo, Clerk, of the Surrogate Court of Saratoga, do hereby 
certify the foregoing to be a true record of the last Will and Testament
of Hezekiah Lenardson, late of the town of Ballston, in the County of 
Saratoga: deceased relating to both real and personal estate, together
with the proof thereof.  Recorded on the 9th day of May 1891.
[Signed] J. P. Mc Calo
Clerk Surrogate Court