WILL: Hiram Salisbury;  Saratoga, Saratoga co., NY 
surname: Salisbury, Burt, Davison, Matthews, Olney, Peters, Salisbury, Wait,
Wells

submitted by Mary Ann Salisbury (emailmary at comcast.net) 
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Submitted Date: November 28, 2005
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Source: Sampubco.com
Saratoga co NY Will Book vol. 36 page 363
Written: December 2, 1897
Recorded: November 18, 1901


Will of HIRAM SALISBURY of SARATOGA, SARATOGA, N.Y.
Pages 363-365

SEE WILLS OF THOMAS SALISBURY, PRESERVED SALISBURY, LEWIS SALISBURY (HIRAM
SALISBURY IS THE GRANDSON OF THOMAS SALISBURY, SON OF PRESERVED SALISBURY AND
BROTHER OF LEWIS SALISBURY) Surnames: BURT, DAVISON, MATTHEWS, OLNEY, PETERS,
SALISBURY, SNYDER, WAIT, WELLS
Died: 18 OCTOBER 1901 at SARATOGA, SARATOGA, N.Y.
Signed: 2 DECEMBER 1897 at NORTHUMBERLAND, SARATOGA, N.Y.
Codicil: probably 7 AUGUST 1898 ; Re: SISTER REBECCA BURT
Testimony: 25 OCTOBER 1901 by Grandson WILLIAM D. SALISBURY
Probate: 18 NOVEMBER 1901
Court Clerk: SUSAN M. M. SNYDER
Surrogate: HONORABLE ELIAS H. PETERS of SARATOGA SPRINGS, N. Y.
Witness of Will: LEWIS P. BURT of BACON HILL, NY and SARATOGA SPRINGS
Witness of Will and Codicil: SAMUEL WELLS of SCHUYLERVILLE and SARATOGA
Witness of Codicil: PETER DAVISON of SARATOGA
Wife: SARAH, deceased
Executor, Grandson, Survivor: WILLIAM D. SALISBURY of SARATOGA
Executrix, Daughter, Survivor: SARAH M. OLNEY
Grand Daughter, Survivor: LIZZIE MATTHEWS
Daughter In Law: MARY E. SALISBURY
Nephew: WILLIAM THOMAS WAIT
Sister: REBECCA BURT ; Mentioned in Codicil

WILL:
The last will and testament of HIRAM SALISBURY, late of the Town of SARATOGA,
in the County of SARATOGA, deceased, relating to both real and personal
estate.
Admitted to Probate November 18, 1901.
AT A SURROGATE'S COURT held in and for the COUNTY OF SARATOGA, at the
Surrogate's office in the Village of Saratoga Springs, on the 18th day of
November 1901.
Present: HON. 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 25th day of October 1901,
WILLIAM D. SALISBURY of the Town of SARATOGA, in the County of SARATOGA, a
person named as Executor in a certain instrument in writing purporting to be
the last will and testament of HIRAM SALISBURY dated December 2d, 1897, and a
Codicil thereto dated August 7, 1898, duly appeared and presented said will
and codicil for probate and at the same time made satisfactory proof that the
said HIRAM SALISBURY died OCTOBER 18, 1901, being at the time an inhabitant of
said County of Saratoga, and that he left him surviving the following, his
only heirs at law and next of kin, viz: SARAH M. OLNEY, LIZZIE MATTHEWS and
WILLIAM D. SALISBURY, Your Petitioner.

Thereupon a citation was issued citing them to appear before our said
Surrogate at his office in the Village of Saratoga Springs, in the County
aforesaid, on the 18th day of November 1901 to attend the proof and probate of
said will. At which time and place the petitioner again appeared and returned
said citation with proof of the due and legal service of the same upon all to
whom directed.

And, Thereupon, no one opposing, said will and codicil were shown to the
attesting witnesses thereto, and proof was taken as follows:
SARATOGA COUNTY, SS:
SAMUEL WELLS and LEWIS P. BURT of the Towns of SARATOGA and SARATOGA SPRINGS,
RESPECTIVELY, in the County of SARATOGA, being duly sworn in open court, on
their oaths, do depose and say, that they are attesting witnesses to the last
will and testament of HIRAM SALISBURY, late of the Town of SARATOGA, in the
County of SARATOGA, aforesaid, deceased, And these deponents further say that
the said deceased, did, in the presence of 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 and which
bears date on the 2nd day of December in the year one thousand eight hundred
and ninety-seven, That 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 deponents did thereupon subscribe their own names at the end
of said instrument as attesting witnesses to the execution thereof at the
request of said deceased and in his presence, 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.
SAMUEL WELLS
LEWIS P. BURT
Subscribed and sworn this 18th day of November 1901, before me
SUSAN M. M. SNYDER,
CLERK SURROGATE'S COURT

SARATOGA COUNTY, SS:
SAMUEL WELLS and PETER DAVISON of the Town of SARATOGA in the County of
SARATOGA, being duly sworn in open court, on their oaths, do depose and say,
that they are attesting witnesses to a codicil to the last will and testament
of HIRAM SALISBURY, late of the Town of SARATOGA, in the County of SARATOGA,
aforesaid, deceased, And these deponents further say that the said deceased,
in the presence of these deponents subscribe his name at the end of the
instrument which is now shown to these deponents and which purports to be a
codicil to the last will and testament of the said deceased and which bears
date on the 4th day of August in the year one thousand eight hundred and
ninety-eight, That the said deceased did, at the time of subscribing his name
to said instrument as aforesaid, declare the same to be a codicil to his last
will and testament; that deponents did thereupon subscribe their own names at
the end of said instrument as attesting witnesses to the execution thereof at
the request of said deceased and in his presence, 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 of these deponents.
SAMUEL WELLS
PETER DAVISON
Subscribed and sworn this 18th day of November 1901, before me
SUSAN M. M. SNYDER,
CLERK SURROGATE'S COURT

And it appearing from the proof so taken that said instrument was duly
executed and that the testator, at the time of executing the same, was in all
respects competent to devise real estate and was not under restraint; ; and
our said Surrogate having inquired into the facts and circumstances, and being
satisfied of the genuineness and validity of said instrument, and no objection
being made thereto,
IT IS ORDERED, ADJUDGED, AND DECREED, That said instrument be and the same is
hereby admitted to probate as and for the last will and testament of the said
deceased, valid to pass real and personal estate.

And it is further ORDERED, that said will be recorded with the proof thereof,
which proof is hereinbefore recorded, and said will is as follows, to wit:

WILL
I, HIRAM SALISBURY, of the Town of NORTHUMBERLAND, SARATOGA County and State
of NEW YORK, do make, publish and declare this my last will and testament in
manner following:

After payment of my just debts and funeral expenses, I give the remainder of
my estate as follows:

FIRST: I give to my GRANDSON, WILLIAM D. SALISBURY, my watch, and to my
NEPHEW, WILLIAM THOMAS WAIT, the sum of thirty-five dollars, and to my
DAUGHTER-IN-LAW, MARY E. SALISBURY, the sum of fifty dollars.

SECOND: I give to my SISTER, REBECCA BURT, the sum of two hundred dollars, if
she shall be living at the time of my decease, and in case she, REBECCA BURT,
shall not be living at the time of my decease, I give said two hundred dollars
as follows, viz: one hundred dollars to my DAUGHTER, SARAH M. OLNEY, and one
hundred dollars to my GRAND-CHILDREN, WILLIAM D. SALISBURY and LIZZIE MATHEWS,
to be divided equally between them, share and share alike.

THIRD: I give to my GRANDCHILDREN, WILLIAM D. SALISBURY and LIZZIE MATHEWS,
the sum of fifty dollars, to be paid out of my estate by a rebate on the
interest of the twelve hundred dollar note I now hold against them, dated
April 1, 1895.

FOURTH: I give to my DAUGHTER, SARAH M. OLNEY, one-half of the remainder of my
estate.

FIFTH: I give the remaining half of my estate to the above named WILLIAM D.
SALISBURY and LIZZIE MATHEWS, share and share alike.

SIXTH: It is my will, and I hereby direct, that a granite headstone be erected
over my grave, about one foot above the ground, and costing about twenty-five
dollars; also a headstone of same kind and size over the grave of my deceased
WIFE, SARAH.

AND LASTLY. I hereby nominate and appoint my DAUGHTER, SARAH M. OLNEY
aforesaid to be EXECUTRIX, and my GRANDSON, WILLIAM D. SALISBURY to be
EXECUTOR of this my last will and testament, hereby revoking all former wills
by me made.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2d day of
December A.D. 1897
HIRAM SALISBURY

The above instrument, consisting of one sheet, was at the date thereof,
signed, sealed, published and declared by the testator, said HIRAM SALISBURY,
as and for his last will and testament, In presence of us, who at his request
and in his presence, and in the presence of each other subscribed our names as
witnesses thereto.
SAMUEL WELLS Residing at SCHUYLERVILLE, N. Y.
LEWIS P. BURT Residing at BACON HILL, N. Y.

CODICIL
WHEREAS, I, HIRAM SALISBURY, did heretofore make my last will and testament,
dated December 2d, A.D., 1897. Now I make this a CODICIL to said will:

WHEREAS, I did in said will make the following bequest, viz:

"SECOND. I give to my SISTER, REBECCA BURT, the sum of two hundred dollars, if
she shall be living at the time of my decease, and in case she, REBECCA BURT,
shall not be living at the time of my decease, I give said two hundred dollars
as follows, viz: one hundred dollars to my DAUGHTER, SARAH M. OLNEY, and one
hundred dollars to my GRAND-CHILDREN, WILLIAM D. SALISBURY and LIZZIE MATHEWS,
to be divided equally between them, share and share alike."

NOW I REVOKE SAID BEQUEST AND SUBSTITUTE IN LIEU THEREOF THE FOLLOWING, VIZ:
"SECOND. I give to my SISTER, REBECCA BURT, if she shall be living at the time
of my decease, the use of the sum of two hundred dollars for and during her
natural life, and from and after her decease I give said two hundred dollars
as follows, viz: one hundred dollars to my DAUGHTER, SARAH M. OLNEY, and one
hundred dollars to my GRAND-CHILDREN, WILLIAM D. SALISBURY and LIZZIE MATHEWS,
to be divided equally between them, share and share alike. In case my said
SISTER, REBECCA BURT shall not be living at the time of my decease, I give
said two hundred dollars as follows, viz: one hundred dollars to my DAUGHTER,
SARAH M. OLNEY, and one hundred dollars to my GRAND-CHILDREN aforesaid, to be
divided equally between them, share and share alike."

IN WITNESS WHEREOF, I now hereunto subscribe my name this 4th day of August,
in the year one thousand eight hundred and ninety-eight.
HIRAM SALISBURY

The foregoing instrument, was at the date thereof, subscribed by the above
named HIRAM SALISBURY, in our presence, and He declared the same to be a
CODICIL to his last will and testament, and requested us to sign the same as
witnesses, which we do in his presence.
SAMUEL WELLS Residing at SCHUYLERVILLE, N. Y.
PETER DAVISON Residing at SCHUYLERVILLE, N. Y.

SARATOGA COUNTY, SS:
I, SUSAN M. M. SNYDER, CLERK of the SURROGATE'S COURT in and for said COUNTY,
do hereby certify the foregoing to be a true and correct record of the last
will and testament of HIRAM SALISBURY, aforesaid, deceased, relating to both
real and personal estate; together with the proofs thereof.
Recorded November 18, 1901.
SUSAN M. M. SNYDER
CLERK SURROGATE'S COURT