WILL: Smith Herrick; Saugerties, Ulster co., NY
surname: Herrick, Cunyes, Myers

submitted by Tim Masloski (tsm @ goodhind.net)
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http://www.usgwarchives.org/ny/nyfiles.htm
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Transcribed from SAMPUBCO copy by Tim Masloski
Ulster Co NY Will Book Vol. X page 45

At the Surrogates court held in and for the County of Ulster at the Surrogates
office in the City of Kingston on the 13th day of May 1884.
Present Hon. Allan B. Parker, Surrogate

The last will and testament of Smith Herrick was admitted to probate and
proved as a will of real and personal estate which together with the proof in
relation thereto are as follows:
     I Smith Herrick of the town of Saugerties in the County of Ulster &
State of New York of the age of about seventy seven years, and being of sound
mind and memory, do make publish and declare this my last will and testament
in manner following, that is to say:

Firstly, I give & devise to my wife Sally Herrick to my son Benjamin Herrick
and to my daughter Martha Herrick each one equal undivided third part of my
Homestead farm situate in the town of Saugerties and bounded and described as
follows, Viz. On the north and east by lands formerly of Nicholas Shultis
deceased, on the south by lands of Morgan Finger and on the west by lands of
Thomas Hennessey containing about seventy one acres with all the buildings and
improvements thereon.

Secondly, I give and bequeath to my said wife Sally and to my said son
Benjamin and to my said daughter Martha each one equal one third part of all
moneys which I may have at the date of my decease in the Ulster Savings
Institution at Kingston Ulster County and in the Roundout Savings Bank in the
City of Kingston Ulster County.

Thirdly, I give and bequeath unto my children Leonard Herrick Austin Herrick
Daniel Herrick Judson Herrick & Sarah wife of Sandford Cunyes, the sum of one
hundred & fifty dollars to each one of them.  I empower my executors
hereinafter to sell my woodlot situate in the town of Woodstock in the County
of Ulster, now owned by me and to convert the same into money.  But if there
be money enough to pay the last five mentioned legucies [sic] and also the
legacy of one hundred dollars to my grand daughter hereinafter mentioned
without the sale of the said woodlot, in that case, I give & devise the said
woodlot equally to said Leonard Austin Daniel & Judson Herrick and Sarah
Cunyes their heirs and assigns forever.  If the said woodlot shall have to be
sold in order to make the money to carry into effect all the provissions [sic]
of this will: used to pay off the said six legucies in addition thereto: also
[?] I give and bequeath the balance of the proceeds realised from the sale of
said woodlot after payment of said legacies to the said five children last
above named.

Fourthly, I give & bequeath to my granddaughter Florence Myers the sum of one
hundred dollars.

Fifthly, I give bequeath and devise to my said wife Sally all the rest residue
and remainder of all my property real & personal which I may own at the time
of my decease she to have the use of the house during the time of her natural
life and after her death to go to and to be divided equally among her heirs.
Sixthly and lastly, I hereby appoint my son Ira Leonard Herrick and my son
Judson Henry Herrick executors of this my last will and testament hereby
revoking all former will hereby me made.
In witness thereof I have hereunto set my hand & seal this tenth day of May
A.D. 1878.
             his
Smith    X   Herrick
            mark

The above instrument consisting of nearly four legal cap paper was at the date
thereon signed sealed published & declared by the said Smith Herrick as his
last will & testament in the presence of each of us who at his request and in
his presence & in the presence of each other have subscribed our names as
witnesses thereto
Egbert Whitaker of Saugerties, Ulster Co. N.Y.
Herman Winans Saugerties Ulster Co N.Y.

County of Ulster - - Surrogates Court
In the matter of Proving the
Last Will and Testament
of
Smith Herrick deceased
Ulster County NY

     Egbert Whitaker and Herman Winans both of Saugerties Ulster County NY
being first duly sworn in open court on their oaths depose and say, that they
are subscribing witnesses to the last will and testament of Smith Herrick late
of the town of Saugerties in the County of Ulster, deceased; and these
deponents further say, that the said deceased did, in he presence of these
deponents, subscribed his name at the end of the instrument which is now here
shown these deponents, and which purports to be the Last Will and Testament of
the said deceased, and which bears the date the 10th day of May in the year
one thousand eight hundred and seventy eight that the said deceased did at the
time of subscribing his name to the same 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 the said instrument, as attesting
witnesses to the execution thereof, at the request of the said deceased and in
his presence and in the presence of each other, and that the said deceased, at
the time of subscribing his name to the said instrument 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 and belief of these deponents.  

Subscribed and sworn to before                       Egbert Whitaker
me this 13th day of May1884                           Herman Winans
John T. Clofnan [? spelling]
    Clerk of Surrogates Ct

Recorded the preceding last will and testament of Smith Herrick deceased as a
will of real and personal estate which together with the Proofs in relation
thereto are now here signed and certified by me this 13th day of May 1884.
Allan B. Parker
Surrogate