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The Edgerton Database |
The Last Will and Testament of Hial Edgerton
(Broome County Probate; Vol. N, pp. 1 – 6)
State of New York County of Broome SS: – Be it remembered that heretofore to wit: – On the 7th day of July 1854 Merlin Jackson, Executor, and Lydia Edgerton, Executrix, named in the last Will and Testament of Hial Edgerton late of Colesville in the County of Broome, deceased, appeared before the Surrogate Court of said County, and made application to have the said last Will and Testament, which relates to both real and personal estate, proved: – And on said application it was ascertained before said Court by satisfactory evidence who were the widow, heirs and next of kin of the said deceased, and their respective residences, and some of them appearing to be minors having no general guardian, a special guardian was appointed for them in due form of law to take care of their interests in the matter of proving said will, and a citation was thereupon issued pursuant to statute directed to the said heirs and next of kin and special guardian, the widow of the said deceased being the said Lydia Edgerton, one of the petitioners in said matter, by their several names, stating their respective places of residence, requiring them to appear before said Court at the office of the County Judge in Binghamton in said County on the 21st day of July 1854 to attend the proving of said Will, at which day satisfactory evidence by affidavit was produced before said Court of the service of said citation upon the parties to whom it was directed as aforesaid, in the mode prescribed by law – and no one appearing to oppose the probate of said Will such proceedings were thereupon had that proof of the said Will was taken before said Court, and the same was by the said Court adjudged to be a valid Will of real and personal estate and the proof thereof to be sufficient – Which said Will and the proofs thereof are as follows: – to wit Will. In the name of God Amen. I Hial Edgerton of the town of Colesville in the County of Broome and State of New York being of sound mind and memory (blessed be Almighty God for the same) do make and publish this my last Will and Testament. First. I give and bequeath to my beloved wife Lydia Edgerton the sum of one thousand Dollars and my Household Furniture of every description, to be at her own disposal, also one cow and also the use and occupancy of the House and Lot in the village of Norwich in which we now reside during her Natural life, and also the [----] or income of the sum of six thousand Dollars during her Natural life, and after her decease the above mentioned sum of six thousand Dollars shall be equally divided between my children viz Franklin Edgerton, Mary Eliza Edgerton, Almira Edgerton, Emily Edgerton, Albert D. Edgerton and Sarah E. Edgerton. Second. I give and bequeath to my sons Franklin Edgerton and Albert D. Edgerton the Farm I now own lying in the towns of Bainbridge, Coventry and Colesville containing about three hundred acres of land now occupied by John Driggs together with the personal property that may be upon said Farm and to remain jointly theirs until my son Albert D. Edgerton shall arrive to the age of twenty one years. Third. I give and bequeath to my Daughter Sarah Elizabeth Edgerton the sum of two hundred and fifty Dollars for her better Education to be paid out of my Personal Estate. Fourth. I give and bequeath the rest and residue of all my Estate both Real and Personal to my six children viz Franklin Edgerton, Mary Eliza Edgerton, Almira Edgerton, Emily Edgerton, Albert D. Edgerton and Sarah E. Edgerton to be equally divided between them. Fifth. I do nominate and appoint my wife Lydia Edgerton Executrix and Merlin Jackson Executor of this my last Will and testament. In witness whereof I have hereunto set my hand and seal and publish and decree this to be my last Will and testament in presence of the witnesses named below this First day of April in the year of our Lord one thousand eight hundred and fifty-four. Hial Edgerton Signed, sealed, declared and published by the said Hial Edgerton 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, have subscribed our names as witnesses hereto – Riley Bush Residing in Colesville Broome Co., N.Y. Willard M. Hoyt Residing in Colesville Broome Co., N.Y. Proofs. Broome County Surrogate’s Court. In the matter of proving the last Will and Testament of Hial Edgerton deceased. Broome County SS: Riley Bush being first duly sworn, deposes and says that he resides in Colesville in the County of Broome that he saw Hial Edgerton deceased, subscribe the instrument now shown to deponent, and which purports to be the last Will and Testament of the said deceased, bearing date the 1st day of April 1854 – that he heard the said deceased declare the same to be his last Will and Testament, and the deponent did subscribe his name as a Witness thereto at the request and in the presence of the said deceased, and that at the time thereof, the said deceased was of sound mind and memory, of full age and under no restraint. Riley Bush Subscribed and sworn this 21st day of July 1854 before me. S. K. Dickinson County Judge Broome County SS: Willard M. Hoyt being first duly sworn, deposes and says that he resides in Colesville in the County of Broome that he saw Hial Edgerton deceased, subscribe the instrument now shown to deponent, and which purports to be the last Will and Testament of the said deceased, bearing date the 1st day of April 1854, that he heard the said deceased declare the same to be his last Will and Testament, and the deponent did subscribe his name as a Witness thereto, at the request and in the presence of the said deceased, and that at the time thereof, the said deceased was of sound mind and memory, of full age and under no restraint. Willard M. Hoyt Subscribed and sworn this 21st day of July 1854 before me. S. K. Dickinson County Judge Broome County SS: Merlin Jackson being first duly sworn, deposes and says that he resides in Bainbridge, Chenango County, New York, that he drew the instrument now shown him, and which purports to be the last Will and Testament of Hial Edgerton deceased, bearing date the 1st day of April 1854, by the request and according to the directions of the said deceased, that it was placed in deponent’s possession by said deceased, on being executed by him, and remained in his possession until produced by him in Court to be proved, and that it is now as it was when executed by the said deceased and has not been changed in any respect. Merlin Jackson Subscribed and sworn this 21st day of July 1854 – Before me. S. K. Dickinson County Judge State of New York County of Broome SS: – Recorded the preceding last Will and Testament of Hial Edgerton deceased, together with the proofs thereof taken before the Surrogates Court of the County of Broome, which record in here signed and certified by me pursuant to statue. Dated July 21, 1854. S.K. Dickinson County Judge Back to Hial Edgerton page |