Will of John Hillsinger
Be it Remembered, That heretofore, to wit: on the 29th day of September in the year of our Lord, one thousand, eight hundred and ninety eight Harmon D. Hillsinger, the Executor named in the Last will and Testament of John Hilsinger late of the town of Laurens in the County of Otsego, deceased, appeared in open Court, before the Surrogate of the County of Otsego, and made application to have the said last Will and Testament which relates to both Real and Personal Estate, proved: and on such application the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of the said testator and their respective residences, and said Surrogate did thereupon issue a Citation in due form of law, directed to the heirs at law and next of kin by their respective names, stating their respective places of residence requiring them to appear before said Surrogate at Supreme Court Chambers in the Village of Oneonta in said County, on the 20th day of October A.D., 1898, to attend the probate of said Will. And afterwards, to wit: on the 20th day of October A.D., 1898, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said Citation in the mode prescribed by law, and on that day the proponent appeared in person and no one appearing to oppose the Probate of such Will and there being no contest, and an order having been duly made and entered appointing A. R. Gibbs, Esq. of Oneonta, NY Special Guardian of Grace Hilsinger and Erastus Hilsinger, infants, and duly appeared for them. Such proceedings were thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will hereinafter set forth , upon this 20th day of October A.D., 1898, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last Will and Testament and proofs, are as follows, that is to say: Last Will and Testament I, John Hillsinger of the town of Laurens, County of Otsego and State of New York, being of sound mind and memory, do make, ordain publish and declare this to be my last Will and Testament, in manner and form following, that is to say: First, after all my lawful debts are paid and discharged, I give and bequeath unto my wife Eliza Ann Hillsinger, if she survives me, the entire use of my estate both real and personal as long as she shall live the same to be taken and accepted by her in lieu of dower, and at her death, if she survive me, or at my death if she be then dead, I give, devise & bequeath unto my granddaughter Grace Hillsinger the sum of one hundred dollars ($100) to her or her heirs forever. Second, after the above legacy is paid and at the death of my aforesaid wife Eliza Ann Hillsinger if she survives me, then I give, devise & bequeath all the rest, residue and remainder of my estate both real & personal, of every name, nature or kind soever unto my son Harmon D. Hillsinger and my daughter Carrie Lint equal shares to each, that is to say share and share alike unto each of them or their heirs forever. Likewise, I make, constitute and appoint my aforesaid son Harmon D. Hillsinger to be sole executor of this, my last Will and Testament, hereby revoking all former wills by me made. In Witness Whereof I have hereunto subscribed my name and affixed my seal, the eleventh day of November, in the year of our Lord one thousand eight hundred and ninety seven. (Signed) John Hillsinger, L.S. We, whose names are hereto subscribed, do certify that John Hillsinger the testator, subscribed his name to this instrument in our presence, and in the presence of each of us, and at the same time he declared in our presence and hearing that the same was his last Will and Testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, and which we hereby do in the presence of the testator and of each other, this eleventh day of Nov. 1897, the day of the date of the said will and write apposite our names our respective places of residence. (Signed) Jas. B. Galer, residing at West Oneonta, Otsego Co., N.Y. (Signed) Claude Galer, residing at West Oneonta, Otsego Co., N.Y. Surrogate's Court==County of Otsego. In the Matter of Proving the Last Will and Testament of John Hillsinger, Deceased. Otsego County, SS: Claude Galer, of the town of Oneonta in the County of Otsego, State of New York, after being duly sworn as a witness in the above entitled matter on behalf of the proponent to prove said Will, says: I was well acquainted with John Hillsinger, the said testator, late of the town of Laurens County of Otsego, deceased, and had known him for more than ten years before his death. The subscription of the decedent's name at the end of the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 11th day of November 1897, was made by the decedent at the town of Oneonta, in the County of Otsego in the presence of myself and James B. Galer, the other attesting witness. At the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a Citizen of the United States, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. (Signed) Claude Galer Taken, subscribed and sworn to before me this 20th day of October A.D., 1898 (Signed) Lynn J. Arnold, Surrogate. Surrogate's Court==County of Otsego. In the Matter of Proving the Last Will and Testament of John Hillsinger, Deceased. Otsego County, SS: James B.Galer, of the town of Oneonta in the County of Otsego, State of New York, after being duly sworn as a witness in the above entitled matter on behalf of the proponent to prove said Will, says: I was well acquainted with John Hillsinger, the said testator, late of the town of Laurens County of Otsego, deceased, and had known him for more than 25 years before his death. The subscription of the decedent's name at the end of the instrument now shown to me, and offered for probate as his last Will and Testament, and bearing date the 11th day of November 1897, was made by the decedent at the town of Oneonta, in the County of Otsego in the presence of myself and Claude Galer, the other attesting witness. At the time of making such subscription, the said decedent declared the said instrument so subscribed by him to be his last Will and Testament, and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent, and in his presence. The said decedent, at the time of so executing said instrument, was a Citizen of the United States, upwards of the age of twenty-one years, and of sound mind, memory and understanding, and not under any restraint. (Signed) Jas. B. Galer Taken, subscribed and sworn to before me this 20th day of October A.D., 1898 (Signed) Lynn J. Arnold, Surrogate. Otsego County, SS: It appearing upon the proofs duly taken in respect to the Last Will and Testament of John Hillsinger, late of the town of Laurens in the County of Otsego, and State of New York, deceased, that the Will was duly executed and that the said John Hillsinger at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provisions of the Law, made and provided, this 20th day of October A.D., 1898 (Signed) Lynn J. Arnold Surrogate Additional Comments: