1858 Charles Garlock Estate Final Decree
Herkimer, New York
Contributed by Ron Reid
Final Decrees Volume D, Page 324, Herkimer Co., New York. Film 0846534
In the matter of the final
Executors having appeared before the Surrogate on the 5th day of
April 1858 and presented their petition only verified praying for a final
settlement of their accounts as such Executors & the Surrogate having
thereupon issued a citation requiring all the persons interested in the Estate
of the said deceased to appear before the Surrogate at his office in the
village of Herkimer on the 12th day of July the next: and on the said 12th day of July
the Executors having appeared and made due proof of the service of the said
citation on all the person interested in the Estate of the said deceased and
having rendered their account as such Executors duly verified and H. Nolton
having appeared as their counsel and proctor? and Matthew Link having appeared
as the General Guardian of Charles Garlock a minor grandson of the said
deceased in person and by H. Link his counsel and procter?, and Charles
The said Executors having received as appears by their account the sum of $252.00 - for damages [ ] by laying out a highway through the homestead farm of the said deceased and the sum of $46.52 for timber sold by them which stood in the same highway making together the sum of $298.52 and the said Executors as appears by their account having paid for building fence along the said highway the sum of $67.62 which leaves in their hands the sum of $230.90 the balance of money received by them on account of the laying out of the said highway: It is ordered that the said Executors pay the one half of the said balance of $230.90 to Matthew Link General Guardian for his ward Charles Garlock and that they pay one quarter of the said balance to Abraham Garlock the son of the said deceased and the other quarter to the Children of Nancy Garlock deceased in equal shares who are all the remaining heirs at law of the said testator. And it is further ordered and decreed that the said Executors pay to Daniel Garlock General Guardian for his ward Albert Garlock such a sum of money as will amount to $100 when the said Albert shall reach the age of twenty one years n discharge of the legacy given to the said Albert in the sixth clause of the will. And it is further ordered and decreed that the whole of the residuary estate which has come into the hands of the said Executors be paid and distributed by them as follows: one quarter thereof to Matthew Link General Guardian for his ward Charles Garlock one quarter thereof to Daniel Garlock General Guardian for his ward Albert Garlock one quarter thereof to Daniel Garlock and one quarter thereof to the heirs and next of kin of the Testator and that the last quarter be paid and distributed as follows one half thereof to Abraham Garlock and the other half thereof to the children of Nancy Garlock deceased in equal shares they being the remaining heirs and next of kin of the said deceased And it is further ordered that so far as the said Executors have already made such payments under the residuary clause of the will of the Testator they be credited with the same and the persons to whom such payments have been made be respectively charged with the same and receive only the balances if any due them respectively –
And it appearing that the executors in an account rendered by them in July 1855 received their commissions on all the moneys and property which had come into their hands up to that time it is ordered that before making the payments herein directed they be credited with the usual commissions on all the additional moneys which have come into their hands since that time and on the increase of the estate by way of interest and otherwise.
And inasmuch as the accounts of the said Executors is so stated that the Surrogate cannot ascertain the precise amount of the balance in their hands and the amount of commissions to which they are entitled on their accounting it is ordered that the said Executors within twenty days from the service upon them of a copy of this decree file a supplemental or explanatory account showing the precise amount of money and property in their hands and the amount of commissions to which they are entitled and then a further order or decree will be made fixing the amount to which each of the parties interested in the estate of the said deceased is entitled. R. Earl
At a Surrogates court held in and for the County of Herkimer at the Surrogates office in the Village of Herkimer Aug 16th 1858.
Present Robert Earl Surrogate in the matter of the final settlement of the accounts of John Smith & Phillip C. Bellinger as Executors of the last will and testament
Charles Garlock deceased
On this day the said Executors again appeared and filed an additional account in pursuance of the order and decree made and entered in the matter on the 9th day instant & H. Nolton appeared as their proctor? & counsel and Cl??y appeared as counsel & proctor for all the heirs and next of kin of the testator.
The following is a summary statement of the accounts of the said Executors as finally settled and allowed.