Will of Holmes Rider
Town of Frankfort
Herkimer County, New York
The will of Holmes Rider of Frankfort was graciously contributed by researcher Al White.
This will has been slightly reformatted, with bolding added here and there, for ease of online reading.
As it was also difficult to read in spots, areas where words couldn't be made out are noted by blanks.
Surrogate's Court County of Herkimer
In the matter of proving the Last Will and Testament of
Holmes RIDER Deceased
Herkimer County ss.:
J. W. RAYHILL of the city of Utica in the county of Oneida State of New York and
Clara L LOOMIS of the city of Utica in the County of Oneida State of New York
being each duly sworn, do depose and say, the said J. W. RAYHILL for himself that
he is a subscribing witness to the Last Will and Testament of Holmes RIDER late
of the town of Frankfort in said County of Herkimer, deceased; and the said Clara
L Loomis for herself that she is a subscribing witness to the Last Will and
Testament of said Holmes RIDER late of the said town of Frankfort in said County
of Herkimer, deceased; and that the said deceased did on the 9th day of April
1904, 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 9th day
of April 1904; 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;
and these 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 our presence, and in the presence of each other.That 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 sound mind and memory,
and was not under restraint to the knowledge or belief of these deponents.
Sworn, examined and subscribed, before me, this Jas W. RAYHILL
23rd day of January 1905 Clara L. LOOMIS
IRVING R. DEVENDORF
Surrogate
At a Surrogate's Court, held at the Surrogate's Office in Herkimer, in and for
the County of Herkimer, the 23rd Day of January 1905.
Present, HON. IRVING R. DEVENDORF
Surrogate
Surrogate's Court-County of Herkimer
In the Matter of Proving the Last Will and Testament of Holmes RIDER deceased
Satisfactory proof by affidavit having been made and filed of the due
service of the citation heretofore issued in this matter, requiring the proper persons to
appear in this Court on the 23rd Day of January A.D., 1905, at 10 o'clock in the
forenoon, and attend the Probate of the last Will and Testament of Holmes RIDER,
late of the town of Frankfort in the County of Herkimer and State of New York,
deceased, and J. W. RAYHILL Esq. of Utica, NY. Attorney for Martin H. Rider
executor named in said will and the petitioner for the probate thereof having
appeared in support of the proof of the said petitioner and the witnesses in
support of the Probate of said Will, and the probate thereof not having been
contested, and duly deliberating thereon, it is Adjudged and Decreed that the
said last Will and Testament was duly executed, that the same is genuine and
valid, and that the said Holmes RIDER, deceased, at the time of executing the
same, was in all respects competent to make a last Will and Testament, and to
devise real estate, and was not under any restraint, and this Court doth Further
Order and Decree that the said last Will and Testament and the proofs and
examinations taken in respect to the same be recorded, and that the said last
Will and Testament be admitted to Probate, and that the same be, and hereby is,
established as a Will of real and personal estate.
IRVING R. DEVENDORF Surrogate
LAST WILL AND TESTAMENT
I, Holmes RIDER of the Town of Frankfort Herkimer County, New York, being of
sound mind and memory, do make, publish and declare this to be my last Will and
Testament, in the manner following, that is to say:
First, I direct the payment of all my just debts and funeral expenses.
Second, I direct the payment in full, principle and interest, if the same shall
remain unpaid at the time of my death, of the first mortgage now? upon my farm and home premises.
Third, I direct the payment in full, principle and interest, of the mortgage now?
on my farm and home premises held by my wife Gilfrie RIDER.
Fourth, Should my wife survive me, I direct the payment in full of all her dower?
right, title and interest in and to my estate.
Fifth, I devise and bequeath unto my sister Mary J RIDER, the sum of three
hundred dollars, to be paid out of my personal property should there be enough to
pay the same and in the event there is not enough personal property then I make
said bequest of three hundred dollars, a charge upon any and all real estate of
which I may die seized and possessed.
Sixth, I devise and bequeath unto my brother, Orange C. RIDER, the sum of three
hundred dollars to be paid out of my personal property should there be enough to
pay the same and in the event there is not enough personnal property then I made
said bequeath of three hundred dollars, a charge upon any real estate of which I
may die seized and possessed.
Seventh, All the rest residue and remainder of my estate of every kind and
nature, real and personal, I give devise and bequeath unto my son Martin H. RIDER
to have and to hold the same unto his own proper use and benefit forever.
Eighth, I likewise make, constitute and appoint my said son Martin H. RIDER, sole
executor of this my last Will and Testament , hereby revoking all former Wills by
me made and granting unto my said Executor full power to sell any and all of my
real estate for the purpose of executing this my lst Will and Testament.
In witness whereof, I have hereunto subscribed my name and affixed my seal this
ninth day of April, in the year of our Lord, One Thousand Nine Hundred and Four.
Holmes RIDER
We, whose names are hereto subscribed, do certify that on the 9th day of April
1904, Holmes RIDER, the testator, subscribed his name to this instrument in our
presence and in the presence of each of us and at the same time in our presence
and hearing declared the same to be his last Will and Testament, and requested us
and each of us to sign our names thereto as witnesses to the executions thereof,
which we hereby do in the presence of the testator and of each other, on the said
date and write opposite our names our respective places of residence.
Clara L. LOOMIS residing at Utica, NY
Jas. W. RAYHILL residing at Utica, NY
State of New York
Herkimer County Surrogate's Office
Be it remembered, That on the 23rd day of January A.D. 1905, the Last Will and
Testament of Holmes RIDER late of the town of Frankfort in said County of
Herkimer, deceased, bearing date the 9th day of April A.D., 1904 _________________
(being the annexed written instrument), was duly proved before IRVING R. DEVENDORF, Surrogate
of said County of Herkimer, according to law, as and for the Last Will and Testament _____________
of the real and personal estate of said deceased; which said Last Will and Testament _____________
and the proofs and examinations taken thereon, are recorded in this office in Book 32 of Wills, on page 261 and following.
In testimony whereof, I, IRVING R. DEVENDORF, Surrogate of said County, have
(L.S.) herewith set my hand and seal of office, at the Surrogate's office, in the
Village of Herkimer, this 23rd day of January A.D., 1905.
IRVING R. DEVENDORF
Surrogate
I, IRVING R. DEVENDORF, Surrogate of Herkimer County, do
hereby certify the foregoing to be a true copy and record of the Last Will and
Testament of Holmes RIDER late of the Town of Frankfort in said county, deceased,
propounded for probate and duly proved before me, and also of the proofs and
examinations taken before me, in relation thereto.
Witness my hand at Herkimer, in said county, this 23rd day of January A.D. 1905.
IRVING R. DEVENDORF
Surrogate
The Will of Holmes RIDER was transcribed by Allen L. White from documents received from SAMPUBCO.
|