WILL of MARY GOLDEN

Town of Little Falls
Herkimer County, New York




The Will of Mary Golden of the Town of Little Falls was kindly submitted by Floyd and Kathy Cmela.




SURROGATE'S COURT---County of Herkimer
In the matter of proving the Last Will and Testament of Mary Golden deceased

Herkimer County, ss.:

James Churchill of the Town of Little Falls, in the County of Herkimer in the State of New York being duly Sworn, do depose and say, that the said Churchill for himself that he is a subscribing witness to the Last Will and Testament of Mary Golden Late of the town of Little Falls, in said County of Herkimer, deceased; and that the said deceased died on the 4th. Day of February 1854 and in the presence of this deponent Nathaniel S. Benton subscribed her 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 Mary Golden, deceased and which bears the date on the 4th. day of February 1854; that the said deceased did at the time of subscribing her name to the said instrument as aforesaid, declare this same to be her Last Will and Testament and this and said deponent Benton did there upon subscribe their own names at the end of said instrument as attesting witnesses to the execution thereof, at the request of said deceased did in her presence, and in the presence of each other, that said deceased at the time of subscribing her name to said instrument as aforesaid, was upwards of 21 years of age; that she appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of this deponent.

                       What said Nathaniel S. Benton is dead.

Sworn, examined and subscribed before me this 2nd. Day of March 1889.

              Rollin H. Smith
              Surrogate
                            (James Churchill)

Herkimer County s.s.
Watts T. Loomis of the town being duly examined, an open tenent before Rollin H. Smith surrogate of Herkimer County, of Little Falls in the County of Herkimer both depose and say that he was well acquainted with Nathaniel S. Benton late of the Town of Little Falls, County of Herkimer, deceased and saith his manner and style of hand writing having often seen him write that he verily believes that the signature Nathaniel S. Benton signed as a witness to the instrument now produced and shown to this deponent bearing date on the 4th. Day of February 1854 purporting to be the Last Will and Testament of Mary Golden deceased is the true and genuine hand writng and signature of the said Nathaniel S. Bentonand deponent is now deceased.
                             Watts T. Loomis
Sworn,examined, and subscribedthis2nd. Day of March A.D., before me.
              Robin H. Smithsurrogate


County of Herkimer--Surrogate's Court
In the matter of proving the
Last Will and Testament of
            Mary Golden--deceased

Herkimer County s.s.
Moses Hoover of the Town of Little Falls in the County of Herkimer being duly sworn and examined in open court before Rollin S. Smith,Surrogate of Herkimer County, doth depose and say that he was well acquainted with Mary Golden late of the Town of Little Falls in the County of Herkimer, deceased, and with her manner aand style of hand writing, having often seen her write that he verily believes that the signature "Mary Golden" signed to the instrument in writing now produced and shown to this deponent being date 4th. Day of February A.D. 1854 purporting to be the Last Will and Testament of Mary Golden now deceased is the true and genuine hand writing and signatureof the said Mary Golden, and deponent further says that the said Mary Golden is now deceased.
                            Moses Hoover

Sworn, examined and subscribed this 2nd. day of March 1889 Before me
                            Rollin H. Smith--surrogate

Will Last Will and Testament of Mary Golden of the Town of Little Falls, County of Herkimer

I, Mary Golden considering the uncertainity of this mortal life, and being of a sound deposing mind and memory, do make and publish this my Last Will and Testament in manner and form following.

I give, devise and bequeath unto my sisters, Betsy Golden, Alvina Golden, Emily Golden, Sarah Golden and to their heirs, and assigns forever all the Real and Personal Estates and Property whereof I may be seized and possessed at the time of my death. Equally to be divided between them share and share alike. but in the case one or more of my said sisters shall die or depart this life before my death then I give, bequeath and declare that the shares and portions, and the shares and portions of such deceased sister or sistersin and to my said estates shall go to and be vested atthe time of my death who may be living, so that those of my above named sisters who shall survive me, shall take the whole of my estate in fee. In witness thereof I have hereunto set my hand and seal this 4th. Day of February One thousand Eight Hundred Fifty Four: and hereby revoke all former wills by me made.
                             Mary Golden (Seal)

The above instrument was at the date thereof signed, sealed, published and declared by the said Mary Golden as and for her Last Will and Testament in the presence of us who at her reqest and in her presence and in the presence of each other have subscribed our names as witnesses thereto.
                            Nathaniel S. Benton of Little Falls, Herkimer County, New York
                            James Churchill of Little Falls,Herkimer County, New York


State of New York
              Herkimer County Surrogate's Court

      Be it remembered that on the 2nd. day of March A.D. 1889 the Last will and Testament of Mary Golden, late of the Town of Little Falls in said County of Herkimer, deceased, bearing date the 4th. day of February A.D. 1854, "being the annexed written instrument" was duly proved before Rollin H. Smith surrogate of said County of Herkimer. According to law as and for the Last Will and Testament of the real and personalestate of the deceased, which said Last Will and Testament and the proofs annd examinations taken thereon are recorded in this office Book Y of Wills, on Page 113 and following.

{L. S.}    IN WITNESS THEREOF, I Rollin H. Smith
Surrogate of said County. Have hereunto
set my hand and seal of office, at the
Surrogate's office, the village of Herkimer
This 4th. day of March A.D. 1889
                     Rollin H. Smith
                     Surrogate

I, ROLLIN H. SMITH, Surrogate of Herkimer County, do hereby certify the foregoing to be a true copy and record of the Last Will and Testament of Mary Golden late of the Town of Little Falls in said county, deceased, propounded for probate and duly proved before me and also of the proofs ans examinations taken before me in relation thereto.

Witness my hand at Herkimer, in said county, this Fourth day of March A.D. 1889.                             Rollin H. Smith Surrogate


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Created 8/23/02
Copyright © 2002 Floyd & Kathy Cmela
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