Will of Theressa D. Rider

Town of Winfield
Herkimer County, New York




The will of Theressa D. Rider of Winfield was graciously contributed by researcher . This will and accompanying documents have been slightly reformatted for ease of online reading.

SURROGATE'S COURT County of Herkimer
In the matter of proving the Last Will and Testament of Theressa D. RIDER. Deceased.

Herkimer County

    Clinton NOBLE of the City of Utica in the County of Oneida State of New York and Henry D. STEBBINS of the town of Winfield in the County of Herkimer State of New York begin duly sworn, do depose and say, the said Clinton NOBLE for himself that he is a subscribing witness to the Last Will and Testament of Theressa D. RIDER late of the Town of Winfield in said County of Herkimer, deceased: and the said Henry D. STEBBINS for himself that he is a subscribing witness to the last Will and Testament of said Theressa D. RIDER late of the town of Winfield in said County of Herkimer, deceased; and that the said deceased did on the 7th day of June 1905, in the presence of these deponents, subscribe 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 deceased, and which bears date on the 7th day of June 1905; that the said deceased did at the time of subscribing her name to said instrument as aforesaid, declare the same to be her 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 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 twenty-one years of age; that she appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents.

Sworn, examined and subscribed, before me,            Clinton NOBLE
This 15 day of June 1914                                        Henry D. STEBBINS
                               Charles BELL, Surrogate

SURROGATE'S COURTCounty of Herkimer
In the matter of proving the Last Will and Testament and Codicil thereto of
Theressa D. RIDER.
Deceased.

Herkimer County

    Clinton NOBLE of the City of Utica in the County of Oneida State of New York and Henry D. STEBBINS of the town of Winfield in the County of Herkimer State of New York begin duly sworn, do depose and say, the said Clinton NOBLE for himself that he is a subscribing witness to a Codicil of the Last Will and Testament of Theressa D. RIDER late of the Town of Winfield in said County of Herkimer, deceased: and the said Henry D. STEBBINS for himself that he is a subscribing witness to a Codicil of the last Will and Testament of said Theressa D. RIDER late of the town of Winfield in said County of Herkimer, deceased; and that the said deceased did on the 19th day of February 1906, in the presence of these deponents, subscribe her name at the end of the instrument which is now shown to these deponents, and which purports to be a Codicil of the last Will and Testament of the said deceased, and which bears date on the 19th day of February 1906; that the said deceased did at the time of subscribing her name to said instrument as aforesaid, declare the same to be a Codicil of her 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 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 twenty-one years of age; that she appeared to be of sound mind and memory, and was not under restraint to the knowledge or belief of these deponents.

Sworn, examined and subscribed, before me,          Clinton NOBLE
This 15 day of June 1914                                      Henry D. STEBBINS
                               Charles BELL, Surrogate

At a Surrogate's Court held at the Surrogate's Office
in Herkimer, in and for the County of Herkimer, the
15 day of June 1914.

Present Hon. Charles Bell, Surrogate.
Surrogate's CourtCounty of Herkimer
In the Matter of Proving the Last Will and Testament
And Codicil thereto of Theressa D. RIDER, Deceased.

    Satisfactory proof by affidavit having been made and filed at the due service of the citation heretofore issued in this matter requiring the proper persons to appear in this Court on the 15 day of June, A.D., 1914, at 10 o'clock in the forenoon, and attend the Probate of the Last Will and Testament and Codicil thereto of Theressa D. RIDER late of the Town of Winfield in the County of Herkimer, and State of New York, deceased, and all not having been personally served having waived the service of a citation upon them and consenting that said last Will and Testament and Codicil thereto be admitted to probate, which waivers and consents have been filed,

    And Edward C. RICE having appeared and been appointed Special Guardian for Ruth E. RIDER and George B. RIDER infants named in the petition and citation, and having made no objection as such Special Guardian to the Probate of said Will and Codicil thereto,

    And Clinton NOBLE attorney for the petitioner and executor having appeared in support of the proof of the said Last Will and Testament and Codicil thereto, and after hearing the proofs and allegations of the said attorney for petitioner, and the witnesses in support of the Probate of said Will and Codicil thereto, and the probate thereof not having been contested, and duly deliberating thereon, it is Adjudged and Decreed that the said Last Will and Testament and Codicil thereto was duly executed, that the same is genuine and valid, and that the said Theressa D. RIDER deceased, at the time of executing the same, was in all respects competent to make a Last Will and Testament and Codicil thereto, 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 Codicil thereto and the proofs and examinations taken in respect to the same be recorded, and that the said Last Will and Testament and Codicil thereto, be admitted to Probate, and that the same be, and hereby is established as a Will of real and personal estate. $5.00 allowed Special Guardian.

                    Charles BELL, Surrogate

IN THE NAME OF GOD, AMEN

    I, Theresa D. RIDER of the town of Winfield, County of Herkimer and State of New York, of the age of seventy one years, and being of sound mind and memory, do make, publish and declare this to be my last Will and Testament in manner following, that is to say:
    FIRST.- After the payment of all my just debts and funeral expenses, I give, devise and bequeath the use, control and occupancy of all my property of whatever name or nature, real, personal and mixed to my beloved husband Boughton L. RIDER, to be enjoyed by him during the term of his natural life.
    SECOND. - After the death of my said husband Boughton L. RIDER, I give and bequeath to my son Jay B. RIDER the sum of one thousand dollars, and to my grand-daughter Ruth E. RIDER, daughter of my deceased son Earl M. RIDER, all of my wearing apparel and ornaments.
    THIRD. - All the rest, residue and remainder of my property of whatever name or nature, real, personal and mixed of which I may die seized or possessed, after the death of my said husband, Boughton L. RIDER, I give, devise and bequeath to my said son Jay B. RIDER and my daughter Eliza A. MCFARLAND and my grand-children Richard E. RIDER, Rose E. RIDER, Ruth E. RIDER and George B. RIDER, children of my deceased son Earl RIDER, to be divided between them as follows, vis;-
    My said son Jay B. RIDER and my said daughter Eliza A. MCFARLAND each to have one-third and my said grand-children Richard E. RIDER, Rose E. RIDER, Ruth E. RIDER and George B. RIDER each to have one-twelfth. It is my will and I hereby direct that my household furniture may be divided between the parties mention in this sub-division of my will in the same manner as the rest of the property mentioned in this said subdivision without being sold or converted into cash.
    LIKEWISE, I make, constitute and appoint my friend William T. HOWELLS and my brother Milton T. MORGAN both of West Winfield, N.Y., executors of this my last Will and Testament hereby revoking all former wills by me made.
    In Witness Whereof, I have hereunto set my hand and seal this seventh day of June, one thousand nine hundred and five.
                                          Theressa D. RIDER    L.S.

The foregoing instrument consisting of one and one-half sheets, was at the date thereof signed, sealed, published and declared in our presence by the testatrix Theresa D. RIDER, as and for her last Will and testament, and we then and there at her request, and in her presence and in the presence of each other signed our names as attesting witnesses thereto.

Clinton NOBLE          residing at West Winfield, Herkimer Co., NY
H. D. STEBBINS        residing at West Winfield, Herkimer Co., NY

    I, Theressa D. RIDER of the Town of Winfield, County of Herkimer and State of New York, having made my last Will and Testament bearing date the Seventh day of June in the year One thousand nine hundred and five, do now make this Codicil to be taken as part of the same.
    Whereas by my said will I have appointed my friend William T. HOWELLS to be one of the executors thereof together with my brother Milton T. MORGAN as the other executor: Now I hereby revoke the appointment of the said William T. HOWELLS as such executor; And I appoint my son Jay B. RIDER executor in the place of the said William T. HOWELLS, to act with my said brother Milton T. MORGAN as the other executor. And I declare that my said Will shall be construed and take effect as if the names of the said Jay B. RIDER and Milton T. MORGAN were inserted in my said will throughout, as executors, instead of the names of the said William T. HOWELLS and Milton T. MORGAN. And in all respects I confirm my said Will.
    In Witness Whereof I have hereunto set my hand and seal this Nineteenth day of February, One thousand nine hundred and six.
                                Theressa D. RIDER    (L. S.)

    The foregoing instrument was at the date thereof signed, sealed, published and declared in our opresence by the testatrix, Theressa D. RIDER as and for a Codicil to her last Will and Testament, and we then and there at her request and in her presence and in the presence of each other, signed our names as attesting witnesses thereto.

Clinton NOBLE,                     residing at West Winfield, Herk, Col, N.Y.
Henry D. Stebbins                 residing at West Winfield, Herk, Co., N.Y.

State of New York
Herkimer County Surrogate's Officer

    BE IT REMEMBERED, That on the 15 day of June, A.D., 1914, the Last Will and Testament and Codicil thereto of Theressa D. RIDER late of the town of Winfield in said County of Herkimer, deceased the Will bearing date the 7th day of June, A.D., 1905, and a Codicil thereto dated the 19th day of February, 1906 (being the annexed written instrument), was duly proved before Charles BELL, Surrogate of said County of Herkimer, according to Law, as and for the Last Will and Testament and Codicil thereto of the real and personal estate of said deceased; which said Last Will and Testament and Codicil thereto and the proofs and examinations taken thereon, are recorded in the this office in Book 39 of Wills, on page 189 and following.

IN TESTIMONY WHEREOF, I, Charles BELL, Surrogate of said County,Have hereunto set my hand and seal of office, at the Surrogate's office in the Village of Herkimer, this 15th day of June, A.D., 1914.
                Charles BELL, Surrogate

    I, Charles BELL, Surrogate of Herkimer County, do hereby certify the foregoing to be a true copy and record of the last Will and Testament and Codicil thereto of Theressa D. RIDER late of the town of Winfield 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 15th day of June, A.D., 1914.

                                     Charles BELL
                                     Surrogate

Transcribed by Al White from documents received from SAMPUBCO.


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