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
Transcribed by Ronald J. Reid, 2003.

Charles Garlock
At a Surrogate court held in and for the County of Herkimer at the Surrogate's office in the Village of Herkimer August 9^th 1858 Present Robert Earl Surrogate

In the matter of the final
settlement of the accounts
of John Smith & Philip C.
Bellinger as Executors of the
last will and Testiment
of
Charles Garlock deceased

The Executors having appeared before the Surrogate on the 5^th 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 12^th day of July the next: and on the said 12^th 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 ~~Garlock~~ L??y having appeared as counsel and proctor? for all the other parties interested in the accounting said this matter having then been adjourned by the consent of all the said parties The 14^th day of July then next at the same place: and on the said 14^th day all the said parties having again appeared before the said Surrogate and the said account of the said Executors having then been examined and investigated and the Surrogate having heard the allegations of the said parties in reference to the said account and having considered the same: and having held the said account under consideration until this day^th It is now ordered adjudged and decreed that the said account be and the same is hereby finally settled and allowed as presented and filed.

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

Surrogate

(Page 341)

Charles Garlock

At a Surrogates court held in and for the County of Herkimer at the Surrogates office in the Village of Herkimer Aug 16^th 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 9^th 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.

Total amounts of assets and receipts of the said Executors from all sources                                                                  $8143.56

Total amount of payment disbursements and expenses of the Executors on account of the estate including their commissions excepting their payments out of the residuary estate to the residuary legatees                                                                  1220.72

           Balance                                                       $6922.84

Deduct from this balance the money in the hands of the Executors on account of laying out the road                                       230.90

           Balance                                                       $6691.94

It is ordered that the executors pay out of this sum, the sum of 60.00 to Daniel Garlock general guardian of his son and ward Albert Garlock in discharge of the legacy of $100, bequeathed to the said Albert in the sixth clause of the will, the said $60, leaving such a sum as will amount to $100, where the said Albert shall reach the age of 21 years.

And it is further ordered and decreed

that the balance of                                                 $6631.94

be paid & distributed as follows

To Daniel Garlock  to this add his                            $1776.40

share of the above sum of $230.90                                   8.24

                                                                          $1784.64

From this deduct already paid to Daniel                           941.00

leaving yet to be paid to Daniel                                  $843.64

And to Albert Garlock to be

paid to his General Guardian                                     1657.98

From this deduct already paid to the said Albert            744.21

Leaving yet to be paid to him                                    $913.77

To Charles Garlock to be paid to his

General Guardian                                                    1657.78

To this add his share of the above

sum of $ 230.90                                                       115.45

                                                                        $1773.43

From this sum deduct already paid                            1027.27

To Abraham Garlock                                               $828.99

To this add his share of the above

sum of $230.90                                                         57.72

                                                                           886.97

And to each of the following persons the sums set opposite their respective names made up as follows

$118.42 out of the residuary estate and $8.24 out of the said sum of $230.90

To wit:

Mary E. Lucklin                                                        126.66

Charity Walrath                                                       126.66

Levi Garlock                                                            126.66

John Garlock                                                           126.66

Hezekiah Garlock                                                    126.66

Bernard Garlock                                                       126.66

  And it is further ordered that the said Executors take receipts for all such payments and file them in this office

                                                      Robert Earl
                                                                  Surrogate

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