1873 Will of George G. Hilts
& Petition to Prove Will
& Final Account of Estate
Contributed by Jeanne Kline
The following documents were obtained from the Surrogate Court of St. Lawrence County:
"I George G. Hilts, of Gouverneur, St. Lawrence County, State of New York, of the age of Eighty one years being of sound mind and memory, do make ordain, publish and declare this to be my Last Will and Testament, that is to say:
First: After all my lawful debts are paid and discharged, I give, devise and bequeath to my beloved wife Elizabeth all of my household furniture, pictures, books, "Beding", carpets and other furniture which I may have at the time of my decease, to her sole use, benefit and "behoff" forever.
I also give and bequeath to my beloved wife Elizabeth all moneys, notes, bonds, bills or evidences of debt which I may have in my possession at the time of my decease, or may own or be due me, after the payment of my lawful debts.
Second: I give and bequeath and devise to my beloved wife Elizabeth all the rest residue and remainder of my estate both real and personal wherever situate or of whatsoever kind to her and her use for and during her natural life, the same to be received and accepted by her in lieu of Dower.
Third: In case my beloved wife Elizabeth shall wish it, I hereby direct and empower my said Executrix and Executor to sell and dispose of all of my said estate both real and personal and invest the proceeds in good real estate security as for interest, "annuall or semi anually". The interst of which said sum so invested, shall belong to and be paid to my said wife Elizabeth so long as she shall live, and after her decease and within six months therefrom I order and direct my said surviving Executor to convert said mortgage into cast and out of the proceed thereof to pay to my son Francis Hilts the sum of one thousand dollars. To my son Malcom S. Hilts the sum of eight hundred dollars. To my son John A. Hilts eight hundred dollars. To my son William J. Hilts eight hundred dollars. To my son Charls A. Hilts one thousand dollars. To my son James Walter Hilts eight hundred dollars. To my son Theodore H. Hilts eight hundred dollars. To my daughter Matilda Cl_f_in four hundred dollars. To my daughter Dorothy H. Small, four hundred dollars. To my daughter Sarah A. Doane four hundred dollars. To my grand-children Henry and Charles Hartley sons of my daughter Harriet deceased, each one Hundred dollars.
Fourth: In case my beloved wife Elizabeth should not think it best to sell said real estate and personal property during her lifetime, then and in that case I hereby direct and empower my surviving Executor within six months after the decease of my said wife to sell and dispose of all my said estate both real and personal and to execute such deeds as may be necessary to carry out this provision of my Will, and out of the proceeds of such sale to pay to my said sons and daughters and grand-children and to each of them respectively the several bequests mentioned in the third article of this Will.
Fifth: I give devise and bequeath all the rest residue and remainder of my property real and personal of every name and nature whatsoever (after the payment of the above legacies) to my sons Francis Hilts, Malcom S. Hilts, John A. Hilts, William J. Hilts, Charles A. Hilts, James Walter Hilts, Theodore H. Hilts, share and share alike.
Sixth: I hereby authorize and empower my Executrix and Executor to execute all deeds or instruments which may be necessary to carry out the full intent and meaning of the Will.
Likewise, I make constitute and appoint my beloved wife Elizabeth Hilts and Duane Morris of Gouverneur, St. Lawrence County, New York to be Executrix and Executor of the my last Will and Testament, hereby revoking all former Wills by me made.
In witness whereof, I have here unto subscribed my name and affixed my seal, this twenty eighth day of January in the year of our Lord one thousand eight hundred and seventy three.
The above instrument, consisting of one sheet was at the date thereof subscribed by George G. Hilts in the presence of us and each of us, he at the time of making such subscription, acknowledged that he made the same and declared the said instrument so subscribe by us to be his last Will and Testament, whereupon we then and there at his request, and in his presence and the presence of each other, subscribe our name as witnesses thereto.
J. B. Preston residing at Gouverneur, St. Lawrence County, N.Y.
The Petition to Prove Will
COUNTY OF ST. LAWRENCE, ss:
To Hon. Stillman Foot, Surrogate of the County of St. Lawrence:
The Petition of William J. Hilts of the Town of Gouverneur in the said County,
That George G. Hilts late of the town of Gouverneur in said County departed this life in the town of Gouverneur aforesaid, on the 14th day of February 1873, having previously, as your petitioner is informed and believes, duly made and executed his last Will and Testament. That your petitioner is one of the Legatees named in the said Will. That the said deceased was a citizen of the United States. That he was at or immediately previous to his death an inhabitant of the county of St. Lawrence, owning real and personal estate therein, and that said last Will and Testament relates to both real and personal estate.
Your petitioner further shows that the heirs and next of kin of the said George G. Hilts deceased, are as follows, and none other or others, to the best knowledge, information and belief of your petitioner, viz:
Francis Hilts of Fowler, St. Lawrence County, N. Y.
That Elizabeth Hilts residing in the town of Gouverneur aforesaid, of full age, is the widow of said George G. Hilts deceased.
Your petitioner further shows that he is informed and believes that the Surrogate of the said county has jurisdiction to take the proof of the said last Will and Testament, and over the executor thereof, and the power of granting Letters Testamentary thereof, with all powers incidental thereto. And that he is desirous that such proof should be taken, and such Letters granted, and that such further or other proceedings in the premises should be had, as are legal and proper.
Your petitioner therefore prays that a Citation may issue out of, and under the seal of, this Court, to be directed to the proper persons, pursuant to the Statute in such case made and provided, requiring them and each of them, at such time and place as shall be in said Sitation mentioned, to appear and attend the probate of the said last Will and Testament, and that such further or other proceedings in the premises should be duly had as may be required, to the proving and recording of the said last Will and Testament, and the granting Probate and Letters Testamentry thereof. And your petitioner will ever pray, & c.
DATED, February, 22nd 1873. [signed] William J. Hilts
ST. LAWRENCE COUNTY, ss:
Subscribed and sworn before me this 22d day of February 1873.
[signed] J. B. Preston, J. P.
In Surrogates Court, St. Lawrence County, N. Y.
To the Surrogates Court of St. Lawrence County, N.Y.
I charge myself with the following.
Amount of inventory. $2273.76. Note of Francis Farmer. $ 400.00 Interest on Same 22.76. Note of C.A.Hilts, 39.02. Interest on same 1.17 Note of J.A.Hilts 100.00. Interest on same 15.00. Cash received from W.J.Hilts 40.96. Cash received from David E. Davis for and on account of sale of farm. $7849.96. Total amount from all sources $10744.21. I credit myself with the following as shown by the receipts. Loss as personal inventory for goods not coming into my hands. $ 2273.76. Money paid to the heirs according to the terms of the will of George G. Hilts. 1879. Apr. 5th Cash paid to Francis Hilts as follows, on principal sum $ 130.70. Apr. 5th Interest 70.00. Dec. 15 On Principal 689.67 Dec. 15 Interest 60.85. 1880 Dec. 13 Principal 132.10. Dec. 13 Interest 10.77. 1881 Jun. 30 Principal & Interest 150.87. Dec. 26 Principal & Interest 108.95 Total Paid to F. Hilts $ 1353.91 1879 Apr. 7 Paid to C. A. Hilts Principal $ 130.70. Interest 70.00 Dec. 12 Principal $ 689.67. Interest 60.85. 1880 Principal 132.10. Interest 10.77. 1881 Jun. 29 Principal 101.76. Interest 49.06. Dec. 24 Principal - 108.95 Total of share $ 1353.86. 1879 Paid to Malcom Hilts Mar. 31 Principal $104.34. Interest 56.00 Dec. 20 Principal 551.73 Interest 48.69 1880 Dec. 13 Principal 105.68 Interest 8.63 1881 July 2 Principal 101.79 Interest 39.48 1882 Jan. 5 Bal. share 108.95 Total Share $ 1125.39 1879 Paid to William J. Hilts Arp. 5 Principal $ 104.34. Interest 56.00 Dec. 18 Principal 551.73 Interest 48.69 1880 Dec. 13 Principal 105.68 Interest 8.63 1881 June 30 Principal 101.79 Interest 39.48 Dec. 27 Bal. Share 108.95 Total $ 1125.29 1879 Paid to Theodore Hilts, Apr. 3 Cash $ 104.34 Apr. 5 Cash 56.00 Apr. 7 Cash 103.52 Mar 29 Cash 77.23 Dec. 15 Cash 42.44 1880 Jan. 23 Cash 377.23 1881 Apr. 6 Cash 70.00 1882 May Cash 9.83 1886 Dec. 6 Cash 20.00 Dec. 6 Cash 5.00 Cash 11.20 1888 Feb. 10 Cash 50.00 Feb. 25 Cash 107.50 Feb. 27 Cash 57.50 Sep. 28 Cash 50.00 Apr. 3. 1889. Cash to Bal. Share 128.00 Total Share $ 1269.79 1879 Apr. 5 Paid to Sarah A. Doane Principal $ 52.17 Interest 28.00 Dec. 16 Principal 275.86 Interest 24.34 1880 Dec. 15 Principal 52.84 Interest 4.31 1881 June 30 Cash to Bal. 19.75 Total Share $ 457.27 1879 Paid to Dorothy A. Small, Apr. 6 Principal $ 52.17 Interest 28.00 Dec. 15 Principal 275.86 Interest 24.34 1880 Dec. 13 Principal 52.84 Interest 4.31 1881 June 30 Principal 19.75 Total Share $ 457.27 1879 Paid to Henry Hartley, Apr. 5 Cash $ 7.00 Dec. 13 Principal 68.96 Interest 6.08 1880 Dec, Cash 13.04 Dec. 13 Bal. Due 19.08 Total Share $ 114.16 1879 Paid to Charles Hartley Apr. 5 Cash $ 7.00 Dec. 13 Principal 68.86 Interest 6.08 1880 Dec. Cash 13.04 Dec. 13 Bal. Due 19.08 Total Share $ 114.16 1879 Paid to John A. Hilts Apr. 7 Principal $ 91.30 Interest 49.00 Dec. 15 Principal 482.77 Interest 42.32 1880 Dec. 13 Principal 92.47 Interest 7.55 Cash on principal 108.95 1881 June 3 Cash 136.33 Total Sum $1020.69 Total Amount Expenditures $10665.45 Amount on Hand $ 78.76