1855 Will of John N. Hilts
Herkimer, New York
Transcribed by Glen Bender
Contributed by Carol Grainger
John N. Hilts Estate
Herkimer County
Surrogates Office
To all to whom these presents shall come or may concern greeting Know ye that I Ezra
Graves Surrogate of the County of Herkimer pursuant to the power in me vested by the laws
of the state have this day appointed and do hereby appoint Ole Tredway of the town of Herkimer
special guardian to Melissa E. Perry, Sanford A. Perry, Jacob I. Perry minor heirs of Elizabeth
Perry deceased under the age of twenty one years for the special purpose of taking care of their
interests in the matters of the proving the will of John N. Hilts deceased the said Ole Tredway
having first consented and agreed in writing to be appointed and to act as such special guardian.
In witness whereof I have hereunto set my hand and affixed my seal of office this seventeenth
day of March in the year of our Lord one thousand eight hundred and fifty five.
S&S Ezra Graves Surrogate
Herkimer County
Surrogates Office
I Ole Tredway hereby consent to be appointed & agree to act as special guardian to the above
minor heirs for the special purpose of taking care of their interests in the matter above
mentioned In witness whereof I have hereunto set my hand this seventeenth day of March 1855
(signed) Ole Tredway
Herkimer County
Surrogates Office
In the matters of the List will and testament of John N. Hilts deceased as a will of real &
personal property. Sanford Eysaman of the town of Herkimer in the County of Herkimer being duly
sworn and examined doth depose and testify That he was acquainted with John N. Hilts now deceased
in his life time That this deponent saw the said John N. Hilts subscribe the instrument now shown
to the deponent herein poseing to be the last will and testament of the said John N. Hilts
bearing date the 22 day of February in the year eighteen hundred & fifty five, and that the
said John N. Hilts at the same time declared the said instrument to be his last will and testament
and That the deponent together with Daniel Hays the other subscribing witness to said will
subscribes his name as a witness at the request of said deceased and That the said will was
executed by the deceased in the presents of all of said witnesses and was attested by all of
said witnesses at the time it was executed and in the presents of the testator and of each other
and at the time the same was executed the deceased was of full lawful age and of sound mind &
memory and not under restraint to the best of the deponents knowledge and belief.
{signed} Sanford Eysaman
Sworn Examined and Subscribed this 24 day of
April 1855 before me Ezra Graves Surrogate
Herkimer County
Surrogates Office
In the matter of the last will and testament of John N. Hilts deceased as a will of real and
personal property.
I Daniel Hayes of the town of Manheim in the County of Herkimer being duly sworn and
examined doth depose and testify that he was acquainted with John N. Hilts now deceased in his
life time That this deponent saw the said John N. Hilts subscribe the instrument now shown to
the deponent herein poseing to be the last will and testament of the said John N. Hilts bearing
date the 22 day of February in the year eighteen hundred fifty five and that the said John N.
Hilts at the same time declared the said John N. Hilts instrument to be his last will &
testament and that the deponent together with Sanford Eysaman the other subscribing witness to
said will subscribed his name as a witness at the request of the said deceased and that the
said will was executed by the deceased in the presence of all of said witnesses and was
attested by all of said witnesses at the time it was executed and in the presence of the
testator and of each other and at the time the same was executed the deceased was of full
lawful age and of sound mind and memory and not under restraint to the best of the deponents
knowledge and belief.
{signed} Daniel Hayes
Sworn Examined & Subscribed this 24 day of
April before me Ezra Graves Surrogate
Note: John N. Hilts' will has been slightly reformatted for ease in online reading.
"Will"
In the name of God. Amen I John N. Hilts of the town of Herkimer in the County of
Herkimer and state of New York of the age of about sixty three years and being of sound mind
and memory do make publish and declare this my last will and testament in manners following that is today.
First I give and bequeath to my wife Delia one half of the benefits derived from my real
estate during the time the said Delia remains my widow except such real estate as bounty land.
2nd I give and devise to Mary the wife of Sanford Hilts all my real and personal property with the exception of which is inserted above.
3rd I give and devise to the said Mary wife of Sanford Hilts all my right and title to my
bounty lands. In witness whereof I have hereunto set my hand & seal this twenty second day of
February in the year of our Lord one thousand eight hundred and fifty five.
John N. Hilts (his mark)
This above instrument consisting of one sheet was at the date thereof signed sealed published
and declared by the said John N. Hilts as and for his last will and testament in presence of us
who at his request and in his presence and in the presence of each other have subscribed our
names as witness thereto.
{signed}
Sanford Eysaman Residing at Herkimer in Herkimer County
Daniel Hayes Residing at Manheim in Herkimer County
County of Herkimer
Surrogates Office Be it remembered that on the day of the date hereof the last will and
testament of John N. Hilts late of Herkimer in the County of Herkimer deceased bearing date
the 22nd day of February 1855 being the foregoing instrument was duty proved before Ezra Graves
Surrogate of the said County according to law as and for the last will and testament of the
real and personal estate of the said deceased which last will and testament and the proofs and
examinations taken thereon are recorded in this office.
In testimony whereof the surrogate of the said County hath hereunto set
his hand and affixed his seal of office this 24th day of April 1855
{signed} Ezra Graves Surrogate
I do hereby certify the foregoing to be a true record of the original
will of John N. Hilts and the proofs taken thereon April 24 1855.
{signed)
Ezra Graves Surrogate
NOTE: Elizabeth Hilts Perry, wife of George W. Perry, was born 1805 in Little Falls. She died in
1845 at the age of 34, and is most likely the Elizabeth spoken of in this will.
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