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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