1858 Will of William G. Hilts

Herkimer, New York

Transcribed by Glen Bender

Contributed by Carol Grainger

Last Will and Testament
of William G. Hilts
dated 27 September 1858

pg. 1

    Be it remembered that heretofore to wit on this 27th day of September 1858 Delia Hilts, the widow and a legatee named in the last will & testament of William G. Hilts late of the town of Herkimer deceased appeared in open court before the Surrogate of the County of Herkimer and made application to have the said last will and testament which relates to both real and personal estate proved. And on said application the surrogate did ascertain by satisfactory evidence who were the widow heirs and next of kin of the said testator and their respective residences. and it appearing that the said widow and the following named children to wit, Andrew, Julia, Lucy, George W. and Elizabeth Hilts all of whom are minors having no general guardian are the only heirs and next of kin of the said deceased, and Samuel H. Rose of Herkimer having been by {an order} duly entered for that purpose, appointed the special guardian of the said minors for the sole purpose of appearing for them and attentive to their interest in the matter of the proof of said will, And the said widow having prayed for the immediate proof of said will without the issuing of any citation and the said Special guardian having waived the issuing and service upon him of any citation and having stipulated that the subscribing witnesses of the will might be (immediately) (sworn), and never was duly entered by the Surrogate, that the examination of the subscribing witnesses be (immediately) proceeded with and thereinfore the Surrogate took the proof of said will hereinafter set forth and he adjudged the said will to be a valid will of the real & personal estate and the proofs thereof to be sufficient, which said will and testament & proofs are as follows that is to say;


In the name of God amen,   I William G. Hilts of the town and County of Herkimer being in infirm health but of sound mind and memory do make ordain publish and declare this my last will and testament in the manner following that is to say;

First;   I order and direct that my executor hereinafter named to first pay my (funeral) (discharge) out of my personal property, all my just debts and (    ) (    } and (    ) (    ) my funeral charges and expenses and also erect at my grave a suitable monument not to cost or exceed the sum of Fifty dollars.

Secondly;    I give and bequeath unto my beloved wife all my household

pg. 2

furniture and I also give and devise unto my wife the use and benefit of all my real estate wheresoever situate-to have and use the same for and during her natural life provided she shall so long remain my widow.

Third;   My will and desire is that my wife and children shall continue to reside with my father as they have hitherto done and that as long as it shall be agreeable to my father to have my wife and children remain with him and be supported as heretofore it is my will and desire that all my farming tools, waggons, sleighs, horses and cows and other personal property which I have on the farm and which I have heretofore used on and in connection with the management of the farm be and remain on the farm to be used the same as heretofore for the just benefit of my family and the family of my father. I have full confidence that my father will permit my family to live on his farm and to manage it for hisand their support in all respect as the same has been heretofore managed by me and I {command} my family my wife and children to the fatherly care of my dear father. But if for any cause my wife and children cannot or should not to be able to live and be supported on my fathers farm as heretofore then and in that case my will and desire is that my executor hereinafter named do and he is hereby directed to convert my personal effects remaining upon the farm into money and apply the same for the support and maintenance of my family and the education of my children. It is my will that my children all shouldreceive a good common school education suitable for them, and it is my will that they may be brought up to industrious habits.

Third;   Except what is necessary for the support of my children after applying to their support such ( avails to ) income of may be ( denied ) from the use of my fathers farm and such other property as they may have, my will and desire is that my beloved wife shall have the use and benefit of all my personal property as long as she shall remain my widow and after her death or termination of her widowhood I give and devise unto my children share and share alike all the property both real and personal which may remain,

Lastly;  I do hereby nominate and appoint my Friend Peter (    ) of the village of Herkimer Executor of this my last will and testament hereby revoking all former wills by me made and I hereby appoint the said Peter (    ) and my wife guardian of my

pg. 3

children. I wish my said executor to advise with my family and my father in the management of the farm and I hereby give him full power and execution to do as he may think best for the benefit of my family in the use and management of my fathers farm by and within the consent of my father.

I wish also the said Peter (    ) to advise with my wife in reference to the education of my children and as I wish to have them brought up to industrious habits. my desire is that they be kept usefully employed on the farm or be taught some useful trade.

In Witness Whereof I have hereunto set my hand and seal the Eleventh day of September One thousand eight hundred and fifty eight.
                                        William G. Hilts  (SS)

(    ) denotes questionable or illegible

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