1866 Will of Aaron Leonardson
Town of Root
Montgomery County, New York
Contributed by Mimi Malcolm
Will and Probate of Aaron Leonardson (18 Feb 1796- 31 Jul 1868)
Be it remembered that here to fore, to wit, on the twenty second day of September 1868 John D. Lonardson [sic] the Executor named in the last Will and Testament of Aaron Lonardson [sic] late of the town of Root in the County of Montgomery deceased, appeared in the open Court before James H. Cook, County Judge of the county of Montgomery, acting as Surrogate and made application to have the said last Will and Testament which relates to both real and personal Estate proved and on such application the said County Judge did ascertain by satisfactory Evidence who were the widow, heirs and next of kin of the said Testator and their respective residences. And the said county Judge did thereupon issue a citation in due form directed to the said Widow, heirs and next of Kin by their respective name, stating their respective places of residence, requiring them to appear. Said County Judge at his office in the village of Canajoharie in the County of Montgomery on the third day of October 1868 to attend the probate of the said Will and afterwards on the said third day of October 1868. Satisfactory Evidence by affidavit was produced and presented to the said County Judge of the service of the said Citation in the mode prescribed by law. And on that day such proceeding were thereupon[?] had afterwards that the said County Judge took the proofs of said Will hereinafter set forth upon the dec'd third day of October 1868. And he assuaged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient which said last Will and Testament, and proofs are as follows that is to say the Will of Aaron Leonardson Deceased.
In the name of God, Amen, I Aaron Leonardson of the town of Root in the County of Montgomery and State of New York of the age of seventy years and upwards and being of sound mind and memory do make publish and declare this my last Will and Testament in manner following. That is to say, First I give to my beloved Wife Laney the full use, occupation, and entire control of all my real and personal Estate, to have and to hold, for her comfortable support and Maintenance for and during her natural life should She survive me. Secondly, I give and devise to my son Daniel D. Leonardson the homestead farm upon which I now reside situated in Root aforesaid and bounded as follows. North by lands of Henry Lycker, East by lands of Jacob H. Deifendorf, South by lands of John I. [or J.] Barttlett & West by the public highway leading from Carlisle to Canajoharie containing one hundred and Eight acres of land more or less together with all the hereditaments and appurtenances there with belonging or in any will appertaining to have and to hold the premises above described, to the said Daniel D. Leonardson his heirs and assigns forever subject only to the use and occupation of my wife aforesaid and to the payment of the legacies hereinafter devised. And bequeathed Thirdly, I give, devise and bequeath to my daughter Eliza, Wife of William H. Ostram, one hundred dollars to be paid her in one year after my decease or in one year after the death of my wife, should she survive me, by my son Daniel D. Leonardson aforesaid.
Fourthly, I give to my daughter Catherine one hundred dollars to be paid as aforesaid. I further order and devise that should my said daughter Catherine remain single and unmarried that so long she shall have a home and support and Maintenance to be furnished her by my aforesaid son Daniel D. out of the property devised to him. Should she marry I give her in addition to the aforesaid hundred dollars, fifty dollars to be paid her by said son Daniel. Fifthly, I give, devise and bequeath to Gertrude, wife of John F. Chistmand, one hundred dollars to be paid to her in one year after my decease or the decease of my Wife as aforesaid.
Sixthly, I give, devise and bequeath to my Wife Laney, my household furniture to be by her disposed of as She may see fit, should She survive me. Seventhly, all the rest and residue of my personal and or real Estate of what nature so ever I give, devise and bequeath to my said son Daniel Subject only to the use of my wife aforesaid hereby constituting and appointing my said son Daniel sole Executor of this my last Will and Testament hereby revoking all former Wills by me made.
In witness whereof I have hereunto set my hand and seal this twenty fifth day of April in the Year one thousand Eight hundred and sixty six.
Aron [sic] Leonardson (LS)
The above instrument consisting of one sheet was at the date hereof signed sealed and published and declared by the said Aaron Leonardson as an for his last Will and Testament in his presence and in the presence of Each other have subscribed our names as witnesses thereto.
Fr. P. Moulton Root, N.Y.
Minnie Moulton Root, N.Y.
State of New York
Montgomery County Surrogates CourtIn the matter of proving the Will of Aaron Leonardson Deceased, Montgomery County, I, F. P. Moulton of the town of Root in the County of Montgomery and Minnie Moulton of the town Root in the county of Montgomery being duly sworn and named in open court before James H. Cook, County Judge of said County as surrogate do depose and say and each for himself deposeth and saith that he was acquainted with Aaron Leonardson in his life time and was present and saw the said Aaron Leonardson Subscribe his name at the end of the instrument in writing now produced and shown bearing date the 25 day of April, 1866 that the said Aaron Leonardson at the time he so subscribed it declared the said instrument to be his last Will and Testament and requested these deponents to subscribe their names as witnesses to the Execution thereof. Thereupon these deponents subscribed their names as witnesses at the end of said instrument in the presence of the said Aaron Leonardson and of each other. That the said Aaron Leonardson at the time he so expected the said instrument was a citizen of the United State, an inhabitant of the County of Montgomery of full age of sound and disposing mind and memory and in all aspects competent to devise real Estate and not under any restraint or in any aspects incompetent to devise real Estate.
Taken Subscribed and sworn to this F. P. Moulton
3 day of October 1868 before me Minnie Moulton
James H. Cook, County Judge
I James H. Cook County Judge of the County of Montgomery acting as Surrogate do hereby certify that the foregoing are true copies of the Will, probate and proofs thereof of Aaron Leonardson Deceased.
Registered October 3, 1868
Signed James H. Cook, County Judge