Will of Henry N. House
Montgomery County & Fulton County, New York
Contributed by John Mainprize
"Attached is the will of my Montgomery County ancestor, Henry N. House (from 1866, written 1854 ), that I transcribed from the will sent to me by W. David Samuelson."
Be it remembered that heretofore so wrote(?) on the 2nd day of April 1866 Henry N. House one of the Executor named in the last Will and Testament of Henry House late of the Town of Oppenheim, in the County of Fulton, deceased appeared in the Surrogate Court of Fulton County and made application to have the said last Will and Testament, admitted to Probate and thereupon, and afterward to wit: on the 7th day of May 1866, such preceding were had in the premises that the County Judge of the County of Fulton acting as Surrogate took the proofs of said Will hereinafter set forth, on the 7th day of May 1866 and he adjudged the said will to be a valid Will, and the proofs there of to be sufficient which said last Will and Testament, and proofs are as following (?):
I Henry House of the Town of Oppenheim, Co. of Fulton, N.Y. do make & publish this instrument in writing as my last Will and Testament as follows (?):
I hereby order and declare that my son Henry Nelson House is to pay all my just debts, funeral expenses & for a Tomb-Stone at my grave & the legacies herein bequeathed out of the Real and personal estate hereby divided (?) and bequeathed to heirs. I hereby give and devise in fee simple to my said son Henry, the farm of land whereon I reside in said town containing about fifty acres. I also give and devise in fee simple to said Henry, about 20 acres of land out of the glen farm (?) in said town, bounded Southerly by the Highway, westerly by lands of Charles Hufferman(?), northerly by lands of said Henry, & Easterly by lands possessed by John J. House. I also give and devise in fee simple to my said son Henry, about five acres of land (being a wood lot) in said town, bounded westerly by a Highway, northerly by lands of Benjamin Cluie(?), easterly by lands of John J. House, being a three cornered(?) lot of land. I also give and bequeath all my personal estate left at my ________ that I may _____ _____ to my said son Henry forever. The said real and personal estate hereby given and devised to said Henry to be subject to such provisions, restrictions and conditions hereafter imposed made and given by me to my daughter, Eliza.
I hereby give and bequeath to my son John Peter House forever One hundred dollars to be paid by said Henry, if not paid by him or by me before my decease. I hereby give and bequeath to my said daughter, Eliza the sum of One hundred dollars (without interest) if she does marry & when married to be paid for by said Henry. But so long as she remains single and unmarried my said daughter is to have to her own use the west room of my dwelling house to be kept in repair and comfortable by said Henry, who is to furnish good fire-wood at the house, of convenient size and length for the stove now in said room which stove and its appurtances she is to have the use of while leading a single life and while thus unmarried and leading a single life may use also in common with said Henry and part of the rest of my said dwelling house and out buildings, with the privileges to go and return, from time to time ___ over and return from any part of my said land hereinbefore de____ to said Henry and obtain and get for her use what fruit vegtables or other eatables she may desire from time to time, and she is if she does not marry and leads a single life to be supported and maintained in food and eatibles, meat & drink during said times & taken care of when sick or aged by said Henry for some? time? At said dwelling house, or when unable for any cause to maintain and take care of himself during said times she is to be supported and maintained in a proper manner, in all respects by said Henry, at said dwelling house, my said daughter _____ a cow? and my said son Henry is to furnish her with another good milck cow if she marries and if my said daughter does not marry and leads a single life said Henry is to pay her annually the sum of ten dollars with out interest thereon before and after dues. I also give to my said daughter Eliza the use of my deceased wife's clothing and my beds and bedding at my decease during her lifetime if she does not marry and if she marries to belong to her forever - ____ "Estate" ________ where it occurs.
I hereby nominate and appoint my son Henry Nelson House, and my brother-in-law, Leonard Moser, to be the Executors of this my last Will and Testament hereby revoking all former Wills by me made.
In witness whereof I have hereto set my hand and seal this eighth day of July, 1854.
(signed) Henry House [L.S.] ?
The words "at said dwelling house" understand is two different places where they occur before execution hereof.
Signed sealed published and declared by the testator to be his last Will and Testament in the presence of us who in his presence and in the presence of each other and at his request have inscribed our names hereunto as witnesses, with our places of residence.
(Signed) John Nellis, St. Johnsville, Mont. Co. N.Y.
(signed) Peter F. Nellis ditto ditto
Surrogate Court - Fulton County; In the matter of proving the last Will and Testament of Henry House, deceased, Fulton County __: Leonard Moser of the Town of Oppenheim in said County, having duly sworn doth depose and say that he was well acquainted with John Nellis, late of of St. Johnsville, Mongomery County, deceased and with the handwriting having frequently seen him write and he verily believes the signature "John Nellis" St. Johnsville, Mont. Co N.Y. at the end of the testation clause on the instrument in writing now produced and shown