1886 Will of Hezekiah Lenardson
Town of Ballston
Saratoga County, New York
Contributed by Mimi Malcolm
Contributor Mimi Malcolm is the 3rd great grand-niece of Hezekiah Lenardson.
Last Will and Testament (1886) and Probate Records (1891) for Hezekiah Lenardson:
20 Oct 1818 - 02 Sep 1890.
The Last Will and Testament of Hezekiah Lenardson, late of the town of Ballston, in the County of Saratoga relating to both real and personal property, recorded on the 9th day of May, 1891.
At the Surrogates Court held in and for the County of Saratoga at the Surrogates office in the village of Saratoga Springs in the 9th day of May 1891.
Present: Elias H. Peters, Surrogate.
Be it remembered that at a Surrogate's Court held in and for the County of Saratoga, at the village of Saratoga Springs on the 7th day of October 1890, John H. Carr, of Morganville, Genessee[?] County, N.Y. the person named as executor in a certain instrument is writing purporting to be the last Will and Testament of Hezekiah Lenardson, deceased, appeared and presented said Will for probate, and at the same time made satisfactory proof that the said Hezekiah Lenardson died on or about the 2nd day of September 1890, being at that time an inhabitant of said County of Saratoga, and that he left him surviving Kate Ann Lenardson, Elias Lenardson, Hezekiah L. Yates and Vedder Yates who are all and the only heirs-at-law and next of kin of the said deceased. Whereupon a citation was issued to said heirs-at-law and was of heir[?] citing there to appear before our said Surrogate at his office in the village of Saratoga Springs on the 11th day of November 1890 at 10 o'clock am to attend the proof and probate of said Will: At which time and place the petitions the said John H. Carr again appeared and further proceeding were thereupon adjourned to the 23 day of December, 1890, at the same hours and place. At which last named time and place the said petitioner again appeared and filed a supplemental petition [cannot read word] that since the filing of the said original petition the said petitioner had discovered that John Lenardson, James H. Lenardson, Levi Lenardson, Hezekiah Lenardson, John Lenardson, Nancy Ford, Jennette Collins, Abram Lenardson, Oliver C. Lenardson, Ellsworth Lenardson, Alexander Lenardson, Esther Shattuck, Washington Lenardson and Mary Ann Potter none heir-at-law and new[?] of him of the said deceases. Whereupon a supplemental citation was issued to said heirs-at-law and next-of-kin citing them to appear before our said Surrogate at his office in the village of Ballston Spa, on the 4th day of February, 1891, at 10 o'clock am to attend the proof and probate of said Will: At which time and place the petitioner, the said Hohn H. Carr, again appeared and further proceedings were thereupon adjourned to April 1, 1891 at 10 am at the Surrogates office in the village of Ballston Spa, at which time and place the petitioner again appeared in person and by his attorney H. L. Grose, Esq. and returned said citation with proof of the due and legal service of the same upon all to whom directed: and the said Oliver C. Lenardson, Abram Lenardson and Alexander Lenardson appear by their counsel George W.[?] Maxon, Esq. who filed contesting allegations to the probate of said Will, and William W. Swert[sp?] appealed on behalf of Mary E. Rider, a legatee named in said Will and made application to have the said Mary E. Rider made a party to said proceedings, and the Matter of the Probate of said Will was adjourned to April 6 at the same time and place, and at the said time and place. The petition again appeared as before, and an order was duly granted allowing the intervention of the said Mary E. Rider and the said petitioner there upon produced said Will, and made application to have the acquitted to probate whereupon issue was formed and testimony was taken and further proceedings on the probate of said Will were had and adjourned from time to time until the 23 day of April, 1891, at which time the testimony was closed. All of which testimony constitutes the proof taken on the probate of said Will an is on file in our Surrogate Offices. Ater examining the testimony taken, and upon due deliberation, the said Surrogate, filed his decision-conclusion of law and findings of fact, and in accordance therewith on this 9th day of May, 1891, the following decree was entered.
At the Surrogate Court, held in and for the county of Saratoga at the Surrogates Office in the village of Saratoga Springs on the 9th day of May, 1890.
Present: Hon. Elias H. Peters, Surrogate
In the Matter of the Probate of the Last Will and Testament of Hezekiah Lenardson, Deceased
Satisfactory proof having been made of the due service of the citation heretofore issued in the matter requiring the proper parties to be and appear before the Surrogate of the County of Saratoga on the 1st day of April, 1891, to attend the probate of the Last Will and Testament of Hezekiah Lenardson, late of the town of Ballston, in the County of Saratoga, deceased, bearing date the 20th day of December 1886, and John H. Carr, the executor named in said Will, the petitioner Having appeared by H.L. Grove, his attorney, in support of the proof of the same, and Oliver C. Lenardson, Abram P. Lenardson and Alexander H. (may be K.) Lenardson, heirs - at law and next of kin of the said deceased, having appeared
by George H. Mayor (or Mayon?) their attorney, and Oliver C. Lenardson in person and filed and answer in opposition thereto, and Mary E. Ryder, a legator and beneficiary under said Will, having appeared in person and by her attorneys James W. Viebeck and W. W. Sweet [?] in purevance [purveyance?]of an order of this court permitting her to interview and appear [Herein?] and no other parties or persons having appeared herein, and said Will having been contested.
And witnesses having been examined and proofs taken, and the said Surrogate having heard the proofs and allegations of the parties, and mature deliberation being had thereon, and the Said Surrogate having reversed his decision in writing and filed the same handwriting said Will to probate as a Will relating to both real and personal estate, and the matter having been adjourned to this day:
And on motion of H. L. Grove, attorney for proponent, and W. W. Sweet and James W. Verbeck, attorney for Mary E. Ryder, interviewer, it is Adjudged and Decreed: that the said instrument in writing, purporting to be the last Will and Testament of the said Hezekiah Lenardson, deceased, was properly executed and is in all respects genuine and valid that the said Hezekiah Lenardson, at the time of the execution to make and execute the same and was not under restraint or under influence.
And that the said instrument be and the same hereby is admitted to probate and established as a Will of real and personal estate.
And it is further ordered that Letter Testamentary of said Will be and they are hereby granted to said John H. Carr, upon his taking the required oath.
And it is further ordered that there be allowed to Mary E. Ryder, interviewer, the sum of $149.24 and to John H. Carr the executor, the sum of $180, as their costs and disbursements in this proceeding, to be paid out of the estate of said deceased.
[Signed] E. H. Peters, Surrogate
And the said Will is in the words and figures following to wit:
"I, Hezekiah Lenardson, of the Town of Burnt Hills, in the County of Saratoga, and State of New York, make publish and declare, This my last Will and Testament, in manner following that is to say,
I give and bequeath the sum of Five Hundred Dollars to Starkey Seminary as endowment fund to be used by said institute as provided by their charter and laws.
I give and bequeath the sum of Two Hundred Dollars to the "Missionary Department" of the "New York State Christian Association" to be used by said association as provided by their charter and laws.
I give and bequeath the sum of Two Hundred Dollars to the "American Christian Church Exturion [?] Society" to be used by said society as provided by their charter and laws.
I give and bequeath the sum of One Hundred Dollars to my nephew - Hezekiah L. Yates to be used for his own benefit.
I give and bequeath the sum of Two Hundred Dollars to my brother Elias Lenardson for his own use and benefit as part compensation for loss sustained by a mutual friend of ours many years ago.
I give and bequeath the sum of One Hundred Dollars to my nephew Vedder Yates for his own use and benefit.
I give and bequeath the sum of one hundred dollars to the "Christian Bible Institute" located at Stanfordville, Dutchess County, to be used by said institute as provided by their charter and laws.
The several legacies above mentioned are not to be paid until the decease or remarriage of my wife Catharine Ann Lenardson.
I give, devise and bequeath all the rest; residual and remainder of my estate not herein before effectually disposed of to my said wife Catharine Ann Lenardson, as her own property, including the rights and profits from my house in Starkey, Yates County, New York, during her life time in lieu of dower for her support and Maintenance. And I hereby appoint John H. Carr sole executor of my estate, to overview, care for and ruit [?]: paying the same or balance, to my wife, Catharine Ann Lenardson, after taxes, insurance and necessary expenses to keep up the property in a good condition. And after her decease or remarriage I authorize my executor to sell the property and pay the several legacies above mentioned. And the balance (if any) to be paid Mary E. Ryder of Burnt Hills, New York.
In Witness Whereof, I have hereunto set my hand and seal this 20th day of December, 1886.
[Signed] H. Lenardson
The foregoing instrument at the date thereof was signed, sealed, published and declared by the above named testator as and for his Last Will and Testament in "our" presence, and we at the same time, at his request and in his presence have hereunto subscribed out names as witnessed.
C. A. Saunders, Burnt Hills, N. Y.
Gustaf Hallivan, Burnt Hills, N. Y.
Saratoga County, S. S.
_______________________ I John P. Mc Calo, Clerk, of the Surrogate Court of Saratoga, do hereby certify the foregoing to be a true record of the last Will and Testament of Hezekiah Lenardson, late of the town of Ballston, in the County of Saratoga: deceased relating to both real and personal estate, together with the proof thereof. Recorded on the 9th day of May 1891.
[Signed] J. P. Mc Calo
Clerk Surrogate Court
Source: Montgomery County, New York Will Testators
Name of Testator: Place of Residence: County #, Vol #, Page #
LENARDSON, HEZEKIAH BALLSTON 46-32-473