MONTGOMERY COUNTIES
WILLS & DEEDS BULLETIN BOARD, Part 4

Probate of the Will of Samuel Hills

The people of the State of New York by the Grace of God free and Independent: To all whom these presents shall come or may concern, send Greeting: Know ye that at Johnstown in the County of Montgomery before James Lansing Esq. Surrogate of our said County the Last Will and Testament of Samuel Hills deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by us, and the said deceased having whilst he lived and at the time of his Death Goods- Chattels or Credits within this State by means whereof the proving and registering the said Will and the granting Administration of all and singular the said Goods, Chattels and Credits, and also the auditing allowing and final dischargeing the Accounts thereof doth belong unto us: the Administration of all and singular the Goods Chattels and Credits of the said deceased and any way concerning his Will is granted unto Adino Hills and Nathaniel Hills, Executors in the said Will named, they being first duly sworn and faithfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the said Goods Chattels and Credits and also to render a just and true Account thereof when thereunto required. In testimony whereof we have caused the Seal of Office of our said Surrogate to be hereunto affixed. Witness James Lansing Esquire Surrogate of the said County at Johnstown the first day of March in the year of our Lord one thousand eight hundred and three and of our independence the twenty seventh.
Signed James Lansing

In the Name of God amen I Samuel Hills of the Town of Canajoharie of the State of New York Farmer being in perfect health Mind and memory thanks be given unto God calling to Mind the Mortality of my Body and knowing that it is appointed for all Men once to die do make and ordain this my Last Will and Testament that is to say principally and first of all I give and recommend my Soul unto the Hand of Almighty God that gave it and my body I recommend to the Earth to be buried in decent Christain burial at the discretion of my Executors nothing doubting but at the general resurrection I shall reserve the same again by the mighty power of God and as touching such Worldly Estate wherewith it has pleased God to bless me in this Life I give devise and dispose of the same in the following Manner and form--

First I give and bequeath to Thankful my beloved Wife all my household firnature, two cows, six sheep, the priviledge of the Southwest Room, Kitchen, Buttery and Saller, the improvements of all the lot West of the House, with a priviledge in the Barn during her widdowhood. Also I give my two sons Adoni Hills and Nathaniel Hills all my lands, tenements, moveables and appurtances to be by them eaqually divided they paying and discharging all my lawful debts.

Also I give to my daughter Lidia a priviledge with her Mother for her Substence so long as she shall remain unmarried.

Also I give to my Sons & Daughters Samuel Hills Gui Hills Sarah Hills Roxanna Hills and Lyda Hills one hundred pounds lawful money of the State of New York to be paid in neat Stock in the manner following, that is to say, Adoni Hills and Nathaniel Hills shall pay to the above named Sons and Daughters within one Year after the decease of theare honnored Father five pounds each in Stock and yearly five pounds each until they have received twenty pounds each, which is the one hundred pounds intended.

Also I constitute to make and ordain Adoni Hills Nathaniel Hills and Abijah White to be Executors of this my Last Will and Testament and I do hereby utterly disallow and disannul all and every other former Testaments, Wills Legacies, Bequests and Executions by me in anywise before mentioned willed and bequeated, ratifying and conforming this and no other to be my Last Will and Testament. In witness whereof I have hereunto set my hand and seal this twenty ninth day of June in the year of our Lord one thousand seven hundred and ninety eight.

Signed and sealed Samuel Hills. Witness Abijah White and Hannah White

(Notes - Sources is Record of Wills of Montgomery County New York 1787-1922 FHL #0506564 page 225-227. This Samuel Hills is # 188 in THE HILLS FAMILY IN AMERICA 1906. He was born 28 July 1729 in Duxbury Mass the fifth child of Samuel Hills and Hannah Turner Hills. He married 1. Sarah Lillie and 2. Thankful Rowley both marriages show in Connecticut Marriages Before 1800. He shows in DAR records as having served with Colonel Butler's Connecticut Short Term Levies in 1781 and as having died Feb 28, 1803. According to family records, he is my 6xggrandfather. Would appreciate any information on him. The will is submitted complete with the original misspellings including his children's names. It is believed that Samuel sold his Colchester Conn properties about 1784 relocating to Canajoharie where he shows in the 1790 census but not the 1800.)

Last Will and Testament of Abraham Alter

Know all men by these presents that I, Abraham Alter of the town of Minden County of Montgomery [New York is written then scratched through] State of New York. Being of Sound disposing mind and memory do make and publish this my last Will & Testament.

1st I give and bequeath to my beloved Wife Caty Ann Alter my house & lot upon which I now reside and all my personal estate of whatever name and nature so long as she shall live. That is I give her the use of all my estate real and personal so long as she shall live and after her decease and all funeral expenses paid I give the same whatsoever then may be left to Lydia Ann Vandusen my daughter & to my son William Ezra Alter to be equally divided between them share & share alike. I desire & direct that my wife Caty Ann shall have full control of my estate of whatever name & nature during her life time to use the principal as well as interest for her support (if it shall be necessary) and after her death and funeral expenses paid what is left to e equally divided between my daughter Lydia Ann & my son William Ezra as above mentioned.

I ordain and appoint my sons Abraham Wesley Alter and Jacob Alter Executors of this my last Will & Testament.

In testimony whereof I have hereunto set my hand and seal & publish and declare this to be my last Will & Testament in the presence of the witnesses named below this 7th day of June 1877
Abraham Alter, x his mark (a red disk of sealing wax with a diamond hatch pattern is beside the name and mark)

The above instrument was now hereby subscribed by Abraham Alter the testator in the presence of each of us & was at the same time declared by him to be his last will & testament and we at his request in his presence sign our names thereto as attending
Witnesses
J. M. Norton residing in [what appears to be Buel, Monty] County
G. W. Hammond residing in [what appears to be Buel, Monty] County

(Note: this is a handwritten will found in the papers of Robert Eldon Van Deusen, great grandson of Abraham Alter through his daughter Lydia and her husband Walters son Robert John Van Deusens marriage to Nettie May Groff. I do not know if it was ever probated or if this was the last will he wrote, as Jerome Walrath shows him as being listed in the 1892 census, living in Minden Township, Montgomery County, with Katie Ann Alter and Nancy E. Handy, on Jeromes website, Walraths in the 1892 Census, Montgomery County (census/canwalcen92.html). I have not yet verified the census information.---Karen T. Dutton, 7/18/2001)

Last will and testaments of Leander and Nancy E. Handy

    I.     Leander Handy

In the name of God, amen, I, Leander Handy of the town of Minden County of Montgomery and State of New York being of sound mind and memory, and considering the uncertainty of this life, do therefore make, ordain, publish and declare, this to be my last will and testament: That is to say, First, after all my lawful debts are paid and discharged, I give and bequeath to my beloved wife Nancy E. Handy all my estate both real and personal. Likewise I make, constitute and appoint my wife Nancy E Handy and Jacob Allter to be Executors of this my last will and testament, hereby revoking all former wills by me made.

In Witness Whereof, I have hereunto subscribed my name, and affixed my seal, the seventeenth day of February, in the year of our Lord one thousand eight hundred and eighty three.

Signed Leander Handy

Witnesses John J Hufnail and Reuben Alter.

The Above instrument, consisting of one sheet, was at the date thereof subscribed by Leander Handy the testator named in the foregoing will, in the presence of us and each of us, and at the time of making such subscription the above instrument was declared by the said testator to be his last will and testament, and each of us, at the request of said testator and in his presence, and in the presence of each other, signed our names as witnesses thereto, at the end of the will.

Signed John J. Hufnail residing at Hessville        Reuben Alter residing at Hessville

Recorded May 2, 1884 at 1 pm in book 109 of Deeds at page 521. Montgomery County. Also noted filed in Montgomery Co Clerk's office May 2 1884, 1 pm (these two are stamped on and filled in). Recorded April 30th 1882 in Montgomery Surrogate's office in Book of wills no. 17 at page 25.(date admitted to probate at Fonda)

Hand written on outside is Mrs. Nancy E. Handy, Fort Plain, NY

    II.    Nancy E. Handy

In the name of God, amen: I , Nancy E. Handy of the town of Minden Montgomery County and State of New York, being of sound mind and memory, and considering the uncertainty of this life, do therefore make, ordain, publish and declare this to be my last will and testament, that is to say:

First, after all my lawful debts are paid and discharged, I give, devise and bequeath all my estate and property, real and personal, of every name and kind whatsoever, and wherever situate, of which I shall die seized and possessed, unto my beloved sister Lydia A. Van Deusen, and to her heirs, or assigns, to have and to hold the same in absolute forever.

Likewise, I make, constitute and appoint my nephew, Rev. Robert J. Van Deusen, to be executor sole of this my last will and testament, hereby revoking all former wills by me made.

In witness whereof, I have hereunto subscribed my name and affixed my seal, the ninth day of October in the year one thousand nine hundred and twelve (1912).
Nancy E. Handy

The above instrument, consisting of one sheet, was, at the date thereof, subscribed by Nancy E. handy the testatrix named in the foregoing will, in the presence of us and each of us, and at the time of making such subscription the above instrument was declared by the said testatrix to be her last will and testament, and each of us, at the request of said testatrix and in her presence, and in the presence of each other, sign our name as witness thereto, at the end of the will
Leonard G. Walrath residing at St. Johnsville NY
Martin Walrath residing at St. Johnsville, NY

(Note: this copy of the will has not been probated, so I do not know if it is her final will. It was found in papers of Robert Eldon Van Deusen, son of Robert J. Van Deusen, after Robert Eldon's death. - Karen T. Dutton)

Last Will and Testament of Robert John Van Deusen (Van Dusen)

I, Robert J Van Dusen of the City of Oneonta in the County of Otsego and State of New York 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 direct the payment of all my just debts and funeral expenses.

Second. All the rest, residue and remainder of my estate, real, personal and mixed, wheresoever situate, of which I may die seized or possessed, or to which I may be entitled at the time of my decease, I give, devise and bequeath to my wife Lana Cress Van Dusen, my daughters, Ruth L Van Dusen, Leila R. Van Dusen, Leah R. Van Dusen, my sons, Robert E. Van Dusen, Clayton G. Van Dusen and Dayton G. Van Dusen, to be equally divided between them, each to share and share alike.

Third. It is my whish that my executors hereinafter named should not be required to give any bond or other security for the faithful performance of their duties and it is my will should my lot befall me that I should die seized or possessed of any real estate, then, and in that event, I authorize and empower my executors to sell and dispose of the same, at public or private sale and to execute, acknowledge and deliver all paper writings, deeds of conveyance and transfers therefore.

Lastly, I hereby appoint my daughter, Ruth L Van Dusen and my son, Robert E. Van Dusen, the executors of this, my last will and testament, hereby revoking all former wills by me made.

In witness whereof, I have hereunto subscribed my name the twenty eighth day of August in the year nineteen hundred and thirty.

Signed Robert J. Van Deusen

We, whose names are hereto subscribed, do certify, that on the twenty eighth day of August 1930, Robert J Van Dusen the testator above named, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be his last wil and testament, and requested us, and each of us, to sign our names thereto as witnesses to the execution thereof, which we hereby do in the presence of the testator and of each other, on the day of the date of the said will, and write opposite our names our respective places of residence.

Signed Marian A. Eldred residing at Oneonta, New York        George L. Gibbs, residing at Oneonta, New York

(Note: this was a blank will form that had the specific information typed in. The name was typed as Van Dusen consistently, but signed Van Deusen, and all of his children used Van Deusen consistently. Do not know if this is the last will, or if it was ever probated, as he died in 1946 in Center Brunswick, New York. Lana Cress was his second wife, married Oct. 1929, by whom he had no children. All of his children are by his marriage to Nettie May Groff, of Crum Creek, New York, on August 20, 1902. She died May 27, 1914, one week after giving birth to the twins, Clayton and Dayton. The will was found in the papers of his son, Robert Eldon Van Deusen, after Robert Eldons death. - Karen T. Dutton)

Last will and testament of Mary E. Van Deusen

I, Mary E. Van Deusen of the City of Troy, in the County of Rensselaer and State of New York, being of sound mind and memory, do hereby make, publish and declare this instrument to be my Last Will and Testament: that is to say:

First I give, and devise [and bequeath is written but scratched through] to my beloved husband John P. Van Deusen, his heirs and assigns, all the real-estate which I now own, situate in Fort Plain in the County of Montgomery and State of New York, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertainingTo have and to hold the premises above described to the said John P. Van Deusen, his heirs and assigns forever.

Second I give and devise all the real estate which I now own and possess, situate on what is known as "Sunnyside,"in the City of Troy, County of Rensselaer and State of New York, to my said husband, John P. Van Deusen, to be used and enjoyed by him during the term of his natural life, or so long as he shall remain unmarried, and from and immediately after his decease or from and immediately after the marriage of my said husband, if he shall marry after my decease, then I authorize and empower, order and direct my executor hereinafter named, Samuel C. Hulbert, to sell and disposed of said property and real-estate, to executed a good and valid deed and conveyance of said property and real-estate to the purchaser or purchasers thereof, and to distribute the proceeds of said sale of said real-estate, as follows, to wit:
Fifteen Hundred Dollars thereof of the proceeds of said sale I order and direct my said executor, Samuel C. Hulbert, to pay over to his wife Martha E. Hulbert, of Valatie, Columbia County, New York, and I hereby give and bequeath the said sum of Fifteen Hundred Dollars to the said Martha E. Hulbert, absolutely. Five Hundred Dollars thereof of the proceeds of said sale, I order and direct my said executor, Samuel C. Hulbert, to pay over to his son Marshall E. Hulbert of Valatie, Columbia County, New York, and I hereby give and bequeath the said sum of Five Hundred Dollars to the said Marshall E. Hulbert. The rest, residue and remainder there of, of the proceeds of said sale, I orfer and direct my said executor, Samuel C. Hulbert to pay over to his wife Martha E. Hulbert of Valatie, Columbia County, New York, and I hereby give and bequeath the same, that is to say, the rest, residue and remainder of said proceeds to the said Martha E. HulbertIn trust nevertheless, to deposit the same at interest in some savings Bank or invest the same in first class interest bearing securities and use and expend the income thereof in the care of the grave and lot in which I may be buried, in the Valatie Cemetery, in Valatie, Columbia County, New York.
Third In case my said husband, John P. Van Deusen, he remaining unmarried, shall prefer to have my said property on Sunnyside sold, and use and enjoy the income of the proceeds of said sale and it shall seem best to my executor do to do, then it is my will and I order and direct my said executor to sell and dispose of said property, and to invest the proceeds of said sale in first class interest bearing securities, and pay over the income and interest thereon to my said husband annually during the term of his natural life, or so long as he shall remain unmarried, and from and immediately after his death, or from and immediately after his marriage, if he shall marry after my decease, I order and direct that the proceeds of said sale so invested as aforesaid, be distributed in the manner and in the proportions particularly specified and set forth above in paragraph second of this my Last Will and Testament.
Fourth and lastly, I hereby nominate constitute and appoint, Samuel C. Hulbert of Valtie, Columbia County, New York, sole executor of this my Last Will and Testament, hereby revoking all former Wills by me made.

In witness whereof, I have hereunto subscribed my name this 17th day of February, in the year one thousand eight hundred and ninety.

Mary E. Van Deusen

The foregoing instrument was, at the date thereof, signed published, and declared by the said testatrix, Mary E. Van Deusen, as and for her Last Will and Testament, in the presence of us, who at her request and in her presenced and in the presence of each other, have subscribed our names hereto as attesting witnesses.

T. S. Fagan, residing at Troy, NY
Albert E. Palmer, residing at Troy, NY

(Note: the above will was entirely typewritten, including all signatures. Attached is the deposition of witnesses and probate decrees)

Samuel Hulbert appeared in Surrogates Court 22 April 1892 in Troy, Rensselaer County, NY and will was entered into probate 28 April 1892. Recorded on the 5th of June 1893 at 8:30 oclock am in book 128 of deeds, at page 314.