HERKIMER COUNTY
WILLS & DEEDS BULLETIN BOARD, Part 3

Be it remembered that heretofore to wit on the 29th day of December A.D. 1856 James H. Fox one of the executors named in the last will and testament of James Fox late of the town of Columbia in the county of Herkimer appeared in open court beforethe surrogate of the said county & made application to have the said last will which relates to personal estate proved, and on such application the surrogate did ascustion by satisfactory evidence who were the heirs and next of kin of the said testator & their respective residences, and said surrogate did thereupon issue a citation in due form of law directed to the said heirs & next of kin by their respective name, stating their respective places of residence requiring them to appear before said surrogate at his office in the Village of Herkimer on the 30th day of January 1857, then next to attend the probate of the his will. And on the said 30th day of January satisfactory evidence by affidavit was proven and presented to said surrogate & the service of said citation in the mode prescribe by law and no one appearing to oppose the probate of said will such proceeding were thereupon had that the surrogate took the proof of the said will hereinafter set forth & he adjudged the said will to be a valid will of the real and personal estate & the proofs thereof to be sufficient which said last will & testament are as follows that is to say:--

WILL

I, James Fox of the town of Columbia in the County of Herkimer & state of New York being of sound mind & memory for the purpose of disposing of the residue of my property and estate not heretofore given to my children do make, publish & declare this my last will and testament in manner following that is to say.

First I order & direct that out of my estate all my debts which I may owe & my funeral expenses be paid & decent tombstone be erected at my grave as soon after my decease as the same may properly & practically be done.

SECOND I hereby give & bequeath to my beloved wife, DOLLY, in case she survives me the sum of twenty-five dollars yearly and every year during her life to be paid to her out of the dividends or income of my stock in the Mohawk Valley Bank but in case it should so happen that sufficient dividends & income from said bank stocks should not arise then the said annual sum of twenty-five dollars is to be paid to her yearly out of my other property or estate provided however that the said sum of twenty-five dollars is to be to her instead of the sum of one hundred & fifty dollars which by statute she might have set off to her during life. I designing & intending that she should take the annual sum of twenty-five dollars instead of the one hundred & fifty dollars provided by statute. I also give to my said wife all my silverware, all her clothing, one bedstead, bed and bedding as her own & I order and direct that out of my estate a decent tombstone be erected at her grave as soon after her decease as the same may be practically done.

THIRD The five hundred dollars of the capital stock of the Mohawk Valley Bank which I hold I dispose of as follows - Fifty dollars thereof I give to my son, JEREMIAH FOX Fifty dollars hereof to my daughter, MARY CATHERINE FOX & four hundred dollars then to my son, JACOB WILLIAM FOX, but the said bank stock shall during the lifetime of my said wife in case she survives me be subject to the payment to her out of the dividends or income thereof the annual sum of twenty-five dollars as hereinbefore provided if so much shall be realized from the said dividends or income.

FOURTH I give also to my said daughter CATHERINE FOX one high bed post bed stead with curtains & all the beds & bedding belonging thereto.

FIFTH I give also to my said son JACOB WILLIAM FOX my writing desk & book case, all my books, carpenter's tools, tool chest, & one french bedstead & bedding belonging thereto.

SIXTH All the rest & residue of my estate I give to all my children to be divided between them equally hoping & hereby requesting them that they will amicably and without any expense carry into effect this my last will and testament.

LASTLY I hereby appoint my three sons JAMES H FOX, MATTHEW H FOX, & JACOB WILLIAM FOX my executors of this my last will & testament hereby revoking all other wills by me made.

In witness whereof I have hereunto set my hand & seal this fifteenth day of December 1853.

/S/ James Fox

Note: I didn't include the addenda re surrogates finding. I tried to send what info. might be used by genealogists.