HERKIMER COUNTIES
WILLS & DEEDS BULLETIN BOARD, Part 6


Our wills and deeds board has become a big success. The value of wills in straightening out family relationships, in the absence of official birth, marriage, and death records, can't be underestimated. To contribute your ancestor's deed, will or Letter of Administration to this valuable online resource, contact the site coordinators.




1863 Will & Biography of Nelson O. Wendell of Richfield NY
contributed by Charlott Wells Jones.




Another group of legal documents pertaining to the William Hilliard family in Little Falls
contributed by Barbara Hilliard

This Indenture made this twenty second day of June in the year one thousand eight hundred and eighty nine. Between H.A. DeCoster Referee in the action hereinafter mentioned of the first part and Hadley Jones party of the second part.

Whereas at a Special term of the Supreme Court of the state of New York held at chambers of George A. Hardin on the 26th day of February one thousand eight hundred and eighty nine it was among other things ordered adjudged and decreed by the said Court in a certain action then pending in the said Court between John Hillard, William Hillard, Thomas Hillard, and Ellen J Clowes plaintiffs against Benjamin Hillard, Abram Hillard, Lany Hillard, Mary Hillard, Julia Hillard and Mary Hillard defendants.

That all and singular the premises mentioned in the Complaint in said action and herein after described to be sold at Public Auction according to the Course and Practice of said Court by or under the direction of the said H.A. DeCoster who was appointed a Referee in said action. And to whom it was refereed by the said order and judgment of the said Court among other things to make such sale. That the said sale be made in the County where the said premises or the greater part thereof are situated. That the referee give public notice of the time and place of such sale According to law and the rules and practice of said Court, and that any of the parties in said action might become a purchaser or purchasers in such sale that the said Referee after said sale make report thereof to said Court, and after his report of sale shall have been duly Confirmed then that he execute to the purchaser or purchasers of the said premises or such part or parts thereof as should be sold a good and sufficient deed or deeds of conveyance for the same.

And whereas the said Referee in pursuance of the order and judgment of the said Court did on the twenty first day of May one thousand eight hundred and eighty nine sell at public Auction at the Girvawe House [sp?] in the village of Little Falls Herkimer County NY, offer for sale the premises in the said order and judgment mentioned due notice of the time and place of such sale being first given agreeably to the said order at which sale the premises herein after described were struck off to the said party of the second part for the sum of Eleven hundred and twenty dollars, that being the highest sum bidden for the same and the said Referrers report of said sale having been duly confirmed:

Now this Indenture Witnesseth that the said Referee the party of the first part to these presents in order to carry into effect the sale so made by him as aforesaid in pursuance of the order and judgment of said Court and in Conformity to the statute in such case made and provided and also in consideration of the premises and of the said sum of money so bidden as aforesaid being first duly paid by the said party of the second part the receipt thereof is hereby acknowledged hath bargained and sold and by these presents doth grant and convey to the said party of the second part. All the right title and interest of John Hillard, William Hillard, Thomas Hillard, Benjamin Hillard, Abram Hillard, Ellen J Clowes, Lany Hillard, Mary Hillard wife of Benjamin Hillard, Julia Hillard, and Mary Hillard and Estella Hillard of in and to All that tract of parcel of land situate in the village of Little Falls Herkimer County NY.

Known and described as follows. A part (two thirds) of the village lot No 35 bounded as follows: On the south by lands of the New York Central and Hudson River Railroad Company, on the west by lands now in possession of R. Lewis and family north by the turnpike now Known as Western Avenue, Also West Main Street in said village of Little Falls and easterly by a lot of land formerly owned by Mrs. Catherine Hillard deceased. The same premises were designated and set apart by William Hillard deceased and Catherine his wife July 5th 1870 and notice thereof duly recorded in the Clerks Office of Herkimer County making it their homestead under the Exemption Act in book Number 1, page 38.

To have and to hold All and singular the premises above mentioned and described and hereby conveyed or intended so to be unto the said party of the second part his heirs and assigns to their only proper use benefit and behoof forever. In Witness Whereof The said party of the first part Referee as aforesaid hath hereunto set his hand and seal the day and year first above written. H.A. DeCoster Sealed and delivered in the presence of the State of New York County of Herkimer : On this 22nd day of June in the year one thousand eight hundred and eighty-nine before me the subscriber personally came H.A. DeCoster to me known to be the person described in and who executed the within witnessed and he duly acknowledged that he executed the same.

Rollin H. Smith Herkimer County Judge

Recorded June 24th 1899 at 8 am

Recorded in Book 138, pages 135 - 137


This Indenture, Made the Eighteenth day of July in the year Nineteen hundred. Between John Hillard of the City of Little Falls Herkimer County State of New York, widower, and Fred Ostrander of the same place.

Witnesseth that the said party of the first part, in consideration of one dollar lawful money of the United States, paid by the said party of the second part, does hereby remise release and forever quit claim unto the said party of the second part, his heirs and assigns forever, the right title and interest of the party of the first part in and to All that Tract of Parcel of Land, situate in the City of Little Falls, County of Herkimer and State of New York, being the north half of Burial Lot No. 487, in the Little Falls Cemetery situated between church street and West Monroe street in said City. The said burial lot No. 487 was conveyed to the said party of the first part by deed from the village of Little Falls dated October 29, 1864 , and said deed is executed on behalf of said village by M.W. Priest President by direction of the Trustees. This conveyance is made subject to all the conditions contained in said conveyance from said village, and for cemetery purposes, and subject to the right of assessment expressed in such deed. The following is a true copy of said deed and of the whole thereof, viz: - Little Falls Cemetery Deed. Whereas John Hillard has produced to me Martin W. Priest, President of the Village of Little Falls, the Certificate of the Treasure of said Village, showing that he has paid Eighteen Dollars for the right of interment in Lot No. 487 in the Little Falls Cemetery. Now, therefore, pursuant to the chart and bye-Laws of said Village, the said Cemetery Lot No. 487 is hereby conveyed to said John Hillard and to his heirs and assigns for cemetery purposes for him and them subject to be assessed and to pay from time to time such assessments as shall be deemed necessary by the trustees of said Village: for the suitable maintenance of the Cemetery Grounds, its Walks, Fences, and the sidewalks of the streets adjacent and shade trees along the same in proper order and condition and to be re-sold under the Direction of said Trustees, in case such assessment shall not be duly paid, according to the regulations which are or may be prescribed by the said Trustees. Given this Twenty Ninth day of October 1864. By Direction of the Trustees. The Village of Little Falls M. W. Priest, President.

Together with the appurtenances and all the states and rights of the said party of the first part in and to said premises.

TO HAVE AND TO HOLD the above granted bargained and described premises unto the said party of the second part his heirs and assigns forever.

In Witness Whereof, the said party of the first part has hereunto set his hand and seal the day and year above written. In the presence of: John Hillard State of New York, County of Herkimer, City of Little Falls : ss. On this 18th day of July 1900 before me personally came John Hillard and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. R. H. Smith, Notary Public. Recorded Sept 13, 1900 at 4:40 pm.

Recorded in Book 171, page 196


THIS INDENTURE, Made the 15 day of May in the year nineteen hundred and six BETWEEN Mary Girvan Hilliard and William Hilliard her husband of Rochester, N.Y. of the first part, and Annie T. Ferguson & Laura S. Ferguson of Little Falls, N.Y. of the second part. WITNESSETH That the said parties of the first part, in consideration of One Dollar & other valuable consideration lawful money of the United States, paid by the party of the second part, do hereby grant and release unto the said parties of the second part, their heirs and assigns, forever, All those certain city lots in the city of Little Falls, New York, below the Gulf Bridge and known as lots thirty three, thirty four, thirty five, thirty six, and thirty seven; Bounded south by the Mohawk River North by the New York Central Rail Road, East by thirty two and west by lot number thirty eight, each being one hundred feet in width and extending from said Rail Road to said River, as laid down on a map made by Benj. Gilbert in 1841.

TOGETHER with the appurtenances and all the estate and rights of the part of the first part in and to said premises. TO HAVE AND TO HOLD, the above granted premises unto the said parties of the second part, their heirs and assigns forever. And the said parties of the first part do covenant with said parties of the second part as follows: First. - That the parties of the first part is seized of the said premises in fee simple, and has good right to convey the same. Second. - That the parties of the second part shall quietly enjoy the said premises. Third. - That the said premises are free from incumbrances. Fourth. - That the parties of the first part will execute or procure any further necessary assurance of the title to said premises.  Fifth. - That the parties of the first part will forever warrant the title to said premises. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. Mary Garvin Hilliard.    William Hillard.   In the Presence of James Cochrane, Notary Public. State of New York, County of Monroe. ss.

On this 15 day of May in the year one thousand Nine hundred and Six before me, the subscriber, personally came Mary Garvin Hilliard & William Hilliard (Husband & wife) to me known to be the person described in and who executed the within instrument, and acknowledged that he executed the same. James Cochran, Notary Public. State of New York, Monroe County Clerk's Office, Rochester, N.Y. ss

I, JAMES L. HOTCHKISS, Clerk of the County of Monroe of the County Court of said County, and of the Supreme Court, both being Courts of Record, having a common seal, DO CERTIFY, that James Cochrane Esq., was at the date of the certificate of proof or acknowledgment of the annexed instrument in writing, a Notary Public, in and for said County, duly authorized to take the same; that I am well acquainted with his handwriting, and verily believe that the signature to said certificate is genuine, and that the annexed instrument is executed and acknowledged according to the laws of the State. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Courts, this 15 day of May A.D., 1906. James L. Hotchkiss, Clerk.

Recorded May 31, 1906 at 8:30 A.M.

Recorded in Book 190.




The Last Wills and Testaments of Sarah A. Ellis and Inez M. Ellis of Warren
contributed by H. Geywits

WILLS OF SARAH A. ELLIS
And
INEZ M. ELLIS

I, Sarah A. Ellis of the Town of Warren in the County of Herkimer and the 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 that all my just debts and funeral expenses be paid.

Second:   I give and bequeath to my dear sister Inez M. Ellis all of my personal estate of every name and description to be hers forever.

Third:   I give, devise and bequeath to my said sister, Inez M. Ellis, all of my real estate that I may have and own at the time of my death to be hers forever.

Lastly, I hereby appoint, my said sister Inez M. Ellis, executrix and Sanford Tunnicliff 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 the Thirtieth day of March in the year of our Lord one thousand eight hundred and ninety nine.                     Sarah A. Ellis


I, Inez M. Ellis of the Town of Warren in the County of Herkimer 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 that all my just debts and funeral expenses be paid.

Second:   I give and bequeath to my dear sister Sarah A. Ellis all of my personal estate of every name and description to be hers forever.

Third   I give, devise and bequeath to my said sister, Sarah A. Ellis, all of my real estate that I may have and own at the time of my death to be hers forever.

Lastly, I hereby appoint my said sister Sarah A. Ellis executrix and Sanford Tunnicliff 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 the thirtieth day of March in the year of our Lord one thousand eight hundred and ninety nine.

                    Inez M. Ellis




Another group of legal documents pertaining to the William Hilliard family in Little Falls, also involving the Petrie and Hoover families
contributed by Barbara Hilliard

This indenture made the twentieth day of May in the Year of our Lord One Thousand Eight hundred + forty-three between Benjamin Petrie + Elizabeth his wife of the Town of Little Falls and County of Herkimer and William Hillard and Catherine his wife of the same place of the first part and George J Hilts of the Second part.

Witnesseth that the same parties of the first part for and in consideration of the Sum of Six hundred and ninety-four dollars to them in hand paid by the said party of the second part the receipt whereof is hereby acknowledged have bargained and solely and by these presents do bargain and sell into the said party of the second part and to his heirs and assigns [?] forever the two undivided fifth parts of that certain piece or parcel of land Situate lying and being in the Town of Little Falls + County of Herkimer in a patent of grantee to Jacob Glen and others commonly known by the name of Glens Purchase which piece of land is a part of Great lot number twenty three + twenty four in Said Patent begins at the Northwest corner of a lot of Land now in possession of Conrad Stevens + turns thence north twelve degrees west one chain to the north east corner of the land now in possession of John and Peter Klock thence South forty four degrees East two chains + Eleven links. Thence North three degrees west twenty eight chains and Seventy six links to the line of a lot of land now in possession of John Dygert. Thence, South eight Seven degrees east Thirty Six chains + Sixty Six links to the lands now in the possession of Daniel D Petrie. Thence South three degrees East thirty chains to the north bounds of the said Stevens land thence along the same west to the place of beginning containing one hundred acres of land two roods and eight pitches[ ?] of land always and entirely Excepting + reserving twenty acres out of the above described premises heretofore sold and conveyed by William Feeter and William Feeter Junior to Richard Jost Petrie. The courses as the needle pointed in the Year One thousand Eight hundred + fourteen.

Together with all and injular [?] the hereditaments and appurtances thereunto belonging or in any wise appertaining and the inversion and reversions remainder + remainders rents issues and profits thereof and also all the Estate right title interest claim or demand whatsoever of their the said parties of the first part either in Law or Equity of ni [?] and to the above bargained premises and every part and parcel thereof to have and to hold to the said party of the second part his heirs + assignees [?] to the sole + only proper use benefits and behoof of the said party of the second part his heirs and assigns forever. In Witness whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written Benjamin Petrie LS Elizabeth Petrie LS William Hillard LS Catherine Hillard LS. Signed Sealed + delivered in the presence of George Petrie Witness to Hillard + wife Herkimer County.

On the 23rd day of May 1843 Benjamin Petrie and Elizabeth his wife whom I know to be the individuals described in and who Executed the within conveyance personally came before me and severally acknowledged that they executed the same. The same Elizabeth on a private examination by and before me apart from her husband acknowledged that She executed the said conveyance freely and without any fear or compulsion of her husband. George Petrie, Justice of the Peace. Herkimer County.

On this 30th day of June 1843 William Hillard and Catherine his wife whom I know to be the individuals described in and who Executed the within conveyance personally came before me and Severally acknowledged that they Executed the Same. The said Catherine on a private Examination by and before me apart from her husband acknowledged that she Executed the same conveyance freely and without any force or compulsion of her husband George Petrie Justice of the Peace.

Recorded February 6th 1844 at 11 1/2 Oclock AM


This Indenture made this Twentieth day of May in the Year of Our Lord One thousand Eight hundred and forty three between Benjamin Petrie committee of the persons and estates of Benjamin Hoover John Hoover and Elizabeth Hoover habitual drunkards duly appointed by the Court of Chancery of the State of New York of the first part and George J Hilts of the town of Herkimer and County of Herkimer of the second part.

Whereas at a Court of chancery held for the State of New York and the city of Albany. On the second day of May One thousand Eight hundred and forty three it was among other things in substance ordered that the party hereto of the first part be and he thereby was authorized and directed to sell all the right title claim and interest of the said habitual drunkards in and the lot of land and premises herein mentioned and hereafter described for the purpose of paying the debts of such habitual drunkards. And whereas an agreement was entered into by and between the partners to this conveyance for the sale of all the right title interest and claim of the said habitual drunkards in and to each lot of land and premises to the said party of the second part for the price in sum and at the rate of nineteen hundred dollars for the whole lot which agreement for such sale was reported to the said court by the party of the first part. And therefore by an order bearing date of the sixteenth day of May One thousand Eight hundred forty three it was ordered that such report be and the same was thereby confirmed and it was ordered that the said party of the first part Execute the same party of the second part a good + sufficient conveyance of the rights and interests of the Said habitual drunkards in and to the said lot of land and premises upon securing payment and Security for the payment of the consideration money which would be coming to the said committee for the use of said habitual drunkards.

Now this indenture Witnesseth that the said party of the first part in consideration of the previous ann in Virtue of the Orders of the said Court of Chancery herein in part recited and of the Statute in Such case provided. And also in consideration of the Sum of One dollar to him in hand of the said party of the Second part the receipt whereof is hereby acknowledged hath bargained Sold and granted and by these presents doth grant bargain and Sell unto the said party of the second part and to his heirs and assigns all the right title and interest of the said habitual drunkards in and to the following ascribed lot and premises being two Equal individual fifth parts thereof and the right and interest of the Said Elizabeth Hoover as and for her dower and thirds in and to the whole of the said lot of land premises to nil. That certain piece or parcel situate and being in the town of Little Falls and County of Herkimer in a patent granted to Jacob Glen and others commonly known by the name of Glens Purchase which piece of land is a part of Great kits number twenty three and twenty four in Said Patent begins at the North west corner of a lot of land now in possession of Conrad Stevens and runs thence North twelve degrees west one chain to the North East corner of the lands now in possession of John + Peter Klock. Thence South forty four degrees East two chains and Eleven links. Thence North three degrees west twenty Eight chains and Seventy Six links to the line of a lot of land now in possession of John Dygert Thence North Eighty Seven degrees East thirty Six chains and Sixty Six links to the lands no win the possession of Daniel D Petrie. Thence South three degrees East thirty chains to the north bounds of the said Stevens land thence along the same west to the place of beginning containing one hundred acres of land two roods and eight pitches[ ?] of land always and entirely Excepting + reserving twenty acres out of the above described premises heretofore sold and conveyed by William Feeter and William Feeter Junior to Richard Jost Petrie. The courses as the needle pointed in the Year One thousand Eight hundred + fourteen.

Together with all and singular the hereditaments and appurtances thereunto belonging or in any wise appertaining and the reversion and reversions remainder + remainders rents issues and profits thereof and also all the Estate right title interest claim or demand whatsoever of the Said Elizabeth Burger Min and John Hoover habitual drunkards either in law or Equity of in and to the above bargained premises and every part and parcel thereof to have and to hold to the said party of the second part his heirs and assigns to the sole and only proper use benefits and behoof of the said party of the second part his heirs and assigns forever.

In Witness whereof the said party of the first part have hereunto Set his hand and affixed his seal the day and year first above written Benjamin Petrie LS. Signed Sealed + delivered in the presence of Herkimer County JS. On the 20th day of May 1843 Benjamin Petrie whom I know to be the individual described in and who Executed the foregoing conveyances personally came me and acknowledged that he Executed to Same. George Petrie Justice of the Peace.

Recorded February 6th 1844 and 11 1/2 Oclock AM


Whereas William Ingalls of Boston in the County of Suffolk and Commonwealth of Massachusetts Gentleman upon petition filed the fourth day of February A.D. 1842 was declared Bankrupt pursuant to the Act of Congress hereinafter mentioned and by virtue of a Decree of Bankruptcy pursuant of which the following is a copy to wit - District Court of the United States Massachusetts District. On Bankruptcy March 22nd 1842 Upon the petition of William Ingalls of Boston in Said district of Massachusetts filed on the fourth day of February last past praying to be declared a Bankrupt and there being Satisfactory proof that due publication on Notice has been made to all persons to appear in court and Show cause why the prayer of the Said petitioner Should not be granted and no Sufficient cause being Shown it is ordered and decreed by the court that the said Ingalls be and is hereby declared and decreed a Bankrupt pursuant to the act of Congress Entitled "An Act to Establish a uniform System of Bankruptcy throughout the United States" passed August 19th 1841". And Whereas Edward Craft Junior of Boston in the County of Suffolk and State of Massachusetts was Subsequently appointed Assignee of the Estate of said Bankrupt pursuant to the said Act of Congress and by virtue of an Order of said Court as follows to wit "District Court of the United States , Massachusetts District, in Bankruptcy March 22 1842.

In the matter of William Ingalls of Boston who was by a decree of this court benn declared a Bankrupt it is Ordered that Edward Craft Jr of Boston in the County of Suffolk in Said district of Massachusetts be and is hereby appointed Assignee of the Estate of the said Ingalls. And it is further ordered that the same Craft give Security in a Bond to the United States with two sufficient securities to be appointed by the Court in the Sum of five thousand dollars conditioned for the due and faithful discharge of all his duties as such Assignee (and also as Assignee of each and every other Estate of Any Bankrupt of which he shall be appointed the assignees by order of said Court under and by virtue of an act of Congress Entitled "An Act to Establish a uniform System of Bankruptcy throughout the United States passed the 19th day of August AD 1841") and his compliance with the orders and directions of the Court. And whereas the said Assignee So appointed has complied with the conditions of said order and given the bond required thereby.

And the Said Court afterwards on the fourteenth day of June A.D. 1842 upon the petition of said Assignee, duly presented and heard, did thereupon further order that Said assignee be authorized and allowed to Sell the Estate (hereinafter described) as prayed for in said Petition upon the terms following to wit for cash giving public notice of the time and place of Sale by publication thereof twice in the Boston Atlas, the first publication to be fourteen days at least before said Sale and upon Such Sale and compliance of the purchaser or purchasers with the terms thereof to execute Suitable deeds or other instruments of conveyance to the purchaser or purchasers in due form of law[unintelligible]ol.

And Whereas the Said Assignee having given due Notice of the time and place of sale agreeably to the directions of said Court to Wit by publication thereof in the Boston Atlas fourteen days at least before said Sale as aforesaid did at Boston on the twentieth day of July A.D. 1842 present to said Order and Notice sell at public auction to William Hillard of said Boston Esquire all the right title and interest that said Bankrupt had at the time of filing of said Petition for a decree of Bankruptcy in said Court and at the time of said decree in and to the Estate hereinafter described the same having benn Struck off to said Hillard for the sum of Nine Dollars he being the highest bidder and purchaser thereof.

Now therefore Know all Men by these Presents That I Edward Craft Junior Assignee as aforesaid in consideration of the said Sum of Nine Dollars paid to me by the said purchaser (the receipt of which is hereby acknowledged) and of the compliance of said purchaser with the terms of the said sale and by virtue of the power and authority aforesaid do hereby grant sell and convey unto the said Hillard his heirs and assigns all the right title and interest that said William Ingalls had at the time of the filing of his petition and the decree of Bankruptcy aforesaid and all the right title and interest that I now have as Assignee of said Bankrupt in and to the following described Estate and premises and any part shirse [?] or parcel thereof namely one individual third part of Seven hundred + fifty acres of land in Town Number Six of Browns Tract so called in the [County of Herkimer and] State of New York on lots known and described as number Seven Eight + Nine in Range eight and lots numbers Seven Eight + Nine in range Seven containing One hundred + Sixty acres Each, be the same more or less, also forty acres of land in lot No 8 of range Nine which Said forty acres are to be taken + are in the South part of said lot No 8 + is to be + is of an Equal width all the way from East to west + to Extend so far North from the South line of said lot as will make forty acres provided always that there shall not be on any part of the above premises any mill Sent or other Valuable Water Work privileges or any Mine afore.

Then such lots not vest in said Ingalls but shall belong to the grantor he the same grantor paying to the said Ingalls ten dollars per acre for said lot or lots + the interest on the same from the time the said grantor shall repossess the lot or lots + also paying the said Ingalls a fair Value for all improvements he said Ingalls shall have made thereon. The above premises are a part of the same conveyance to Oliver Ingalls the Father of said Bankrupt by James B Mason by his deed of 24th Nov 1807 + recorded with deeds in Herkimer County Book No 11 page 424 + the above description is taken from Said deed + to which reference is made meaning hereby to convey all the interest said Bankrupt has in Said described premises not before conveyance.

To have and To hold the above granted premises and Estate and the privileges and appurtenances of Every kind thereunto belonging to the said William Hillard his heirs and assigns to his + their use forever. And the said Assignee in covenant with the Said Hillard that in advertising and making Said Sale I have observed and complied with all the requisitions and directions contained in Said order of Sale. In Witness Whereof I the said Edward Crafts Jr Assignee as aforesaid have hereunto Set my hand and Seal this Tenth day of September in the Year of Our Lord Eighteen hundred and forty two Edw Craft Jr Assignee L.S. Signed Sealed and delivered in presence of A.A. Dame Commonwealth of Massachusetts Suffolk JP 12th September AD 1842. Then personally appeared the above named Edward Crafts Jr Assignee and acknowledged the foregoing instrument to be free act and deed before me A.A. Dame Justice of the Peace Commonwealth of Massachusetts County of Suffolk.

On this twenty fourth day of September in the Year One thousand Eight hundred and forty two before me the Subscriber a commissioner in and for said Commonwealth appointed by the Governor of the State of New York to take the acknowledgements and proof of deeds and other writings under Seal to be used as Recusant in the said State of New York and to administer Oaths and affirmations appeared Edward Crafts Junior and acknowledged that he had Executed the foregoing instrument and I certify that the person who made the said acknowledgment in known to me to be the individual described in and who Executed the said instrument. Given under my hand + Seal Augustus S. Fisde L.S.

Recorded March 20, 1844 at 8 Oclock PM.


Know all Men by these Presents, that I William Hillard of Boston in the County of Suffolk and Commonwealth of Massachusetts Esquire, In consideration of the hundred + fifty dollars to me paid by Elizabeth Hewins wife of Amasa Hewins of said Boston Portrait Painters the receipt whereof is hereby acknowledged do hereby give grant bargain sell and convey to Elizabeth Hewins her heirs and assigns one individual third part of Seven hundred + fifty acres of land in Township Number Six of Browns Tract (so called) in the County of Herkimer and State of New York on Lots known and described as number Seven (7) Eight (8) and Nine (9) in Range eight - and lots numbers Seven (7) Eight (8) and Nine (9) in Range Seven containing One hundred + Sixty acres Each, be the same more or less. Also forty acres of land in lot Number Eight (8) of range Nine which said forty acres are to be taken + are in the South part of said Lot number eight and is to be of an Equal width all the way from East to west and to Extend so far North from the South line of Said lot as will make forty acres (Provided always that there shall not be on any part of the above premises any mill Sent or other Valuable Water Work privileges or any Mine afore. Then such lots Shall not vest in said Ingalls but Shall belong to the Grantor he the said grantor paying to the said Ingalls ten dollars per acre for said lot or lots and the interest on the same from the time the said grantor shall repossess the lot or lots and also paying the said Ingalls a fair Value for all improvements the said Ingalls shall have made thereon. The above is the condition in the conveyance of the premises from James B Mason to Oliver Ingalls dated Nov 24th 1807 and recorded with deeds in Herkimer County Book No 11 page 424 to which deed reference is had and being the same real estate conveyed to me Said Hilliard by Edward Craft Junior assignee of William Hillard under the Bankrupt Law by deed dated September 10th A.D. 1842. To have and to hold the above granted premises to the said Elizabeth Hewins her heirs and assigns to her and their use and behoof forever. And I the said William Hilliard for myself and my heirs executors and administrators do covenant with the said Hewins her heirs and assigns that I am lawfully seized in fee Simple of the afore granted premises that they are free from all incumbrances, that I have good right to sell and convey the same to the said Elizabeth Hewins her heirs and assigns forever as aforesaid and that I nill and my heirs executors and administrators Shall Warrant and Defend the Same to the Said Elizabeth Hewins her heirs and assigns forever against the lawful claims and demands of all persons.

In Witness Whereof I the Said William Hilliard and Elizabeth TA wife of said William who hereby extinguishes and releases all right of Dower in the premises above conveyed have herewith set our hands and Seals this Ninth day of August in the Year of Our Lord Eighteen hundred and forty three. Wm Hillard L.S. E.T.A. Hillard L.S. Signed Sealed and delivered in presence of E Craft Jr - State of Massachusetts County of Suffolk On the Ninth day of August in the Year One thousand Eight hundred + forty three before me the Subscriber a commissioner in and for the said State appointed by the Governor of the State of New York to take the acknowledgments and proof of deeds and other writings under Seal to be used or recorded in the said State of New York and the administer Oaths and affirmations appeared William Hillard and Elizabeth his wife and acknowledged that they had severally executed the within i nstrument and the said Elizabeth on a private examination apart from her husband acknowledged that she executed the within instrument freely and without any fear or compulsion of her husband and I further certify that I know the persons who made the same acknowledgments are the individuals described in and who executed the within instrument. Given under my hand and Seal Edw Craft Jr. L.S.

Recorded March 20 1844 at 3 Oclock PM


This indenture made the 27th day of December in the year one thousand eight hundred and fifty four between Benjamin Hoover John Hoover Sollomon Hoover & Daniel Hoover in the town of Little Falls & county of Herkimer of the first part and William Hillard of the town of Little Falls county of Herkimer State of New York of the second part.

Witnesseth that the party of the first part in consideration of the sum of Eight hundred Dollars that is to say to Benjamin Hoover two hundred dollars to John Hoover two hundred dollars to be paid to Sollomon + the same amount to Daniel Hoover to them by the party of the second part do hereby sell and confirm grant and convey to the party of the second part his heirs and assigns All that certain piece of parcel of land situate and being in said town Little Falls and county of Herkimer in a pattant Granted to Jacob Glens and others commonly Known by the name of Glens purchase which piece of land is part of Great lots No 23 & 24 in said patants begins at the north west corner of a lot of land in possession John McComb + runs thence north twelve degrees West one chain to the north east corner of John + Peter Klocks land thence south forty four degrees east two chains & eleven links thence north three degrees West twenty eight chains seventy six links to the line of a lot of land in possession of Richard and John Petrie thence north eighty seven degrees east thirty six chains+ sixty six links to the land in possession of David Petrie thence south three degrees east thirty chains to the north bound of said McCombs land thence along the same West to the place of beginning containing one hundred Acres of land two roods and eight purches [?] of land seven acres having heretofore been sold and conveyed to said John McComb note hereintended to be included and always entirely excepting and reserving twenty acres out of the above described premises here to fore Sold by William Feeter & Elizabeth his wife + William Feeter Jr and Caty his wife to Richard Jost Petrie and which is to be set off out of the one hundred acres according to the striking or bond given to the said Petrie by the said William Feeter + wife + William Feet er Jr + wife nor are any of the covenants in this deed contained to apply to said twenty acres or to said seven acres but to the Eighty acres onely reference being had for a more full description of the above described lands to a deed executed by William Feeter + Elizabeth his wife + William Feeter Jr Jr + Caty his wife bearing date the 18th day of March 1814 to John C Hoover and recorded in Herkimer County Clerks Office July 4th 1814 at 2 PM in book of deeds No 8 page 134. Together with the hereditaments and appurtenances and all the estate right title and interest of the said party of the first part of in and to the same and the reversions remainders rents and issues thereof to the partys of the second part and I the said parties of the first part do here by for their heirs executors and administrators covenant with the said partys of the second part their heirs and assigns as follows. First that I am lawfully seized of the said premises Second that I have good right to convey the same Third that the same are free from incumbrances Fourth that I Will Warrant and Defend the title to the same against all lawful claims.

Witness our hand and seal the day and year first above written Benjamin Hoover John Hoover Sollomon Hoover Daniel Hoover in presence of A.W. Quackenbush Mary Ann Quackenbush State of New York County of . I certify that on the 27th day of December in the year One thousand eight hundred and fifty four Benjamin Hoover John hoover Sollomon Hoover + Daniel Hoover known to me to be the same persons described in and Who executed the foregoing conveyance came personally before me and acknowledged that they had executed the said conveyance.

Recorded Jan 8th 1855 3 PM John Uhle Justice of the Peace


This Indenture, made the Sixth day of January in the year of our Lord, one thousand eight hundred and Eighty One Between William Hillard of the town of Little Falls County of Herkimer State of New York of the first part and John Hoover of the same place of the second part,

Witnesseth, That the said party of the first part, for and in consideration of the sum of One Dollar to him in hand paid, by the said party of the second part, the receipt whereof is hereby confirmed and acknowledged has quit claim, bargained, sold, remised, and quit claimed; and by these presents does bargain, sell, remise, and quit claim unto the said party of the second part and to his heirs and assigns forever, the equal undivided one fifth part of all that certain piece or parcel of land situate and being in said town Little Falls and county of Herkimer in a patent granted to Jacob Glens and others commonly Known by the name of Glens purchase, which piece of land is part of Great lots No 23 & 24 in said Patent beginning at the North West Corner of a lot of land formerly in possession of Conrad Stevens + formerly in possession of John McComb and runs thence north 12BK West one chain to the North West corner of the lands formerly in possession of John + Peter Klock, thence South 44BK East 2 chains & Eleven links thence N 3BK West 28 chains Seventy six links to line of a lot of land formerly in possession of Richard and John Petrie thence north Eighty Seven degrees East + thirty six chains + sixty six links to the land owned or formerly in the possession of David Petrie thence South 3BK East 2 30 chs to the North Bounds of Said lands formerly in possession of said John McComb thence along the Same West to the place of beginning Containing One hundred Acres of land two rods and 8 perches of land Excepting from the grant Seven acres of land heretofore sold to Said John McComb. Also twenty acres sold to Richard Jost Petrie having Eighty acres of land granted and intended to be conveyed by this deed. And is the Same Eighty acres of land granted and extended to be conveyed by William Feeter and wife and William Feeter Jr + wife to John C Hoover by deed bearing date March 14th 1814 and recorded July 14, 18 14 in Book 8 pa 134.

Together with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part of the first part, either in law or equity of, in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said lands + premises hereinabove mentioned + described to the said party of the second part, his heirs and assigns forever.

In Witness Whereof the party of the first part, has hereunto set his hand and seal the day and year above first written. Sealed and Delivered in the Presence of William Hillard L.S. State of New York, County of Herkimer. On this Sixth day of January in the year One thousand eight hundred and Eighty One before me the Subscriber personally came, William Hillard, to me known to be the person described in and who executed the within instrument and personally acknowledged that he executed the same. H. Link, Notary Public.

Recorded August 29, 18 81. Palmer Wood, Clerk.




Group of Last Wills and Testaments and legal documents pertaining to the Ely, Tunnicliff and Minkler families of Warren
contributed by H. Geywits.

From the Hand Written Will of Ruth Eliza Tunnicliff - wife of Ferdinand Tunnicliff dated June 7, 1882:

To my son Sanford one bed, pillows and bedding for same and a book desk and two large silver spoons. To my granddaughter, May Tunnicliff, two large silver spoons, one cherry bedsted, bed pillows and bedding for the same and one ingrain bedroom carpet as well as a wardrobe. To my daughter, Amanda Tunnicliff Minkler, the residue of my estate.


"Sanford was appointed executor of the estate. All of the children of Ruth Eliza and Ferdinand were born at Warren, New York: (1) Harriet Amanda Tunnicliff (8/20/1836) married on 11/13/1880 Eugene Minkler. (2) Mary Rozelia (1838-1850). (3) Harvey Linneus (1840-1857). (4) Sanford Rodney - 1845, married Jennie Ellis and they had one daughter, Harriett Ely Tunnicliff. (5) Nelson Will (7/24/1851-6/4/1879) married 1st Sarah (Sary) Weeks. daughter of James and Martha McChesney Weeks who died in 1874. They had one daughter, Mae. Nelson married 2nd Minnie Burnham.


Harriet E. Tunnicliff as administratrix &c. and individually
                        To J. D. Reed,

For legal disbursements and services as follows:

1915
May 7th, Services in proceedings for administration in Estate of Sanford R. Tunnicliff, Decd. $ 15.00
Paid Clerk Fee for recording administratrix bond $ .50
Paid Clerk fee for 2 Admrs. Certs. $ .50
Paid Postage $ .12

1916
March, Services in connection with sale of farm to Zoller, including drafting deed, bill of sale, affidavit attached to search and correspondence with Atty. for purchaser $ 5.00
Paid Clerk Fee for search forward to attorney for purchaser $ 9.95
Paid for revenue stamps for deed $ 2.50
Postage $ .10

TOTAL        $33.67

Received Payment J. D. Reed May 13th, 1916


LAST WILL AND TESTAMENT

I, H. Amanda Minkler of the Town of Warren in the County of Herkimer 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 that all my just debts and funeral expenses be paid.

Second - I give, devise and bequeath all my property both real and personal of every kind and character and wheresoever situated unto my niece Mae Quaif, absolutely and forever, but in case my said niece should predecease me the I give, devise and bequeath all my property aforesaid to her son, William E. Quaif, absolutely and forever.

Lastly, I hereby appoint my said niece, Mae Quaif to be sole executer 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 2nd day of February in the year One Thousand nine hundred and twenty four.

(Witnesses to the signing were: Clarence J. Armstrong and Lee C. Sheldon, both residing at Warren, N.Y. H. Amanda Tunnicliff Minkler died in 1927.)


In the name of God, Amen. I Oliver Ely of Warren, Herkimer County do make and declare this my last will and testament in manner and form following. First - I resign my soul into the hands of Almighty God hoping and believing in the ____ipion of my sins by the ____ and mediation of Jesus Christ, and my body I commit to the earth to be buried at the discretion of my Executor hereinafter named and my worldly estate I give and devise as follows: First, I give and devise to my son Mattoon Ely all that certain piece or parcel of land situate lying and being in the Town of Springfield and County of Otsego and a small part lying in the Town of Warren as afore said and bounded as follows, on the north by lands of Wood & Jailon (?), on the East by lands of Wood & Jailon (?) as aforesaid on the South by the public highway and on the west by lands of Isaac Bigelow it being a piece or parcel of land heretofore deeded by Seldon Rathbone to the said testator in all containing ten acres of land be same more or less to have and to hold to my said son Mattoon Ely his heirs and assigns forevermore and I do hereby appoint my son Mattoon Ely executor of this my last Will and Testament. And all the rest, residue and remainder of all my estate and effects real and personal whatsoever and wheresoever not herein before otherwise differently disposed of after the payment of my debts and the legacies herein afterwards names, and the funeral expense and other charges and deductions as aforesaid, I do give, devise and bequeath unto my said son Mattoon Ely to him to have and to hold, to his and his heirs and assigns forever.

I will and ordain that in consideration of the above devises and bequests that my said son Mattoon Ely shall at his residence furnish my beloved wife Patty if she should outlive me a good and comfortable support in sickness and in health as long as she shall live and after her death to see to the expense of her funeral charges and this to be understood to be in lieu of dower and I further will and ordain that my said son Mattoon Ely shall after my decease in consideration as aforesaid, shall pay to the following persons the sum of four hundred dollars in the following manner- to my daughter Asenith Allen one hundred dollars, my daughter Sophia Nobles fifty dollars, my daughter Patty Armstrong, fifty dollars, my daughter Ruth Elizabeth Tunnicliff fifty dollars and to my daughter Julia Ely one hundred and fifty dollars and I will and ordain that the above sums shall be paid by my said son Mattoon Ely to the said above names heirs in the following manner as to the time of payment, the sums to be paid to Asenith Allen and Sophia Nobles to be paid in one year after my decease and the sums to be paid to Patty Armstrong and Ruth Elizabeth Tunnicliff is to be paid in two years after my decease as aforesaid. And as to the sum to be paid to Julia Ely in two years and six months after my decease as aforesaid. I also will and ordain that in case my son Mattoon Ely should see fit to pay any of the above named sums or a part of the above named sums before the time set for the payment of the same and that receipts for the sums so paid shall and may be counted as a part in whole pay as the case may be of the above named legacies to my said daughters above named. I will and ordain in consideration as aforesaid that my said son Mattoon Ely shall give to my daughter Julia Ely a privilege of house and home with him during her single state, but she my daughter Julia Ely is to bear all her other expenses except house room. I have here unto set my hand and seal the eighth day of April in the year of our Lord one thousand eight hundred and forty one.

Oliver Ely


JULIA A. ELY

In the Name of God amen. I, Julia A. Ely of the Town of Warren in the County of Herkimer, N. Y., being of sound mind and memory, and considering the uncertainly of this frail and transitory 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 to my nephew Sanford R.. Tunnicliff all of my real and personal estate, with full power to sell and convey the same and out of the avails of said to pay the following legacies viz:

To my nieces, daughter of my brother Gad Ely viz Adaline Thompson, Louisa Mallory, Amelia St. John, Augusta Tepple, Charlotte Noble, each the sum of one hundred dollars.

To my two nephews, sons of my sister Acenath Allen viz. Lamont Allen, Fayett Allen each the sum of one hundred dollars.

To my nephew Cicero J. Armstrong and to my niece Martha Armstrong, children of my sister, Martha Armstrong each the sum of one hundred dollars.

To my niece Amanda Minkler, daughter of my sister Eliza Tunnicliff, the sum of one hundred dollars.

To my niece Harriet Willis, daughter of my sister, Harriet Allen the sum of one hundred dollars.

And to my grand-niece Sarah M. Quaif, grand-daughter of my sister Eliza Tunnicliff the sum of one hundred dollars.

And all of the within legacies to be paid as soon as the law permits in the settlement of the estates.

And I further order and direct that if any of the said legatees should not be living at the time of my death then the said sum so bequeathed to them shall remain and constitute a part of the residuary fund and after all of my just and lawful debts and funeral expenses and my inscription put upon the monument that now stands in the family burying lot in the Springfield Center Cemetery and legacies are paid, then whatever and all that remains of my estate I give, devise and bequeath to my said nephew Sanford R. Tunnicliff to be his forever.

Likewise, I make, constitute and appoint my said nephew, Sanford R. Tunnicliff to be my 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 and affixed my seal the second day of December in the year of our lord one thousand eight hundred and ninety three.

Julia A. Ely, L. S.




1815 Will of Phineas Holcomb of Warren NY
contributed by Max Ward




1867 Will of Alice Riley of Herkimer NY
contributed by Carol Pfile




1859 Will of David Ford of Fairfield NY
contributed by Al White




1826 Will of Benoni Ford of Fairfield NY
contributed by Al White


Back to Part 1 of the Wills Bulletin Board

Back to Part 2 of the Wills Bulletin Board

Back to Part 3 of the Wills Bulletin Board

Back to Part 4 of the Wills Bulletin Board

Back to Part 5 of the Wills Bulletin Board

Back to Herkimer County NYGenWeb




Created: 6/10/06
Last Updated: 10/7/17
Copyright © 2006 - 2017 Herkimer County NYGenWeb
All Rights Reserved.