THE LAST WILL AND TESTAMENT OF STEPHEN NEWMAN

 

Stephen Newman

County of Herkimer Surrogates Court.  In the matter of proving the last Will and Testament of Stephen Newman deceased.  Herkimer County SS. Hiram Broat of the Town of Manheim in the county of Herkimer and Jeremiah Loucks of the Town of Manheim in the county of Herkimer being first duly sworn in open court on their oaths do depose and say that they are subscribing witnesses to the last Will and Testament of Stephen Newman late of the Town of Manheim in the said County of Herkimer ' deceased. And these deponents further say that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be the last Will and Testament of the said deceased and which bears date on the 18th day of February A. D. 1870.  That the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be his last Will and Testament. That these deponents did thereupon subscribe their own names at the end of said instrument as attesting witnesses to the execution.  Thereof at the request of the said deceased and in his presence and in the presence of each other.  That the said deceased at the time of subscribing his name to said instrument as aforesaid was upwards of twenty one years of age.  That he appeared to be of sound mind and memory and was not under restraint to the Knowledge or belief of these deponents.

Sworn examined and subscribed this}

7th day of June 1870 before me}               Hiram Broat

Amos H. Prescott Surrogate}                    Jeremiah Loucks

 

Will

 

In the name of God Amen I Stephen Newman of the Town of Manheim in the County of Herkimer and State of New York of the age of seventy seven years being feeble in health but of sound mind and memory do make publish and declare his my last Will and Testament in manner following that is to say,

First    I give, bequeath and devise to my son Paul Newman his heirs and assigns forever ten acres of land more or less being the tract and parcel I live on situate in the town of Manheim,  Bounded North and East by lands belonging to the heirs of Jacob J. Davis, on the south by land of Harvey Davis & on the west by the public highway with the hereditaments and appurtenances thereunto belonging or in any wise appertaining.  I also give to my son Paul Newman all of my personal property of whatever Kind soever or in what it may exist in including horses and cows all farming utensils household furniture & etc.  I further direct and order that my said son Paul Newman shall pay out of the above bequeath and devise made to him the following legacies to wit.  to my son Israel Newman residing in Michigan__ hundred dollars.  to my son Reuben Newman residing in Michigan one hundred dollars to my daughter Anna Staring seventy five dollars, to my daughter Permelia Klock Seventy five dollars and to my daughter Amanda Staring one hundred dollars, the said several legacies hereby bequeathed to my sons & daughters mentioned I order to be paid one year after my decease and I make the several legacies mentioned a lien against the real estate hereby devised to my son Paul.  I also order and direct that my son Paul pay & settle up all my debts, bills & etc and bear all my funeral expenses and erect tombstones for myself and wife.

Second      I give bequeath and devise all the rest residue and remaining of my real state to my son Henry Newman which ___ extent about four acres of land more or less situate in Manheim & bounded North, East & South by land of ____Klock and on the west by land of the heirs of Jacob J. ____ together with all the hereditaments & appurtenance thereunto belonging to have & to hold the said premises herein described to the said Henry Newman his heirs & assigns forever.  I further order & direct that my son Henry Newman pay the following legacies out of the devise to him made as follows, to my daughter Mary Ann Boyer who resides in Michigan Seventy five dollars, to my daughter Catharine Boyer who also resides in Michigan Seventy five dollars and to my son Paul Newman fifty dollars the said several legacies hereby bequeathed to my son & daughters mentioned I order to be paid one year after my deceased and I make the several legacies mentioned a lien against the real estate hereby devised to my son Henry.

Lastly, I do hereby nominate and appoint my son Paul Newman to be the Executor of his my last Will and Testament hereby revoking all forever wills by me made.  In witness whereof I have hereunto set my hand and seal this Eighteenth day of February in the year of our Lord one thousand eight hundred and seventy.

                                            his

                                   Stephen    X   Newman   L.S.

                                           mark

The above instrument consisting of one sheet was ___date thereof  signed sealed published and declared by said Stephen Newman as and for his last Will and testament in presence of us who at his request and in his presence and presence of each other have subscribed our names as witnesses thereto.

Hiram Broat residing at Manheim in Herkimer County N.Y.

Jeremiah Loucks residing at Manheim in Herkimer County N.Y.

 

State of New York, Herkimer County Surrogates Office:    Be it remembered.  That on the Seventh day of June A. D. 1870 the last Will and testament of Stephen Newman late of the Town of Manheim in said County of Herkimer, deceased, bearing date the 18th day of February A. D. 1870 (being the annexed written instrument) was duly proved before Amos H. Prescott Surrogate of said County of Herkimer according to law as and for the last Will and Testament of the real and personal estate of the said deceased which said last Will and testament and the proofs and examinations taken thereon are recorded in this office in Book "O" of Wills on page 437 and following,

     In testimony whereof I Amos H. Prescott Surrogate of said County have hereunto set my hand and seal of office at the Surrogates Office in the village of Herkimer this Seventh day of June A.D. 1870.   Amos A. Prescott Surrogate

 

I Amos H. Prescott Surrogate of Herkimer County do hereby certify the foregoing to be a True Copy and record of the original last Will and Testament of Stephen Newman- late of the Town of Manheim deceased, propounded for probate and duly proved before me and also of the proofs and examinations taken before me in relation thereto-

                    Dated Herkimer June 7th 1870

                                   Amos H. Prescott Surrogate