Will of Gideon Dodge, Frankfort, Herkimer Co., New York
submitted by William Kuehnling
Source: Sampubco.com, Herkimer co NY Will Book Vol. L page 13
Written: December 12 1855; Recorded: March 31 1858
Be it remembered that heretofore to wit: on the 31st day of March 1858 Elizabeth Dodge the widow of Gideon Dodge late of the town of Frankfort in the County of Herkimer deceased appeared in open court before the Surrogate of the County of Herkimer and made application to have the said last will and testament which relates to both real and personal estate proved and in such application the Surrogate did ascertain by satisfactory evidence that the said deceased left but one child his heir at law to wit: Helen R. Paddock of Frankfort aforesaid and Sanders Dodge the executor named in the said will did then renounce as such executor and this renunciation was filed and recorded in the office of the said Surrogate and the said Elizabeth Dodge and Helen R. Paddock did then file their petition praying that the said will might be proved immediately without the issuing of any citation for that purpose and the Surrogate did then make and enter an order that the subscribing witnesses be immediately sworn and examined and the Surrogate did then take the proof of the said will hereinafter set forth and he adjudged the said will to be a valid will of real and personal estate and the proofs thereof to be sufficient which said last will and testament and proofs are as follows, that is to say
I Gideon Dodge of the town of Frankfort in the County of Herkimer and State of New York of the age of sixty three years and being of sound mind and memory do make and publish this my last will and testament in manner following
First I order and direct that all my debts and funeral expenses be paid & that suitable tombstones be purchased and erected at my grave by my executor hereinafter appointed.
Second I give and bequeath unto my wife Elizabeth Dodge and my daughter Helen Rhoda Paddock and their heirs & assigns forever. All my real and personal estate of every kind whatsoever and in case they cannot enjoy and possess the same together in unity and peace then in that case my brother Sanders Dodge of the town of Winfield Herkimer County shall make a division of said real & personal property between them giving each equal portions and they shall be bound by the division he shall make and his decision shall be final in the premises and they shall release to each other according to his division & in case they refuse this will shall operate as such release and each shall have hold and enjoy her share in fee to herself her heirs & assigns forever. The above bequest to my wife Elizabeth Dodge is given & bequeathed to her and is to be accepted by her in lieu of dower. The above bequest unto my daughter Helen Rhoda Paddock is given and bequeathed to her on condition that she assist in maintaining supporting and educating my grandson until of age Sanders D. Dodge and after her decease the same is to go to my said grandson his heirs and assigns forever.
Lastly I constitute and appoint my said brother Sanders Dodge sole executor of this my last will & testament hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand and seal the twelfth day of December in the year Eighteen hundred & fifty five.
The above instrument consisting of one half sheet of paper was at the date thereof signed sealed published and declared by the said Gideon Dodge as and for his last will and testament in presence of us who at his request & in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Ely F. Marsh residing in Frankfort Herkimer Co N.Y. Amy C. Lee residing in Frankfort Herkimer Co N.Y.
Herkimer County: Ely F. Marsh of the town of Frankfort in the County of Herkimer and Amy C. Lee of the town of Frankfort in the County of Herkimer being first sworn in open court on their oaths do depose and say that they are subscribing witnesses to the last will and testament of Gideon Dodge late of the town of Frankfort 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 12th day of December AD 1855 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 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 and not under restraint to the knowledge or belief of these deponents.
Ely F. Marsh
A. C. Lee
Sworn examined and subscribed this 31st day of March 1858 before me R. Ead
Herkimer County: Recorded the preceding last will and testament of Gideon Dodge deceased as a will of real and personal estate together with the proofs taken in the court of the Surrogate of the County of Herkimer relating to the said last will and testament; which record is hereby signed and certified by me pursuant to the provisions of the Revised Statutes this thirty first day of March one thousand eight hundred and fifty eight.
Robert Ead Surrogate
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Submitted Date: January 23, 2005
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