The Will of Hiram Rogers

Date: 1850 [unknown]
Location: Fayette, Seneca, New York, United States
Surnames/tags: Rogers Rumsey

Transcript of the Will of Hiram Rogers, born 1783 is as follows:

Record of Hiram Rogers Will

Be it understood that heretofore’ to wit on the 18th day of January 1850, Andrew Rogers & Reuben Saeger the executors named in the Last Will & Testament of Hiram Rogers, late of Fayette in the county of Seneca, deceased, appeared in Open Court, before the surrogate of the County of Seneca, and made application to have the said Last Will & Testament which states to both real & personal Estate proved. And on ___ application, the said surrogate did ascertain by Satisfactory Evidence’ who were the widow heirs and next of kin of the said deceased, and their respective residences – that is to say: James Rogers, Simon Rogers, Nathan Rogers, Israel Rogers, Andrew Rogers, Mary Rogers, Jane Saeger, wife of Rueben Saeger, Abigail Hines wife of Henry Hines – Abigail Rogers widow of said deceased, Catherine Rogers, George Rogers, Abigail Rogers & Lewis Rogers all of Fayette the three last named all being minors, of whom said James & Simon were testamentary guardians by the will of their deceased father Moses Rogers of Bangor in the State of Maine – and Abigail Rogers, John Rogers, Lawson Rogers, Thomas Rogers & James Rogers, of Jerusalem Yates County, - said Lawson, John, Thomas & James being minors, having no general Guardian. Whereupon as Special Guardian was appointed in due ___ of Law by Said Surrogate, for said last named minors, to take care of their interests in the matter of proving said will. And said Surrogate did thereupon issue a citation in due form of Law, directed to the said widow heirs and next of kin, general & special guardians by their respective names and stating their residence, ___ giving them to appear at the office of Said Surrogate in Waterloo in the County of Seneca, on the 18th day of February then next at 10 o’clock in the fore noon and attend the probate of said will. And afterward to wit at the time ___ last aforesaid, Satisfactory Evidence, by affidavits and acknowledgment was produced and presented to Said Surrogate, showing the service of said citation in the mode prescribed by Law – written out and on that day, the said executor appeared in person and by John Knox(?) their counsel in support of the proof of said will and said James Rogers and Simon Rogers appeared by A.J. Knox their counsel – said Nathan Rogers, Israel Rogers, Mary Rogers, Abigail Hines, and Abigail Rogers widow also appeared: and thereupon on the said 18th day of February 1850 such proceedings were had before said surrogate, that he took the proofs of the said will hereafter set forth – and he adjudged, and decreed that the said last will & testament was duly executed and that the source was genuine and valid – and that said last will and testament and the proofs and examinations taken in respect to the same be recorded, and that said will be established as a will of Real and personal Estates; which said last will and testament and proofs are as follows, that is to say.

“This last will and testament of Hiram Rogers of the town of Fayett county of Seneca state of New York I Hiram Rogers considering the uncertainty of this mortal life and being of sound mind and memory (Blessed be God for the same) do make and publish this my last will and testament in manner and form as folows that is to say first I give and bequeath to my beloved wife Abagil Rogers forty two acres of land & ___ ____ situated and being in the town of Fayett Seneca County and bounded as follows said boundaries being found in a deed given by John Rumsey & wife to Hiram Rogers commencing at the north west corner of William Hackets land running east along said Hackets land to the land owned by Samuel Seely thence along the west line of said Seely’s land twenty four rods thence west eighty rods thence north thirty six rods to the line of David Rumseys land thence west along the south line of said Rumseys land to the land of Robert Gilland thence south along the east line of said Gillands land to the place of beginning said land to be used and occupied by my beloved wife Abagil as long as she shall remain my widdow and no longer and I further give to my wife Abigal al the furniture in the house, to be used by the family as long as they shall remain together and I further give my grand daughter Abigal the daughter of my son Hiram Rogers deceased the sum of two hundred and fifty Dollars to be paid to her, or her guardian for her benefit I also give to my grand son George Rogers the son of my son Hiram Rogers deceased the sum of Two Hundred and fifty dollars to be paid to him or his guardian for his use And I further will that the remainder of my proper both Real and Personal be sold the personal within the year after my decease & the Real I leave in the hands of my Executors to dispose of they shall the interest of the heirs shall demand, and the proceeds of the sale of my personal and Real property shall be divided equally amongst my children James Rogers, Simon Rogers Mary Rogers, Andrew Rogers Jane Saeger, Nathan Rogers Abigal Hines Israel Rogers with the exception that my son James Rogers shall not receive as much as the rest of my children by the sum of four hundred and twenty five dollars and I hereby appoint my son Andrew Rogers, and my son in law Rueben Saeger sole executors of this my last will and testament hereby revoking all former wills made by me in witness whereof I have hereunto sett my hand and seal the 27th day of December in the year of our Lord one thousand eight hundred and forty nine signed Hiram Rogers