This is a copy of my reading of the will of Isaac Pierce, of the town of Harpersfield, Delaware Co, NY dated Dec. 26th, 1845 and presented in Surrogate court in 1848. --Dorothy Hicock, August 11, 2004
1845 WILL of ISAAC PIERCE
In the name of God, amen, I, Isaac Pierce of the town of Harpersfield, county of Delaware and state of New York considering the uncertainity of this mortal life and being of sound mind & memory (blessed be Almighty God for the same) knowing that it is appointed to all to die do make and ordain this my last will & testament in the manner & form following:
And first I resign my soul into the hands of Almighty God hopeing & believing in a remission of sins by the merits and meditation of Jesus Christ and my body I commit to the Earth to be decently buried not doubting that both will be united at the resurrection. And as to the worldy property wherewith God has blessed me, it is my will that it be disposed of in the following manner. After my just debts and funeral expenses is paid and a set of gravestones is set to my grave of the same quality and as near like the pair set to the grave of my late beloved wife as may be within one year after my decease.
I give & bequeath unto my grand son Isaac Nichols twenty dollars to be paid one year after my decease.
I give & bequeath unto my grandson Isaac Pierce twenty dollars to be paid one year after my decease.
I give & bequeath my eight children, to wit my five sons, Ebenezer B Pierce, Nathan Pierce, Isaac Pierce, Mial C Pierce, & Richard B Pierce all of my outdoor personal property consisting of stock, farming utensila, all assigned to be equally divided amongst my said sons & to my three daughters to wit Candace Hinman, Sally Hickok, and Mary Nichols I give and bequeath all of my indoors personal property consisting of furniture, clothing, bedding, & except my wearing apparrel which I give & bequeath to my son Ebenezer B Pierce, to be equally divided except to my daughter Sally Hickok I give twice as much to the rest of my siad household personal property xxxxxx. It is my express will that my personal property should be divised as provided as above as near as they can be and not be sold at public venue or auction.
It is my will out of the proceeds of my real estate my just debt & funeral expenses shall be paid and after so paid the remainder of the proceeds of my real estate shall be divided in the following manner. That is to say a division is to be made xxx amongst all my eight children to wit, Candace Hinman, Ebenezer B Pierce, Nathan Pierce, Sally Hickok, Isaac Pierce, Mial C Pierce, Mary Nichols, and Richard B Pierce in the following manner to with the siad Ebenezer B Pierce is to be accounted in the division to the amount of one certain note given by him to Isaac Pierce, his executors and administrators for two hundred & thirty-five dollars, and annual interest dated the first day of January 1843. If the amount of the note with the annual interest shall not amount to enough to make his share equal to the rest except Sally Hickok, it is my will that it should be made equal out of the proceeds of my real estate. It is my will that my daughter Sally Hickok shall have twice as much as the rest of my children and all the rest of my said children are to share equally the proceeds of my said real estate.
And I herby appoint my two sons Mial C Pierce and Nathan Pierce executors of this my last will & testament hereby revoking all former wills by me made. In witness thereof I have here unto set my hand & seal this 26th day of December in the year of our Lord one thousand eight hundred & forty-five.
In presence of Isaac Pierce (LS)
Levi Seeley of the town of Harpersfield
Hannah Seeley of the town of Harpersfield
In the matter of the probate of the last will & testament of Isaac Pierce, late of said ounty, dec'd. as a will of real & personal estate.
Delaware County ss, Levi Seeley of the town of Harpersfield in the county of Delaware being first duly sworn disposes & says that he saw the above named Isaac Pierce, late of the town of Harpersfield in the county of Delaware, dec'd, subscribe & execute the instrument now shown him & which purports to be the last will & testament of the said Isaac Pierce and bears the date the 26th day of Dec 1845 and that he heard the said Isaac Pierce declared the same to be his last will & testament and xxx be his deponent together with Hannah Seeley the other subscribing witness subscribed his name as witness to said instrument at his request & at the time thereof the said Isaac Pierce was of sound mind & memory of full age to make said will & not under any restraint.
sworn & subscribed before me Levi Seeley, the 8th day of July 1848
E More, Surrogate
on the same matter
Delaware County ss, Hannah Seeley of the town of Harpersfield in the county of Delaware being first duly sworn deposes & says that she saw the above named Isaac Pierce late of the town of Harpersfield in the county of Delaware, dec'd, subscribe & execute the instrument now shown her & which purports to be the last will & testament of the said Isaac Pierce & bears the date the 26th day of Dec 1845 & that she heard the said Isaac Pierce declare the same to be his last will & testament and that she this day went together with Levi Seeley the other subscribing witness subscribes her name as xxx witness to said instrument at his request and at the time thereof the said Isaac Pierce was of sound mind & memory, of full age to make said will & not under any restraint.
sworn & subscribed before me the 8th day of July 1848
E More, Surrogate
To th Surrogate of the Court of Delaware
Your petitioner Mial C Pierce of the town of Hapersfield, Delaware Co., respectfully represents that Isaac Pierce late of the said town of Harpersfield on the 26th day of Dec. 1845 made & executed his last will & testament, thereby disposing of his real & personal estate & that said Isaac Pierce died at said town of Harpersfield on the 3rd day of May last leaving Ebenezer B Pierce, Nathan Pierce, Isaac Pierce & I Mial C Pierce & Richard B Pierce (B changed to G), his five sons and Candace Hinman, Sally Hickok (Hickok crossed off and Hamilton inserted), wife of John Hamilton, & Mary Nichols, wfie of Clemon Nichols, his three daughters, that said Sally Hamilton & husband reside in the town of Cobleskill, Schoharie County, and all the residue of said sons & daughters reside in the said town of Harpersfield except Isaac Pierce & Richard Pierce who reside in Davenport in said county of Delaware, & that all of said heirs are of full age and that said deceased left no widow (?or dowery). And your petitioner further allows that he by said will was appointed one of the executors of said estate and now prays that citation I my issue to said heirs & next of kin to the end that said will may be proved & recorded as a will of real & personal estate
Mial C Pierce
sworn to before me June 21, 1848
Charles T Holland, Dep. clerk]
The people of the State of New York to
Ebenezer B Pierce
Richard G Pierce
children & heirs of Isaac Pierce, decd. & next of kin
You are hereby cited & required personally to be and appear before our Surrogate of our county of Delaware at his office in the village of Delhi, in said county, on the 8th of July, next, at ten o'clock in the forenoon, to attend the probate of the last Will & Testament of the real & personal estate of said Isaac Pierce, deceased, which will then and there be offered for that purpose, on the application of Mial C Pierce an Executor named in said Will,
Given under the hand and seal of office of our said Surrogate, at the village of Delhi aforesaid, the 23rd day of June 1848, E More, Surrogate
Personally the within citation on the within named Nathan Pierce, Richard G Pierce, Sally Hamilton, John Hamilton, Mary Nichols (on Clemon Nichols by having a copy at his place of residence in being absent on the 28th day of June) and on Ebenezer B Pierce, Isaac Pierce , and Candace Hinman on the 29th day of June 1848
dated Harpersfield, Delaware Co, 1848
Personally came before me John Pierce who being by me truly sworn says that the above return is just and true and that copys have been served on each of the above named individuals except Clemon Nichols. Personally and on him by having a copy at his place of residence.
Subscribed & sworn before me this 30th day of June 1848
Levi Seley, Justice of the Peace
end of Surrogate records
The family of Major Issac Pierce, a descendant of Capt. Michael Pierce b. England d. Indian battle Rhode Island Mar 26, 1676/77, is probably as follows:
Isaac Pierce, major in War of 1812, b. 1762 d. May 3, 1848
cemetery Titus Hill, North Harpersfield, Del. Co, NY
m. Sarah Bristol b. Aug. 27, 1761 d. July 31, 1842, dau. of Nathan Bristol & Julia Howe. They came to North Harpersfield in 1779, had eight children.
1. Candace d. Mar. 5, 1859 @ 66
m. Botsford Hinman, and had dau Sally who mar.---Judd: dau. Ruth Ann m. Mar. 6, 1848 Joseph H Copley, Jr and prob. res. Knox Co, IL; son Nelson P. Hinman
2. Ebenezer b. Sept. 28, 1793 d. Mar. 8, 1860
m.1. Martha b. Apr. 6, 1788 d. July 22, 1864
3. Nathan b. Sept. 7, 1797 d. Jan. 10, 1871
m.1. Susan Hamilton b. abt 1796 CT d. June 21, 1852
m.2. Harriet Odell
4. Isaac b. 1800 d. 1892 cem. Butts Corner, Del. Co
m.1. Eunice (?Emma) Judd b. 1797 d. 1858
m.2. Fanny Toles
5. Mial C b. Apr. 7 or 30, 1804 d. Mar. 14, 1859
m. Dec. 9, 1829 Anna S Copley b. Jan. 5, 1809 d. Jan. 1, 1884
6. Richard G b. Nov. 24, 1807 d. Apr. 26, 1888
m. Ann R. Birdsall b. Aug. 30, 1815 d. Dec. 29, 1884
7. Sally d. Nov. 12, 1881 WI
m.1. Horace Hickok b. 1798 d. Jan. 26, 1831,
son of Heman Hickok & Lucinda Parker
m.2. 1846-8 John Hamilton
8. Mary b. July 26, 1802 d. June 20, 1849
m. Clemon Nichols b. May 10, 1802 d. May 28, 1894
These are mainly Delaware County, NY residents. --Dorothy B Hicock