Son of Thomas and Hannah (Baker) Hopkins (brother of James Hopkins) copy received from Loma Wilkins March 2000
1st. I will that all my just and lawful debts be first paid.
2nd. I will and bequeath to my beloved wife PHEBE HOPKINS fifty acres of Parcel from the north and east part of my farm on which I now reside including my dwelling House on the Town part of said farm for her own use, benefit and disposal forever and also our roan horse, two cows, four hogs, all the hay and grasses on the premises at present for present use. All the waggons, sleighs, harnesses and farming utensils on the premises, two feather beds, four feather pillows, two feather bolsters, four sheets, four kersey blankets, two coverlets, four comfortables, eight pillow cases, three bedquilts, two under beds, two French beadstands, one bureau, one chest of drawers, one table, one stand, one cooking stove, pipe and apparatus for cooking, three brass kettles, all the cooking and stove ware in the house, all her own individual clothing and wearing apparel of every kind, two black trunks, two milk pares(?), two milk pails, one pail and strainer, one water pail, twelve silver tea spoons, nine knives and forks .
I will and bequeath to my grand son JOSEPH HENRY HOPKINS four hundred dollars in cash also our yoke of 4 years old oxen, our Roan four years old horse, one red cow, two red 2 year old heifers and two buffalo robes.
I will and bequeath to my son FREEMAN HOPKINS fifty dollars. I will and bequeath to my son MATHEW HOPKINS fifty dollars. I will and bequeath to my son ASAHEL E. HOPKINS two hundred and fifty dollars. The residue and remainder of my estate, both real and personal I will and bequeath to my other children to be divided among them equally alike viz: MARTIN HOPKINS, ELSIE GREEN, CHARLES C. HOPKINS, MARIAM GREEN, SALLY FORD, MARY GREEN, HANNAH WILLIAMS, MITTITA(?) MILLER and DANIEL B. HOPKINS.
It is my will that son MARTIN HOPKINS shall receive only the lawful interest on his legacy annually and at his death the principal shall be divided among his children equal except JOSEPH HENRY HOPKINS who is not entitled to any thereof.
It is my will that MARY GREEN receive no more than the lawful interest on her legacy annually and at her death the principal is to be divided among her children equally alike.
I acknowledge he above to be my last will and testament I hereby appoint THOMAS ELLIS and ABEL POTTER executors of the Same evoking all other wills by me made whereunto I have set my hand and seal this twenty-fifth day of January 1854.
(Signed:) MARTIN HOPKINS (seal)
In presence of JAMES SAVAGE, Argyle
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TESTIMONY
MARTIN HOPKINS late of Fort Edward
JAMES SAVAGE was called on the part of the Executors and being first duly sworn in open Court, disposes and says: I was acquainted with MARTIN HOPKINS in his life time and have been acquainted with him about thirty years: I was his family physician for twenty -five- or thirty years. He made a Will I drew as well for him the one shown to me. (being the one offered for probate) He died I think about the last of January 1854. He lived about a week after he made his Will. I saw him subscribe his name to the Will shown me dated January 25th 1854. Mrs. MARY ELLIS and I think Mrs. HOPKINS the wife of dec'd' were in the room at the time he signed the Will, after he signed it I asked him if he acknowledged that as his hand and seal for the purposes therein mentioned. He said he did.
After the will was written I read it all over to him, probably five or ten minutes before it was executed. I sat down to the table and wrote it right along as he dictated it to me. After I had completed the will I got it and read it over to him and asked him if it was right, as he wished it or if it was correct or something to that effect. He said it was. I then said Uncle Martin we want two witnesses to this Will and who shall they be. Said I you had better have strangers as witnesses. He said to me could you witnesses it yourself, and I said I could. He then (word crossed out) wanted I should witness it. I asked him who the other should be. He said he didn't know. I then said Mrs. MARY ELLIS is down stairs. He said I might go and bring her up as a witness. I went down and told Mrs. ELLIS, Uncle Martin wanted she should come up and witness his will. Mr. HOPKINS was up in the second story in a bedroom bed room was probably 12 feet square. I brought Mrs. ELLIS up. After we got into the room where Mr. HOPKINS was I said to Mrs. ELLIS, we want you to come and see Uncle Martin sign his name. She came and stood beside me and we both saw him sign his name to the Will. After Mrs. ELLIS came into the room, I am not sure whether Mr. HOPKINS said anything to Mrs. ELLIS or not. After Mr. HOPKINS signed the Will Mrs. ELLIS and I immediately signed it and I then asked him if he acknowledged that for his hand and seal for the purposes therein mentioned. He said he did. Deceased was a citizen of the United States, was not far from 80 years of age, I should think, and of sound disposing mind and memory as I thought under no restraint to my knowledge.
Cross Examined by Mr. KING - testified - he had been sick not far from two months, before this time was troubled with (looks like stockies) state of his bowels. He was generally confined to his bed for as much as a month before his death. I attended on him every other day. I think Mr. HOPKINS himself first spoke about making his Will. Two or three days before he made his Will he told me he thought it was his duty to make his Will. The day he made his Will, I think when I went into the room below before I went up stairs, Mrs. HOPKINS said that Mr. HOPKINS wished me to do some writings for him. I then went up into the room where HOPKINS was and after passing the time of day he said "Dr. I want you to draw a Will for me to day." I told him I wasn't a lawyer and didn't know anything about drawing a Will and he had better get a lawyer to draw it. Between the time that Mrs. HOPKINS spoke to me when I first came in and the time of the execution of the will, Mrs. HOPKINS spoke to me about the will.
While I was drawing the Will the old gentleman spoke in reference to MARTIN HOPKINS, Jr. and MARY GREEN, he said he wanted to put their legacy in such a shape that they couldn't get it and spend it; but could have the avails of it. The old lady was present and suggested buying a house and lot for MARY GREEN. Then I spoke to Mr. HOPKINS myself and suggested that he should give them the interest annually of the money and after their death, the principal should go to their children, and he said that would suit him best, and told me to put it down that way. Mrs. HOPKINS did not say anything in reference to the provision for her in that Will. When he came to the part in the Will which gives too her certain personal property, he said she had brought some(?) personal property there, and he wanted her to have as much as she had brought there. He said he didn't know what it was she had brought there but allowed her to tell me, and she told me and I took the articles and put them down in the Will.
After we had got to the appointment of the Exrs. I said too him, We want two executors and now who shall they be. I told him his wife could be Executrix and any of his children or sons in law could be Exrs. She objected to being Executrix and said they had better be Strangers and Mr. H. insisted on me being one. I told him I couldn't. I then mentioned over a number of men in the neighborhood and of these I mentioned, he selected Mr. ELLIS and ABEL POTTER. At the time he made the Will MR. H. could speak distinctly.
He wrote his name to the Will himself, without any one guiding his hand. With the exception of what I have stated(crossed out) mentioned MRS. H. never said anything to me or in my presence in reference to the making of the Will. In making this Will nothing was said of MR. H. about his wifes right of dower.
(Signed:) J. SAVAGE
After we got into the room Dr. SAVAGE spoke and said that Mr. HOPKINS wished me to sign that paper. Dr. SAVAGE then had hold of the Will. The dec'd sat up in the bed and signed the Will on the top of a hat. He signed it with perfect ease. After dec'd signed it, Dr. SAVAGE took the Will up and held it before dec'd and asked MR. H. if he acknowledged that to be his last Will and Testament. MR. HOPKINS said he did. We signed as witnesses before the question was asked by Dr. SAVAGE, if he acknowledged that to be his last Will and Testament. The Dr. asked me to sign the paper, up in the bed room in his usual tone of voice. I saw Mr. HOPKINS when I entered the room and saw him all the time I was there. There were no curtains to the bed. The deceased was at the time of executing his last Will of sound disposing mind and memory, and was under no constraint to my knowledge. All that I have related as taking place in the bed room was done in the presence of Dr. SAVAGE and myself and of said dec'd.
Cross Examined. This took place in the afternoon. I had been there all day. The old man was quite sick. Mrs. HOPKINS was in the bed room at the time of the execution of the Will. Previous too the Dr. asking me to go up stairs and sign the Will Mrs. HOPKINS was not in the same part of the house with me. The Dr. after Mr. HOPKINS signed his name asked the dec'd if he acknowledged that to be his last Will and Testament. That I am certain he said. If I recollect anything that was said that day, I recollect that. I have had some conversations with Mr. COON since the time of the execution of the Will. I presume that I haven't recollected all that was said at the time of the execution of the Will. A little while before I came up to be examined Mr. COON was in the parlor and talked before all of us in reference to what took place when the Will was signed. I have felt no interest in the matter. I have not talked with any other persons except Mr. COON in relation to the execution of the Will.
Cross Examined again by Mr. KING. Several neighbors were around the house at Mr. HOPKINS on the day of the execution of the Will. I didn't know that my husband and dec'd were not on good terms. The Will was not read over in my presence.
(SIGNED:) MARY ELLIS
(SIGNED:) J. SAVAGE
in the HOPKINS CEMETERY Argyle, Washington Co, New York
Thomas HOPKINS
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