Thomas Hutton's Will

Here's one article of historic evidence I've uncovered in the pursuit of Hutton genealogy--the will of Thomas S. Hutton of New York, residing in Kanawha county, WV, at the time of his death. Now I've just to discover his relationship to my great-great-great grandfather Joseph Hutton. Just think, my ancestors were bequeathed 17,000 acres in West Virginia (Putnam County)--wonder what happened to all of it.


Tes
Q W Quarrier, Clk
At a Surrogate Court held in and for the County of Columbia at the Surrogates Office in the City of Hudson on the 14th day of June AD 1954
Present Elijah Payne, Surrogate in the matter of proving the last Will and testament of Thomas A. Hutton, deceased
On reading and filing the petition of Abraham B. Hutton propounding the last will and testament of Thomas L Hutton late of the County of Kanawha in the State of Virginia deceased for probably of which it satisfactorily appears that said testator died on or about the 20th day of April AD 1854 in the said County of Kanawha and was a resident of said County of Kanawha at the time of his decease, the he left his last Will & Testament, that said Will relates to both Real & Personal Estate, that in the said Will the said petitioner was appointed sole executor thereof and that said testator left assets in the said County of Columbia and which petition show the names and places of residence of the heirs and next of kin of said testator, that said heirs and next of kin are of full age, that said testator left him no widow surviving and other things by reason where of it belongs to the said Surrogate of Columbia Court to take the proof of said Last Will & Testament, and that said petitioner is desirous that the said Will would be admitted to probate, and that … testament should be granted thereon be him, and prays a citation spring our of under the seal of Court requiring the …. Next of kin and heirs at Law personally to be and appear when and where this Court may direct to appear or support as they may see fit the probate of said last Will & Testament, all which satisfactorily appearing to this court, It is ordered that a citation upon to the proper persons, pursuant to the .. of said petition requiring them to appear in this Court on the fifth day of July 1854 at ten o'clock in the forenoon of that day and attend the probate of said Will
E Payne Surrogate
At a Surrogate Court held in and for the County of Columbia at the Surrogate Office in the City of Hudson on the fifth day of July AD 1854
Present Elijah Payne, Esquire Surrogate in the matter of proving the Last Will & Testament of Thomas S Hutton dec
The citation heretofore .. in this matter .. on this day Abraham B Hutton the Executor named in said Will appearing in person & by Fayette Butter, his counsel in favor of the probate of said Will and the other ……. appearing in favor .. in .. upon the application of said Executor this matter is adjourned to the twelfth day of July 1854 at same place, to enable the same .. Executor to finish perfect due proof of the Service of said citation upon the persons to whom the same was directed
D Payne Surrogate
At a Surrogate Court held in the County of Columbia at the at the Surrogates Office in the City of Hudson o the 12th day of July AD 1854
Present Elijah Payne Esquire, Surrogate - In the matter of the proof of the Last Will & Testament of Thomas S. Hutton Dec
This matter having been adjourned from the fifth day of July .. to this day. And the Executor, Abraham B Hutton appearing in person by his counsel Fayette M. Butter and satisfactory evidence by affidavit of the Service the citation heretofore agreed in the matter in more prescribed by Law, said litigation being in every respect in accordance with the provisions of the States of the State, and neither of the subscribing witnesses to said will being in attendance And one said Witness being unable to leave his Residence on account of ill health, and no other persons than as above appearing in favor of said Will, and no one in opposition thereto, upon the application of said Executor , this matter .. adjourned to the 13th day of July .. at the Office of H.. & .. in he Village of Stayvesant Landing in said County of Columbia for the purpose of taking the proof & deposition of said witnesses.
E. Payne Surrogate
At a Surrogates court held in and for the County of Columbia a the office Of H.. & Thayer.. the Village … in said County on the 13th day of July AD 1854
Present Elijah Payne, Esquire Surrogate in the matter of the proof of the Last Will & Testament of Thomas S Hutton dec.
This matter having been duly adjourned from the 12th .. and to this place and Abraham B. Hutton the Executor named in said instrument having appeared in person and by Fayette M. Butter his counsel and no other persons appearing in favor nor in opposition in support of the proof of the same, the court proceeded to take the deposition of H… . Dyer & Peter W Wenden the two subscribing Witness to said Will and upon such proof after due deliberation and the same satisfactorily appearing to this court it is adjourned and decided that the said Last Will and testament was duly executed, that the same is genuine and valid and that the said Thomas Hutton at the time of executing the same was in all aspects competent to devise that the said last Will & Testament and the proofs & examinations taken in respect to the same be recorded and that the said last Will and Testament be admitted to probate and that the same as and hereby is established as a Will of Real and Personal Estate.
And no affidavit having been made and filed with my be Lega.. or next of Kin of the said deceased, .. any other .. interested in his Estate, setting fourth that such person intends to file with me any .. to the granting of .. testamentary upon said Will to the individual named therein as the Executor there of it is further ordered that such .. be granted to Abraham B Hutton named as executor to said Will and who applied therefor upon his taking and subscribing the oath by law required
E Payne Surrogate
Record of Last Will and Testament of Thomas S Hutton late of the County of Kanawha in the State o Virginia deceased relating to both Real and Personal Estate, and of the proof and examinations relating thereto…Recorded July 13th 1854
State of New York : Columbia County
Be it remembered that heretofore to wit on the fourteenth day of June in the Year Eighteen Hundred and fifth four, Abraham B. Hutton the Sole Executor named in the Last Will and Testament of Thomas S Hutton late of the County of Kanawha in the State of Virginia deceased appeared in open Court before the Surrogate of the County of Columbia and made application to have the said last Will and Testament which relates to both Real & Personal property Estate …
……….
Know All men by these presents that I Thomas S Hutton of the town fo Stugvcsant in the County of Columbia and State of New York, considering the uncertainty of this life and being of sound mind and memory do make declare and publish this my Last Will & Testament.
First
I give and bequeath to my brother's wife Charity Vance now a resident of the City of New York in such a manner as may be appeared of for her benefit by my good brother Abraham B Hutton, the undivided one half of the three thousand three hundred and eight five acres of land lying on Blue Creek in the County of Kanawha & State of Virginia. To have and to hold the same to her and her executors and administrators and … forever
Second
I give and bequeath to my beloved brother George W Hutton the remaining undivided One half of three thousand three hundred and Eighty five acres of land lying on Blue Creek in the County of Kanawha and State of Virginia, to have and to hold to him and his executors and administrators and .. forever
Third
I give and bequeath and de.. to my beloved brother Abraham B Hutton all that certain tract of land of which I am now .. lying in the Counties of Kanawha, Cabell & Boone and State of Virginia. Commonly called the Putney tract containing Seventeen thousand acres or .. of land. And also in consideration of his uniform kindness to me and my indebtedness to him for money advanced all the residue of my Estate Real personal or mixed, including money, notes, or accounts of which I shall die .. and … or which I shall be entitled at the time of decease. To have and hold the same to him and his Executors and Administrators and .. forever.
Fourth
I do nominate and appoint my brother Abraham B Hutton to be the Executor of this my Last Will and testament. In testimony where of I hereunto let my hand and seal and publish and declare this to be my Last Will and testament in presence of Witness named below, this tenth day of July in the Year of our Lord One Thousand Eight Hundred and Fifty two.
Signed Sealed declared & Publish by the said Thomas S Hutton as and for his Last Will and Testament in presence of us who at his request and in his presence, and in presence of each other, have subscribed our marks as witness here to Thomas S Hutton
H W Dryer Residing at Stuyvisant in Columbia County
P V Wendover Residing at Stuyvisant in Columbia County
Slagvesant July 10th 1852 State of New York
In the name of God, Amen