Deed & Wills
[Transcribed by Cindy Simmons]
(Email: SHINDEI2 (at) aol.com)
Nicholas A Simmons
Nicholas is the second son (and second child) of
Andreas Simon and Anna Margaretha Pulver.
He’s the grandson of
Johan Michel/ Michael Simon and Anna Barbara Bohnensteihl
Conrad Pulver and Anna Magdalena Sha(e)ffer.
1) Margaretha/Margaret Hummel
“SIMMON: Margaret, wife of Nicholas A., d. October 16, 1843, 69-18.
St. John’s Evangelical Cemetery, Manorton, Livingston, Columbia Co., New York”
2) Margaret Myers
(Nicholas and Margaret are buried next to each other.)
“SIMMONS: Nicholas A., d. May 17, 1864, 93-4-21
Margaret Myers, his wife, d. January 6, 1875, 82-8-7
St. John’s Evangelical Cemetery, Manorton, Livingston, Columbia Co., New York”
In the name of God Amen. I Nicholas A. SIMMONS of the town of Gallatin and County of Columbia being mindful of my mortality do this 23rd day of March in the year of our Lord One thousand Eight hundred and fifty seven make and publish this my last will and testament in manner and form following:
First, I give and bequeath unto my beloved Wife Margaret the sum of Fifteen Hundred Dollars ($1,500) in cash and also one feather bed, one bedstead, two pillows, one bolster, two pair sheets, two pair bed covers, two straw beds, one bedstead with the privilege of selecting them from my beds and bedding, also one stove together with all the _____ and furniture belonging that is six chairs, one bureau, one table, all of her own choice, one milk cow of her choice from the flock, one heifer raised by her now about three years old, and she is further to have her board out of my estate for six months after my decease and to have all of her funeral expenses paid and if she shall die during the said six months she is also to have all the _____ realized from the farm since our marriage over and above the expenses attesting the same and she is to also share all the articles made and accumulated in the family since our marriage and I further relinquish all claims or rights to any money or other property which she owns or ____ at the time of our marriage,
and I give and bequeath unto Hannah the wife of Elias PALMATIER, and sister of my Wife Margaret now living with us and if she shall continue so to do until my decease the sum of One Hundred Dollars ($100) _____ any wages that may be due at the time of my decease
and to Hannah MC DANIEL wife of Nicholas MC DANIEL for her kindness and attention to me and my family in ca___ of ______ and _____ I give the sum of fifty Dollars ($50) if she survives me
and I also give and bequeath unto Margaret STICKLES the daughter of my esteemed friend Frederick F. STICKLES, if she survives me, the sum of fifty Dollars ($50)
and I further give unto Catharine FRONK the daughter of Peter FRONK One Hundred Dollars ($100) if she continues to be with me or my wife until she comes of lawful age besides her earnings
and all the residue and remainder of my property after payment of my past debts and for funeral expenses is to be divided between my brothers and sisters equally to share and share alike that is Henry A. SIMMONS, John A. SIMMONS, Coonradt A. SIMMONS, Margaret widow of William ABRIAL, Sarah widow of William BEARTER and Catherine wife of George HOFFMAN, and whereas my said brother Coonradt A. SIMMONS kept and maintained by my said brother John A. SIMMONS and should he continue to do so until his death then he is to have my said brother Coonradt’s share if he should die before my decease, And I further order and devise that my said brother John shall not be bound to pay any interest on the debt he owes me until the first day of April next
I hereby appoint my trusty friends Frederick F. STICKLES, and Jacob BARRINGER, executors of this my Last Will and Testament and revoke all forms of Wills by me made.
In Witness whereof I have hereunto set my hand and seal the day and year ____ above written
Nicholas A X Simmons (L f)
The above Testament on this paper was now here subscribed by Nicholas A. SIMMONS in the presence of each of us and was at the same time declared by him to be his Last Will and Testament and was at his request signed our names hereto and attesting witnesses
Henry A. DU BOIS town of Livingston Columbia County
John P. SMITH town of Livingston Columbia County
Whereas I Nicholas A. SIMMONS of Gallatin and County of Columbia made my Last Will and Testament in writing dated the 23rd day of March 1857 and whereas I have herein made a disposition of all my Personal Estate according to my desire at that time, I now wish and this is my desire that ____ here as my brother in law Elias PALMATIER now with his wife living with me and have been to me very kind and obliging and a faithful and trusting servant I do therefore and for other considerations give to him said Elias PALMATIER after my decease my _____ or pair of _____ color or creamed colored horses and this my making shall be a codicil to my said Will and Testament hereto for made by me and amended to and made a part of my last Will and Testament as aforesaid to all intents and purposes.
In Witness whereof I have hereunto set my hand and seal and as my codicil to the Last Will and Testament dated 31st day of March 1858.
Nicholas A X Simmons (l f)
The above instrument now here subscribed by Nicholas A. SIMMONS in his presence of each of us and was at the same time declared by him to be a codicil to his Last Will and Testament, and in at his request signed our names hereto as attesting witnesses
William H SNYDERS Livingston Columbia Co
F Ch____ STICKLES Gallatin Columbia Co
AT A SURROGATE’S COURT, held in and for the County of Columbia, at the Surrogate’s Office in the City of Hudson, on the 16th day of June A.D., 1864
Present – Charles ESSELSTYN, Surrogate
In the matter of proving the last Will and Testament and Codicil amended of Nicholas A SIMMONS deceased.
Satisfactory proof having been made in the due services of the citation heretofore issued in this matter, requiring the proper persons to appear in this Court on the 16th day of June 1864, and attend the probate of the Last Will and Testament and codicil amended of Nicholas A. SIMMONS late of town of Gallatin, in the County of Columbia, deceased, said will bearing date the 23rd day of March in the year 1857; and said codicil on the 30th of March 1858; and the executors named in said Last Will and Testament, having appeared in person and by Henry MILLER Esq. their council in support of the proof of the same
And some of the heirs and next of kin of the said deceased, having also appeared, towit: Margaret SIMMONS, Catharine FULLMAN by her husband John W FULLMAN, John A SIMMONS and Caroline WHEELER by John C HOGEBOOM, Esq. her Council, Robert HOFFMAN, Griffin HOFFMAN, Eliza PUTNEY, William H SIMMONS, Jane SIMMONS, Frances TIPPLE, and James SIMMONS
And no other parties or persons having appeared in the said matter, and the said matter having been duly heard, and after hearing the proofs and allegations of the said executors and due deliberation being thereon had; and it appearing upon the proof taken that the said Last Will and Testament and codicil amended were duly executed; that the testator Nicholas A. SIMMONS, at the times of executing the same, was in all respects competent to devise and bequeath real and personal estate, of full age, and not under restraint; and the said Surrogate being satisfied of its genuineness and validity; and on motion of Council for said Executors, I it is adjudged and decreed, and the Surrogate of the County of Columbia, by virtue of the power and authority in him vested, doth adjudge and decree, that the said Last Will and Testament and codicil was duly executed; that the same are genuine and valid; that the said Last Will and Testament and the codicil amended and the proofs and examinations taken in respect to the same be recorded; and that the said Last Will and Testament and codicil be admitted to probate, and that the same be, and hereby is, established as a Will and codicil of Real and Personal estate.
It is further Ordered that Letters Testamentary thereon issued forthwith to the executors therein named upon their taking the oath prescribed by law, provided no valid objection thereto is made.
Charles ESSELSTYN, Surrogate
State of New York
Columbia County, __; William H. SIMMONS of the town of Kinderhook in said County being duly sworn says that on the 28th day of May 1864 he served the amended citation personally at Hudson in said County
On Caroline WHEELER wife of Peter G WHEELER and on the same day,
On John A SIMMONS at Red Hook Dutchess County; also on the same day
On Christian BECKER, Henry BECKER, John BECKER at Red Hook aforesaid by having to own leaving with each of them a copy of said citation
And on the 30th be served to amend citation on Nicholas HOFFMAN, of Rhinebeck and Robert HOFFMAN STAFORD, Griffin HOFFMAN and John H HOFFMAN at Rhinebeck, Dutchess County by handing to and leaving with each of them a true copy thereof
And on Margaret ABRIAL at Livingston Col. Co. on the 31st day of May 1864 personally by handing to and leaving with her a true copy thereof
And on Eliza PUTNEY wife of Joseph PUTNEY on the 1st day of June 1864 at Valatie by handing to and leaving with her a copy of said citation
That they are all of age as de_____ believes
Sworn to before ___ this first day of June 1864
Willin Hi ________
John M WELCH Com. of Deeds, Hudson, Hudson N.Y.
Columbia County __: John M WELCH of the city of Hudson in said County being duly sworn says that on the 28th day of May 1864 he personally served on William H SIMMONS the amended citation of handing to and leaving with him a copy, thereof as to city of Hudson aforesaid, and de_____ knew the said SIMMONS to be the same person questioned in said citation as one of the heirs and next of kin of Nicholas A. SIMMONS.
John M. WELCH, sworn to before this 1st day of June 1864.
P.M. _ORDAY Com. of Deeds, Hudson, NY.
THE PEOPLE OF THE STATE OF NEW YORK,
by the grace of God free and independent,
To all to whom these presents shall come, or may concern, and especially,
To Margaret SIMMONS widow of Gallatin, Columbia County,
John A.SIMMONS Red Hook, Dutchess County,
Margaret ABRIAL Livingston, Caroline WHEELER wife of Peter G WHEELER of Hudson, William H SIMMONS, Eliza PUTNEY Valatie, Jane SIMMONS wife of German SIMMONS, Francis TIPPLE wife of David TIPPLE of Copake all of the County of Columbia
James SIMMONS Schoharie County
Robert HOFFMAN STANFORD, Griffin HOFFMAN, Nicholas HOFFMAN, John HOFFMAN of Rhinebeck, Catharine FULLMAN wife of FULLMAN of Milan, Henry BECKER, Christian BECKER and John BECKER of Red Hook all of the County of Dutchess and all of the state of New York
Widow and next of kin of Nicholas A. SIMMONS late of the County of Columbia deceased.
SEND GREEETINGS: Whereas,
Frederick F. STICKLES and Jacob BARRINGER, named as executors in a certain instrument in writing, purporting to be the LAST WILL AND TESTAMENT AND CODICIL AMENDED of the said Nicholas A. SIMMONS, deceased,
DECEASED, and relating to Personal Estate, has applied for proof thereof, before our Surrogate of our County of Columbia. You are therefore hereby cited and required personally to be and appear (if you shall see fit) before the said Surrogate, at his office in the City of Hudson, on the sixteenth day of June 1864 at ten o-clock in the forenoon of that day, then and there to attend the Probate of said Will.
IN TESTIMONY WHEREOF, We have caused the Seal of Office of said Surrogate to be hereunto affixed. Witness, Charles ESSELSTYN, Esquire, Surrogate of our said County, at the City of Hudson, this twenty fifth day of May in the year of our Lord one thousand eight hundred and sixty four
Chas ESSELSTYN, Surrogate
Children of Andreas and Anna Margaretha Pulver Simon/Simmons:
1) Conrad (1768 – 1857)
m. 1) Maria Kellerhaus
and,“possibly” 2) Maria Beard
and “possibly” 3) Catharine________
2) Nicholas (above)
3) Sarah (b. ca. 1772) m. William Bearter
4) Margaretha/Margaret (b. 1774) m. William Abrial
5) Magdalena (b. 1777)
6) Johannes/John (1780 - 1869) m. Catharina Rivenburgh
7) Petrus (b. 1783)
8) Petrus (b. 1785) m. Catherine Clum
9) Elizabeth (b. 1786)
10) Catharina (1789 – 1864) m. George Hoffman
11) Heinrich/Henry (b. 1792)
12) Anna (b. 1796)
Other names listed in the will:
Hannah Palmateer – sister of Margaret Myers Simmons
Elias Palmateer – husband of Hannah
Elias’ first wife Rebecca Simmons is Nicholas’ niece and
daughter of John and Catharina Rivenburg Simmons
Nicholas (Andrew), John and Griffin Hoffman are nephews of Nicholas and
sons of George and Catharina Simmons Hoffman
What is their connection to Nicholas?
~ Catharine and John Fullman
~ Caroline and Peter Wheeler
~ Eliza and Joseph Putney
~ William H Simmons
~ Jane and German Simmons
~ Frances and David Tipple (Frances’ maiden name is Simmons.)
~ Robert Hoffman Stanford
~ Christian, Henry and John Becker
In 1850, a Nicholas McDerby is listed on the same page of the census and Nicholas Simmons. Hannah Simmons lived with him.
In 1860, Nicholas McDerby and wife Hannah are listed on the same page of the census as Nicholas Simmons.
So, could Nicholas McDaniel be Nicholas McDerby?
Margaret Stickles is the daughter of Frederick Stickles and domestic help of Nicholas.
Frederick Stickles is the executor of Nicholas’ will.
Catharine Fronk is the daughter of Peter Fronk and domestic help of Nicholas.
Jacob Barringer, executor.