Surrogate Court for County of Herkimer

Probate Records for Pardon Burdick of Frankfort, Herkimer NY 1840

 

"Extractions from Pardon Burdick's Probate, Herkimer County Records, File 00346."

"To the Surrogate of the County of Herkimer:
The Petition of Samuel Paddock of the town of Frankfort in the county of Herkimer, respectively represents, That your petitioner was the neighbor of Pardon Burdick late of the town of Frankfort in the county of Herkimer, deceased, and is an Executor named in the last will and testament of the said deceased, which is herewith presented to the Surrogate, and which your petitioner received from the testator in his life time who requested petitioner to keep the same in his custody -

and your petitioner prays that such proceedings may be had thereon, that the same may be admitted to probate as a will of personal property, and may be proved and recorded as a will of real property. And your petitioner further represents that the said Pardon Burdick died at his own residence in the town of Frankfort in the county of Herkimer, on or about the 19th day of March 1840, leaving real and personal property in the county of Herkimer, and leaving no widow and no children but next of kin whose names places of residence are as follow viz Alpheus Burdick who resides in Hopkinton State of Rhode Island and Wedon Burdick who resides in the town of Pitcher County of Chenango and state of New York and that the above named persons are all and the only heirs at law of said Pardon Burdick deceased, to the best of his knowledge, information and belief."

This first document ends with signatures: Samuel PADDOCK before Surrogate Ch. S. BENTON on April 1[6]th, 1840.

A following document records more kin: Sabra CHAMPLIN, widow of _____ CHAMPLIN, and the children of Wedon BURDICK, "…[son] of said [deceased] viz" Sebens BURDICK, Willet BURDICK, Horace BURDICK, Sophia, wife of Gardner CARPENTER, Catharine, wife of David WELLS, Manilla (Marilla?), wife of ______ JOHNSON, Wealthy, wife of Matthew WELLS, Jr., and Gardner BURDICK.

A notice was posted in the Albany Evening Journal for six weeks starting May 21st:

"STATE OF NEW-YORK, CITY AND COUNTY OF ALBANY,
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 Alpheus Burdick and Sebra Champlin, widow, residing in Hopkinton in the state of Rhode Island; Sebens Burdick, Willet Burdick, Horace Burdick, Gardner Carpenter and Sophia his wife, David Wells and Catharine his wife, ______ Johnson and Marilla (sic) his wife; residing in Lincklaen, Chenango county and state of New York; to Matthew Wells junior and Wealthy his wife, residing in De Ruyter, Madison county and state of New York, and to Gardner Burdick, whose place of residence is unknown, greeting.
Whereas Samuel Paddock, the only executor of the last will and testament of Pardon Burdick deceased, has this day offered the said will for probate before Charles S. Benton, surrogate of the county of Herkimer: you are therefore hereby cited to appear before the said surrogate, at his office in the town of Little Falls in the county of Herkimer, on the 6th day of July 1840 at ten o'clock in the forenoon, to attend, if you see fit, the probate of the said will, and to shew cause, if any you have or know, why the same should not be admitted to probate and proved as a will of real and personal property according to law.
Given under the hand and seal of office of our said surrogate (L. S.) at Little Falls in said county, on the 19th day of May, eighteen hundred and forty.
63Fm21-6w CH. S. BENTON, Surrogate."

A second, similar notice was posted, again in the Albany Evening Journal, on July 14th for six weeks. This notice addressed only one couple, _______ JOHNSON and his wife Manilla (sic), "whose place of residence cannot on diligent inquiry, be ascertained…"

Seldon HARVEY signed two statements during the summer certifying that he had provided copies of the official papers to next of kin whom he specified. (The first of these statements is particularly hard to read, but the signature in the conclusion is of interest; tentatively deciphered, "Sworn Before me this 3rd Day of July 1840 Diodate Hungerford…")

On Sept. 7, 1840, George WOOD appeared before Surrogate Ch. S. BENTON and deposed as follows:

"George Wood of the town of Paris in the county of Oneida being duly sworn and examined, doth depose and testify, That he was acquainted with Pardon Burdick (now deceased,) in his life time; - that this deponent saw the said Pardon Burdick subscribe the instrument now shown to the deponent, purporting to be the last Will and Testament of the said Pardon Burdick bearing the date the thirteenth day of December in the year eighteen hundred and thirty eight and that the said Pardon Burdick at the same time declared the said instrument to be his last Will and Testament; - and that the deponent, together with Anson S. Burpee the other subscribing witness to said Will, subscribed his name as a witness…"

Anson S. BURPEE signed a similar deposition on the same date, and on this day, Sept. 7, 1840, the probate papers were filed.

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Brackets enclose material that was not positively decipherable.
Abstract and transcription of sections by Dorinda Partsch, November 11, 2003.

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