HERKIMER/ MONTGOMERY COUNTIES
WILLS & DEEDS BULLETIN BOARD, Part 2

Herkimer County Surrogate Court Record

for the Estate of

William Harlow Roscoe

[file no.] 06283

Herkimer County, Surrogate's Court, ss.

In the matter of the Personal Estate of

    William H. Roscoe Deceased

Russel Roscoe of the town of Frankfort in the county of Herkimer being duly sworn, doth depose and say, That this deponent is the father of William H. Roscoe late of the town of Frankfort in the county of Herkimer deceased; that the said William H. Roscoe died in the town of Frankfort in the county of Herkimer on or about the twenty fifth day of August 1847 that at or immediately preceding the time of his death he was an inhabitant of the county of Herkimer and left goods, chattels or credits, in the county of Herkimer that said deceased has left no last will or testament

that said deceased left no widow but kindred entitled to his estate as follows, namely:--

your petitioner the father--the deceased being a single man and being unmarried And the deceased also left three brothers David, Daniel, Sherman Roscoe--the said David and Daniel reside in Frankfort Herkimer County and Sherman Roscoe resides in Aurora Erie County New York

that the goods, chattels and credits of said deceased do not, in the opinion of this deponent, exceed in value the sum of three hundred and fifty dollars

Sworn this 7th day of
September 1847 before me,
Russel Rosco (signature)
[transcriber's note: "Rosco" first written as "Rusco" then "o" closed to make "u"; no final "e"]
surrogate.

To the Surrogate of the County of Herkimer

I Russel Roscoe of the town of Frankfort and county of Herkimer pray that Letters of Administration of the estate of William H. Roscoe deceased, may be issued to your petitioner and I further consent and agree, that David Roscoe be joined with me in said Administration.

Russel Rosco (signature)

[transcriber's note: Surname written as "Rosco"; no final "e"]

Dated this seventh day of September 1847

(Transcribed by Kathy Schaefer, August 14, 1999)

BENAJAH SLACK

Columbia County Deed Book A, page 17

Registered this twenty eight day of August in the year of our Lord one thousand seven hundred and eighty seven %7E%7E%7E%7E%7E%7E%7E Know all men by these presents I Eli Neece of Kinderhook District and County of Columby and State of New York yoman Do for and in the concideration of one hundred and thirty pounds good and Lawful money of the State above said for which sum paid to me in hand and in concideration thair of Do Bargin Sell ConVay and forever quit claim unto Samuel Wheeler of Kings District and County above said yoman all my wright and title Claim or Claims or Demand unto a sartin tract of land with all the labour thair on to gather with all the aportainances thair unto Belonging to his own use and Behoof. It Being and liing in the District of Kinderhook and formerly the land possessed by Cornelis Dickman Lying and Bounded as followeth [there is a word here I can't decipher] Beginning at the South East Corner of the Land of Isaah Coffa at a Stake and heap of stones and thenc East ward By John Cornealous Land to a stake and stones thence Northward a Long By the Land of Wm Northrop to an Elm tree thence Eastward by the Land of hank Stevas to a Stake and Stones and thence a Long said Steverth Land to Cornall Vanas's Land too a Stake and Stones thence a Long Vanass Land to a stake and stones at Benajah Slacks Land thenc a Long said Slack's Land to a Stake and Stones thence West Ward along said Slack's Land to a stake and stones at said Coffa's Land and thence south ward to a stake and stones from thence a Long said Coffa's Land to the furst mentchaned Bownd to have and to hold and to injoy so that I nor my heirs or assigns Executors or administrators or any ever under me all ever hinders the above said Samuel Wheeler or his hair or asigns or Executors or administrators peacably in joying the same in witness hereof I hav set my hand and seal this twenty fifth day of Augest in the year of our Lord one thousand seven hunderd and eighty seven. Signd sealed and delivered in presents of Nathan [Wheeler?] Eli Neice (L) S__ Wheeler Aaron Wheeler Acknowledged by the said Eli Neece to be his act and deed executed for the purposed therein mentioned before Peter Silvester Esquire on the twenty eight day of August in the year aforesaid.
A true Copy from the original.
John Van Rensselaer

WILL OF GILES SISSON

210

I Giles Sisson of the Town and County of Herkimer in the State of New York being of sound mind and composed memory do make publish and declaim this to be my last will & Testament. First, after my decease I will that my body be interred in a humble & decent manner as my Executors may think propper. Second, I will that all my just debts be paid which are not much having had my accounts generally adjusted and settled. Third I request a great and true Inventory be made of all my property at my [two words - can't read]. After the payment of my just debts out of my property I will the residue be equally divided between my children share and share alike and further to my wife I leave the management of my property for the benefit of my children so long as she continues my widow and so long she shall have her subsistance out of my property. and I do hereby constitute and appoint my friends Samuel Smith, Christ.r P. Bellinger and William Alexander my Executors in full and perfect confidence of their proving this my last will and Testament carried into full Efect. In witness whereof I have hereunto set my hand and seal and published this to be my last will and Testament this sixth day of February one thousand eight hundred and eleven

Present Giles Sisson S.S.
John Alexander
Thomas Smith
Thomas Gould

Herkimer of the foregoing is a true copy of the last will and Testament of Giles Sisson deceased proved this 23rd day of July 1811 Thomas Smith and
D. Chapman Surrogate

211

Herkimer Co. Ss.

Be it remembered that on the 23d day of
July 1811 of our independence the thirty sixth personally appeared before me Dan Chapman Surrogate in & for the County of Herkimer Thomas Smith one of the subscribing witnesses of the foregoing Instrument purporting to be the last will & Testament of Giles Sisson late of the town of Herkimer in the said County Deceased who being by me first duly sworn deposeth & saith that he saw the Dec'd Giles Sisson sign seal & publish the foregoing instrument as his last will & testament That he the Said deceased was of a sound disposing mind & memory that he this deponent in presence of the Testator did subscribe his name as a witness thereunto. That he this deponent did see John Alexander & Thomas Gould subscribe the said Will as Witnesses in the presence of the testator and further saith not

Dan Chapman Surrogate

Herkimer County Ss.

Be it remembered that on the 23d of July 1811 and of our Independence the thirty sixth personally appeared before me Dan Chapman Surrogate for the County of Herkimer Samuel Smith, Christopher P. Bellinger & William Alexander executors of the aforesaid Will named of Giles Sisson Deceased and were duly sworn to the due execution of & performance of the same Will by taking the oath of executor as by Law required & therupon Letters Testamentary were granted.
Dan Chapman Surrogate

Herkimer County Ss.

The People of the State of New York by
the grace of God free & Independent
To all to whom these presents shall come Greeting. Know Ye that at Herkimer in the County of Herkimer on the 23d of July 1811 & of our Independence the thirty sixth before Dan. Chapman Esquire Surrogate of our Said County the last will & testament of

212

Giles Sisson late of said County deceased a true copy wherof is hereunto annexed was proved & now is approved & allowed of by us the deceased having whilst he lived and at the time of his death Goods chattles & Credits within this State by means whereof the proving & Bequesting of the said Will bind the granting administration of said goods chattles and credits and also the auditing allowing & final discharging the account thereof doth belong unto us the administration of the goods chattles & Credits of the said deceased and any way concerning the said will is granted unto Samuel Smith, Christopher P. Bellinger & William Alexander executors in the Said Will named, they being first duly sworn well and faithfully to adminster the same and to make & exhibit a true & perfect inventory of all and singular the said goods Chattles & Credits and also to render a just and true account thereof when required.

In testimony whereof we have caused
the seal of Office of Our said Surrogate to be hereunto affixed
Witness Dan Chapman Esquire Surrogate of our said County
of Herkimer this 23 of July - one
Thousand eight hundred & eleven & of our Independence the thirty sixth

Dan Chapman Surrogate

Herkimer County, Surrogate's Court, ss.

In the matter of the Personal Estate of DEMUS DAVIS, deceased.

Elmira Davis of the town of Schuyler in the county of Herkimer being duly sworn, doth depose and say, That this deponent is widow of Demus DAVIS late of the town of Schuyler, in the county of Herkimer deceased; that the said Demus DAVIS died in the town of Schuyler in the county of Herkimer on or about the 21st day of December 1832 that at or immediately preceding the time of his death he was an inhabitant of the county of Herkimer and left goods, chattels or credits, in the county of Herkimer that said deceased has left no last will or testament as this deponet has___ or ___ that said deceased left a widow X kindred entitled to his estate, as follows, namely: This deponent his widow and two infant children Seth? Franklin Davis and Demas Nehemiah Davis that the goods, chattels and credits of said deceased do not, in the opinion of this deponent, exceed in value the sum of seven hundred & fifty dollars. Elmira Davis

Sworn this 1st day of April 1833 before me, A. Loomis, Surrogate

Surrogates Court--County of Herkimer

In the Matter of the Application of Charles Davis for Letters of Administration of the goods, chattels and credits of Judson E. Davis, deceased.

To the Surrogates Court of the County of Herkimer:

The PETITION of Charles Davis of the town of Frankfort in the county of Herkimer, State of New York, respectfully shows:

That on or about the 12th day of July 1892, Judson E. Davis late of the town of Frankfort in the said County of Herkimer, departed this life at the residence of your petitioner in the town of Frankfort in said County of Herkimer, without leaving any last will and testament, to the best of your petitioners knowledge, information and belief, and that said deceased was at, or immediately preceding his death, a resident of said county of Herkimer.

That said deceased while living and at the time of his death, was possessed of personal property but no real estate and that as your petitioner is informed and verily believes, the value of the personal property of which the said deceased died possessed undiminished by debts does not exceed Six hundred dollars, and that the value of the real estate unencumbered by debts does not exceed nothing dollars.

That said deceased left no widow and no child or children or the descendants of any father or mother but left the following named persons his only heirs at law and next of kin, viz:

Charles Davis (your petitioner), brother of Frankfort, N.Y.
Morris Davis brother of Frankfort, N.Y.
Merral Davis brother of Frankfort, N.Y.
Henry Davis brother of Albany, N.Y.
Melissa Thomas sister of Lakeport, N.Y.
Milletta Tallman sister of Lakeport, N.Y.

all of who are of full age and of sound mind. That your petitioner is a brother of said deceased, of full age, and as such is entitled to administration upon the estate of said deceased. Wherefore your petitioner pray for a decree awarding letters of administration upon the goods, chattels of the said Judson E. Davis deceased, to your petitioner Charles Davis of Frankfort, N.Y., and that JOHN ROSCOE of Frankfort, N.Y., a competant person may be joined with him as coadministrator Dated the 21st day of July 1892.

In the matter of proving Will of personal property of Peter H. Walrath deceased
Petition
(filed May 18,1831)

To Tobias A. Stoutenburgh Esquire Surrogate of the County of Montgomery
The Petition of Thomas Easton of the town of Palatine in the said County of Montgomery.
Respectfully Showeth:

That Peter H. Walrath late of the town of Palatine in the County of Montgomery died a natural death on ________ at the said town of Palatine, in the said county, leaving a last will and testament. That he the said deceased, did therein and thereby appoint your petitioner executor of his said last will and testament. That the said deceased died leaving William P. Walrath, Peter P. Walrath, Gilbert Storms & Caty his wife, Thomas Easton& Eve his wife, Caleb Davis & Betsy his wife, Henry Fuller & Nancy his wife, James W. Hees & Gertrude his wife, Eve Walrath, his widow, and Mary Ann Fuller, Alva Fuller, and Peter Fuller his grandchildren, the children of his daughter Margaret deceased, Jesse Matoon & Mary Barbara his wife, by means whereof as your petitioner has been informed and truly believes the Surrogate of the said County has sole and exclusive power to take the proof of the said last will and testament of the said deceased. That your petitioner being desirous that the said will should be admitted to proof and letters testamentary thereon be granted to you petitioner, therefore pray a citation issuing out of and under the seal of this honourable court, requiring the said William P. Walrath, Peter P. Walrath, Gilbert Storms & Caty his wife, Caleb Davis & Betsy his wife, Henry Fuller and Nancy his wife, James W. Hees & Gertrude his wife, Jesse Matoon and Mary Barbara his wife, Eve Walrath his widow and Mary Ann Fuller, Alva Fuller, Peter Fuller, his grandchildren, the children of his daughter Margaret deceased, personally to be and appear when and where this Honorable Court direct, to oppose or support as they may see fit, the probate of the said last will and testament. And you petitioner will ever pray to. Your petitioner further states and says that, he has been informed and believes true, that James W. Hees & Gertrude his wife live in the State of Ohio, and that a notice cannot be personally served on them: And that Jesse Matoon & Mary Barbara his wife live in the County of Oswego; and therefore prays that this Honourable Court may order a notice to be published in some newspaper to give notice to the above mentioned James W. Hees & Gertrude his wife & Jesse Matoon & Mary Barbara.

Thos. Easton_____(his signature)

Montgomery County SS: Thomas Easton the above petitioner being duly sworn doth depose and say that the matters set forth in the foregoing petition are true to the best of his knowledge, information, and belief.
Sworn this Eigteenth day of May 1831 before me

Tobias A. Stoutenburgh Surrogate

(signed)

Notation on cover sheet that June 6, will proved as to personal property

In the matter of proving Will of the Real Estate of Peter H.
Petition
(filed Aug.1, 1831)

To Tobias A. Stoutenburgh Esquire Surrogate of the County of Montgomery
The Petition of Thomas Easton & David W. Fuller
Respectfully Showeth:

That your petitioners are the executors named in the last will and testament of Peter H. Walrath, late of the town of Palatine in the County of Montgomery, deceased. And are desirous to have proof thereby taken, as of a will of Real Estate, according to law. And your petitioners further show, that they have caused notices to be duly served on Peter P. Walrath, William P. Walrath, Eve Walrath widow, Gilbert Storms & Caty his wife, Jesse Matoon and Mary Barbara his wife, David W. Fuller, the father andguardian of Mary Ann Fuller, Alva Fuller, & Peter Fuller, James W. Hees & Gertrude his wife, the heirs at law of the said deceased, as will more fully appear, by affadavit of such service which your petitioners, will produce to this court, at the time assigned for the hearing of this matter.

Your petitioners therefore pray that they may be permitted to produce before this Court the subscribing witnesses to said will and such other necessary proof, as by this Court may be deemed proper, and your petitioners will ever pray be

Dated August 1st 1831
Thos Easton
David W. Fuller
(their signatures)

In the matter of the estate of Peter H. Walrath deceased
Renunciation of William P. Walrath as Executor
filed July 8th, 1831
To the Surrogate of the County of Montgomery
I, William P. Walrath an executor named in the last Will & testament of Peter H. Walrath late of the County of Montgomery do hereby renounce the same.
dated July 7th, 1831

William P. Walrath
(his signature)
Phebe Mariah Lyon
David W. Fuller
(signature of witnesses)