WILL OF JOSEPH MAXSON OF NY & GUARDIANSHIP PAPERS

Contributed by Helen Maxson




Here is a will that I have typed up from one we obtained in Herkimer, Herkimer Co. NY. Words that were hard to read I have bracketed and added a ? to. Joseph Maxson is an ancestor of my husband Ray Maxson.

Helen Maxson
May 2001



WILL OF JOSEPH MAXSON OF NY with associated papers including guardianship papers for his sons Jonathan and Almerin Maxsen.

p. 513 Record of Wills, Book B. Herkimer Co., NY

(located in Court House in Herkimer, Herkimer Co. NY, under surrogate).

In the name of God amen I Joseph Maxsen of town of Norway County of Herkimer and state of New York being weak in body but of sound and perfect mind and Memory and blessed be Almighty God for the same, do make and publish this my last will and testament in manner and form following thatis to say

first I give and bequeath to my beloved wife Renewed Maxsen all my household furniture except fifty dollars worth which is given to my daughter Maria as mentioned beneath and one good cow to be delivered to her on the twenty first day of April eighteen hundred and twenty one and also provided she remains my widow I forthwith give and bequeath her the use and occupation of all my real estate and the products thereof and likewise the stock sufficient to support the family in a decent manner until the above mentioned time in 1821 at which time I further give and bequeath her one other good cow if she remains widow as above, I do further give and devise to my eldest son Jonathan Maxsen and to my second son Almiren C. Maxsen jointly all my (messuage?) or tenement in the town of Norway aforesaid except the right of dower which belongs legally to my wife aforesaid and also further give and bequeath them all my personal property except what is otherwise disposed of which may remain and be on hand on the 25 day of April 1825 after paying all the legal debts against the estate and all which may be made (necessary?) for the support of the family until the above named time (of?) 21 the above devise and bequeath is made to my two eldest sons above named upon this (express?) [ that they shall pay the several (legacies?) mentioned in this will ] condition and (met?) other wise that they shall live at home and labor on the farm and assist in supporting the family until the time above mentioned in 1821 at which time they are to take possession of the property above named.

To my only daughter Maria Maxsen I give and bequeath fifty dollars without interest to be paid to her at the age of twenty one years by my two eldest sons and also fifty dollars worth of househole furniture to be delivered to her by my wife Renewed aforesaid at the same time, And I do further give and bequeath to my son Horace Maxsen the sum of one hundred dollars without interest to be paid to him by Jonathan and Almerin at the age of twenty one years.

To my son Daniel Carpenter Maxsen I do also give and bequeath the sum of one hundred dollars to be paid without interest by two eldest sons aforesaid when the said Daniel C. shall arrive to the age of twenty one years and to my youngest son Alexander (P.?) Hansen Maxsen I give and bequeath one hundred dollars to be paid to him at twenty one years without interest by my two eldest sons and it is further my will that the first mentioned cow given to my wife be delivered to her at any time after my decease, And I do hereby appoint Renewed Maxsen my wife aforesaid sole Executrix of this my last will and testament hereby revoking all former wills by me made in witness whereof I have hereunto set my (hand?) and seal the first day of August one thousand eight hundred and sixteen signed, sealed published and (declared?) by the above named Joseph Maxsen to be his last will and testament in presence of us who have hereunto set our hands as witnesses in the present of the (testator?).

Roland Sear
Danfeith Doty                    Joseph Maxsen
Levi Brainand

The foregoing is a true copy of the last will and testament of Joseph Maxsen deceased proved? on the twentieth day of February one thousand eight hundred and eighteen on the oath of Roland Sears esquire of the subscribing witness Abyah Lambling
        Surrogate

Herkimer County ss
L.S.... Be it remembered that on the twentieth day of February one thousand eight hundred and eighteen personally appeared before me Roland Sears Esqr one of the subscribing witnesses to the last will and testament of Joseph Maxsen deceased, who being duly sworn (deposed?) and said that he saw the testator sign seal and publish the foregoing as his last will and testament, and that he appeared to be of a sound desposing mind and memory, that he the deponent together with the other two subscribing witnesses all in the presence of the testator and of each other did severally subscribe their names as witnesses to the said will and further said (not?).
            Abyah Lambling        Surrogate

Herkimer County ss

L.S.... Be it remembered that on the twentieth day of February one thousand eight hundred and eighteen before Abyah Lambling Esqr Surrogate in said County of Herkimer came Renewed Avery late widow of Joseph Maxsen executoress in the said will named ( who being duly sworn will and truely to execute the same thereupon letter of testamentary? was thereupon granted.
    Abyah Lambling
        Surrogate



Herkimer County, ss.
The People of the state of New York, by the grace of God, Free and Independent: To all to whom these Presents shall come: - Greeting. KNOW YE THAT, at Herkimer in said County, on the twentieth day of February in the year one thousand eight hundred and eighteen before Abyah Lambling Esquire, Surrogate in and for said county, the last will and testament of Joseph Maxsen late of said county deceased, a true copy whereof is hereto annexed, was proved, and now is approved and allowed of by us; and the deceased having whilst he lived, and at the time of his death, goods, chattels and credits, within this State, by means whereof the proving and registering the said will, and granting administration of the said goods, chattels and credits, and the auditing, allowing and final discharging the account thereof doth belong unto us; the administration of all and singularly the said good, chattels and credits of the said deceased, and every way concerning the said will, is granted unto Renewed Avery late Renewed Maxsen & widow of Joseph Maxsen, the Executrix in the said will named, she being first duly sworn well and faithfully to administer the same, and a just and true inventory of all and singular the goods, chattels and credits to make and exhibit into the office of the said Surrogate, within 6 calendar months from the date hereof, and to render a true account thereof when thereunto lawfully required.

In testimony whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness Abyah Lambling Esquire, Surrogate of our said county of Herkimer, this twentieth day of February in the year one thousand eight hundred and eighteen and of our Independence the forty second.
Abyah Lambling
Surrogate



(Guardianship papers)

Surrogates Court Herkimer County
in the Matter of the estate of
Manson, Almerin ( Note Manson was written Manson, Jonathan instead of Maxsen.)
minors

04891 ( file number)

Know all men by these presents , that we,

Ira Coe & Roland Sears

are held and firmly bound unto Jonathan Maxsen infant of the town of Norway and county of Herkimer, in the sum of four hundred dollars, to be paid to the said Jonathan his heirs, executors, administrators or assigns for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, each and every of us and them jointly and severally, firmly by these presents. Sealed with our seals, and dated this twentieth day of February in the year of our Lord one thousand eight hundred and eighteen.

The Condition of this Obligation is such, that if the above bounded Ira Coe shall faithfully in all things discharge the duty of a Guardian to the above named Infant, according to the laws of the state of New York, and render a true and just account of such Guardianship before any court having cognizance thereof when thereunto required, then this obligation to be void and of none effect, otherwise to remain in full force and virtue.
Sealed and delivered
in presence of
A. Lambling        Ira Coe

Roland Sears



Know all men by these presents, that we,

Ira Coe & Arnold Willoughby

are held and firmly bound unto Almerin Maxsen infant of the town of Norway and county of Herkimer, in the sum of four hundred dollars, to be paid to the said Almerin Maxson his heirs, executors, administrators or assigns for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, each and every of us and them jointly and severally, firmly by these presents. Sealed with our seals, and dated this twenty seventh day of March in the year of our Lord one thousand eight hundred and eighteen.

The Condition of this Obligation is such, that if the above bounded Ira Coe shall faithfully in all things discharge the duty of a Guardian to the above named Infant, according to the laws of the state of New York, and render a true and just account of such Guardianship before any court having cognizance thereof when thereunto required, then this obligation to be void and of none effect, otherwise to remain in full force and virtue.         Sealed and delivered         in presence of                 Bryant Burwill        Ira Coe

Arnold Willoughby


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Created 6/5/01
Copyright © 200q Helen Maxson
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