In the matter of the estate of JAMES DAVIS of Watertown, Jefferson Co., NY:
PATRICK FLYN and THOMAS GOULDENG were appointed appraisers of the estate on 5 December 1857; James Davis died without a will. The widow, PATTY DAVIS, filed a complaint; she stated that James Davis deceased at Watertown on 27 November 1857. At that time, Patty was at Parishville, St. Lawrence Co. When she returned to Watertown on 30 Nov., in the evening, she learned that James had deceased. On the day of James decease, a nephew, Andrew Davis, had been appointed administrator of the estate without her knowledge or consent.
Patty continued in her complaint that the nephew had obtained the appointment by false representation. Named as heirs/next of kin in the petition to open probate:
ANDREW DAVIS, the petitioner
MARY SWEENY, wife of OWEN SWEENY
CATHARINE FINNEGAN of Watertown
BRIDGET, MRS. DONNAH
PETER FINNEGIN of Pernth? Liveen County of Sligo, Ireland
nephews and nieces of the deceased
Patty stated that she did not deny the relatives listed but she was the wife of the deceased and became his widow, entitled to share in the estate. The Letters of Administration that had been given to nephew, ANDREW DAVIS, were revoked. In a meeting at the probate court, Patty stated she had been the lawful wife of James Davis deceased. Her former husband, THOMAS WEATHERBY died at the village of Canajohari in NY state about 20 years since and she believes that he died suddenly in a fit for which he had been subject. He is buried in Canajohari by the side of Mrs. Wood, his sister, and Mrs. Wood is the mother of OTIS WOOD, now a merchant and resident of Gibbonsville near Troy in NY state, who was at the funeral and burial of Thomas Weatherby. Patty said she was taken by surprise by evidence that was given to prove the fact that said Weatherby was now living and had been seen long since her marriage with Davis. Further, Patty was so taken aback by the news of her living ex-husband that she was not prepared to defend herself in court with proofs. She stated she was quite aged and infirm and she was unfamiliar with legal proceedings. And, if Thomas Weatherby was still living he would be about 67 years of age. Patty deposed on 20 Dec. 1857. There was nothing further in the file.
Jefferson Co. NY Estate Papers Box D1-3.
Information contributed by volunteer Marilyn Sapienza.
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