JEFFERSON COUNTY, NEW YORK


WILLIAM DEXTER'S ESTATE

Jefferson County, New York Surrogate Court Will Book Vol. 4, Pages 348 - 352

Order

At a Surrogate's Court held in and for the County of Jefferson at the surrogate's office in Watertown in said county October 13th 1856.
Present Jas. R. A. Perkins surrogate.

In the matter of proving the last Will and testament of William Dexter deceased.
Be it remembered that on the thirteenth day of September 1856 Zadock Dexter of Henderson came before said surrogate and made and filed his petition on oath stating and thereby said magistrate was satisfied that William Dexter was an inhabitant of said county owning real and personal estate therein had died having previously duly made and published his last Will and testament disposing of said estate and therein named said Zadock Dexter executor thereof. That the heirs and next of kin of said deceased are as follows and none others viz:
Pamelia M. Rundell, wife of Gustavus D. Rundell of Adams in said county, a daughter of said deceased of full age and Norman Smith and Delisle Smith residing in Ellisburgh in the state of Indiana minors having no general guardian children of Diesta Smith deceased, are grandchildren of the testator. That Julia Dexter of Henderson aforesaid of full age is the widow of the said testator. And by said petition it was prayed that a citation might issue out of and under the seal of this court to be directed to the proper persons pursuant to the statute requiring them and each of them at such time and place as should be in said citation mentioned to appear and attend the probate of said Will and that such further or other proceedings in the premises should be duly had as might be sequester for proving and recording said Will and granting probate and letters of testamentary thereof. Therefore said surrogate being satisfied of the truth of the matter stated and set forth in said petition and on reading and filing the consent of Lysander H. Brown of Watertown aforesaid an attorney at law to be appointed and to serve as special guardian for said minors in this matter did appoint the said Lysander H. Brown such special guardian for the sole purpose of appearing for the said minors same taking care of their interests in this proceeding and did also issue a citation under his hand seal of office bearing date the thirteenth date of September 1856 directed to the persons above named stating their names and places of residence respectively, and to said special guardian stating his name and place of residence and that Zadock Dexter the executor in said Will named had applied to the said surrogate to have the same proved as a Will of real and personal estate and requiring them personally to be and appear before said surrogate at his office in Watertown aforesaid on the thirteenth day of October 1856 at ten O Clock on the forenoon of that day and attend the probate of said Will. Whereupon process was continued until the return day thereof at which time and place last mentioned appeared in court before said surrogate the said Zadock Dexter executor aforesaid and made and filed proof by affidavit of the due service of said citation personally, according to deliver on all the persons to whom it was directed and the said Lysander H. Brown also appeared as such special guardian aforesaid and no one appearing in opposition to the proceeding herein the said surrogate did proceed to hear the proof and allegations in the premises. The said Will was produced and Austin W. Ingraham and Noah Watkins Buel the subscribing witnesses to said Will were severally duly sworn and testified as such witnesses and their testimony after having been reduced to writing was carefully read over to and subscribed by them respectively and the same Will after was recorded as follows hereinafter. Whereupon said surrogate being satisfied from said proofs and examinations that said Will was thus duly executed, that the testator at the time of executing the same was of sound and disposing mind memory and understanding of full age and not under any restraint and competent to make a Will, and that said Will was duly made and published as a Will of real and personal estate Doth order adjudge and decree that the said Will be and the same is hereby proved approved established and confirmed as a good and valid Will of real and personal estate and that the same be recorded as such, and the same with the proofs thereof taken and the certificate thereon enclosed is recorded in the office of said surrogate in the book kept for that purpose and the record follows immediately hereinafter in this book. And it is further ordered that letters testamentary issue to Zadock Dexter the sole executor in said Will named. Witness Jas. R. A. Perkins surrogate of said county

At Watertown aforesaid the day and year first above written
Jas. R. A. Perkins, Surrogate

Recorded October 13, 1856
Jas. R. A. Perkins

Will

In the name of God Amen. I William Dexter of the town of Henderson in the county of Jefferson and the State of New York of the age of sixty six and being of sound mind and memory do make publish and declare this my last Will and testament in manner following that is to say:

First I order and direct that my executor hereinafter named pay all my just debts and funeral charges as soon after my decease as conveniently may be

Secondly I give and bequeath to my wife Julia to be accepted and received by her in lieu of dower a follows viz All her and my wearing apparel. All my household furniture knives and forks crockery spoons and tin ware stove and stove pipes cooking and washing utensils and carpets excepting one cherry bureau The above mentioned property excepting the bureau named I give and bequeath to her my wife Julia and to her heirs and assigns forever. And I give and bequeath to my wife Julia the lawful annual interest of fifteen hundred during her natural life. Said interest money to be paid to her annually from the date of my decease. In addition to the above I give and bequeath to my wife Julia twenty five dollars for pocket money to be paid to her immediately after my decease or as soon after my decease as conveniently may be. I also give and bequeath to my Julia a home somewhere in the County of Jefferson and the State of New York worth from seven hundred dollars to eight hundred dollars to be purchased by my executor hereafter named not to be worth less than seven hundred dollars nor more than eight-hundred dollars. And the deed thereof to be worded that the said Julia, my wife shall hold and own the same during her natural life and she remain my widow and then to go to my grand children Norman Smith and Delisle Smith as they shall each respectively attain the age of twenty five year and to their heir and assigns forever.

Thirdly I give and bequeath to my daughter Pamelia Rundell the wife of Gustavus D. Rundell one cherry bureau to her and her heirs and assigns forever. I also give and bequeath to my daughter Pamelia Rundell the annual interest of fifteen hundred dollars; said interest money to be paid to her annually from my decease during her natural life but in case she shall be come a widow then the said interest shall cease to be due her and the principal fifteen hundred dollars shall be paid over to her which I give and bequeath to her on the condition expressed above that is in the case she shall become a widow and to her heirs and assigns forever. In case she shall have personal issue child or children and her said husband Gustavus D. Rundell shall survive her then I give the fifteen hundred dollars to her personal issue child or children to children his her or their as the case may be heir and assigns forever. I also give and bequeath to my daughter Pamelia Rundell my village lot of half an acre of land with house and barn thereon in Smithville town of Adams Jefferson County and State of New York together with all the hereditaments and appurtenances thereunto belonging or in any wise appertaining to have and hold the said premises during her natural life and then if she shall leave at her death personal issue child or issue children to such children his her or their as the case may be heirs and assigns forever. But in case my said daughter Pamelia Rundell shall become widow then in that case I give and bequeath the said premises to her and to her heirs and assigns forever.

Fourthly I give and bequeath to William Monroe Dexter who once lived with me as an adopted son and whom I named three hundred and twenty five dollars to be paid to him his heir or assigns one year after my decease.

Fifthly I give and bequeath to the American Bible Society formed in New York in the year eighteen hundred and sixteen the sum of fifty dollars to be applied to the charitable uses and purposes of said society payable at the decease of Julia my wife.

Sixthly I give and devise to Norman Smith and Delisle Smith my grand children and to her heirs four hundred and fifty dollars. To Lucinda Pierce my niece and her heirs I give and bequeath five hundred dollars. To William Monroe Dexter aforesaid and heirs I give and devise five hundred dollars; these three last above mentioned legacies amounting to fourteen hundred and fifty dollars in all are to be paid on the demise of my wife Julia.

Seventhly Whereas I am warrantee of Land Warrant No. 38,992 for forty acres issued under the Act of Congress of September 28 1850 dated the th day of January 1852 which said land warrant was and is lost and whereas legal measures have been taken to obtain a duplicate of said warrant and it may not be received so as to be legally dispersed of by me prior to my decease I therefore in that case request order direct and empower my executor hereafter named to sell and duly transfer assigned make over to the said to the purchaser his heirs and assigns forever the said duplicate warrant and authorized him to locate the same and receive a patent therefore and my said executor to give my estate credit for the net proceeds relating thereto.

Eighthly If these shall be any thing left of my estate after fully meeting & satisfying and paying off the foregoing legacies gifts and bequests I give and bequeath the same to the heir of my brother Zadock Dexter.

Ninthly and lastly I hereby appoint my brother Zadock Dexter sole executor 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 this thirteenth day of August in the year of Our Lord one thousand eight-hundred and fifty six. The word "heirs" in the 36th line and the word "and" at the left end of the 72nd line and the word "Julie" in the 73rd line from the beginning written partially on an erasure before signing. William Dexter S.S.

The above instrument consisting of one sheet we saw William Dexter the tester therein mentioned sign and seal at the date thereof and he about the same time acknowledged to us and each of us that he had signed and sealed the same and he had signed and sealed the same and he declared to us at the same time the same to be his last Will and Testament and we therefore at his request and in his presence and in the presence of each other signed our names thereto as acting as witnesses.

A. W. Ingraham of Ellisburgh Jeff. Co.
N. Wotkyns Buel of Ellisburgh Jeff. Co.

Testimony
State of New York
Jefferson County Surrogate's Court
Before Jas. R. A. Perkins Surrogate

In the matter of proving the Will of the real and personal estate of William Dexter deceased County of Jefferson S.S. Austin W. Ingraham of the town of Ellisburgh in said county being first duly sworn, deposeth and saith that on the thirteenth day of August 1856 at Henderson in the county aforesaid he saw William Dexter deceased subscribe the instrument now shown to this deponent, and which purports to be the last Will and testament of William Dexter late of the town of Henderson in said county decreased bearing date the 13th day of August in the year of Our Lord One Thousand eight hundred and fifty six That on the day of the date aforesaid, and at the time of signing the same, he heard the said William Dexter declare the same to his last Will and testament, and that he this deponent, and Noah Wotkyns Buel the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said William Dexter and of each other; that at the time thereof, the said William Dexter was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a Will.

Austin W. Ingraham

Subscribed & sworn before me Oct 13, 1856 Jas. R. A. Perkins Surrogate State of New York }
Jefferson County } Surrogate's Court, Before Jas. R. A. Perkins Surrogate In the matter of proving the Will of the real and personal estate of William Dexter deceased
County of Jefferson S.S. Noah Wotkyns Buel of the town of Ellisburgh in said county being first duly sworn, deposeth and saith that on the thirteenth day of August 1856 at Henderson in the county aforesaid he saw William Dexter deceased subscribe the instrument now shown to this deponent, and which purports to be the last Will and testament of William Dexter late of the town of Henderson in said county decreased bearing date the 13th day of August in the year of Our Lord One Thousand eight hundred and fifty six That on the day of the date aforesaid, and at the time of signing the same, he heard the said William Dexter declare the same to his last Will and testament, and that he this deponent, and Austin W. Ingraham the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said William Dexter and of each other; that at the time thereof, the said William Dexter was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a Will.

Noah Wotkyns Buel
Subscribed & sworn before me Oct 13, 1856 Jas. R. A. Perkins Surrogate

Certificate
State of New York }
Jefferson County } Surrogate's Court, Before Jas. R. A. Perkins Surrogate

Jas. R. A. Perkins Surrogate in and for the County of Jefferson do certify upon proof and examinations taken before me at my office in Watertown in said County on the 13th day of October 1856 by the oaths of Noah Wotkyns Buel and Austin W. Ingraham the subscribing witnesses to the pregoing Will that said Will was duly executed that the testator at the time of executing the same was in all respects competent to devise real estate and bequeath personal property of sound and disposing mind memory and understanding of full age and not under any restraint, that said Will has been duly proved approved established and confirmed as a good and valued Will of real and personal estate, and I further certify that said Will with the proof thereof taken and the Certificate thereon enclosed is recorded in the office said surrogate in the book kept for recording Wills testaments and codicils. In Witness whereof I have hereunto affixed my seal of office
S.S.

And subscribed my name at Watertown aforesaid this
thirteenth day of October 1856
Jas. R. A. Perkins Surrogate
Recorded October 13 1856
Jas. R. A. Perkins Surrogate


Return to Jefferson County Wills page



Copyright 2016 Jefferson County NYGenWeb — a member of the NYGenWeb Project

If you have any questions or comments about this page, please contact,
County Co-Coordinator Nancy Dixon or
Co-Coordinator Bruce Coyne.


Return to Jefferson County Genweb Page

Top