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8
Aug 1832 To Ebenezer
Mix, Surrogate of the County of Genesee: The petition
of Amelia Chaddock
[...] that Willard Chaddock late of the town of
Middlebury in said County of Genesee did on or about the 27th day of May [... several lines unreadable ...] last will and
testament wherein he named your petitioner as sole executrix thereof. That the said
will was witnessed by Isaac Wilson, Alvin Chaddock, & Perses Chaddock. That the said
deceased left your petitioner his widow and nine
children, to wit, Calvin Chaddock, Ira Chaddock, Emily Chaddock,
Sarah Ann Chaddock,
Lucy Ann Chaddock,
La Fayette Chaddock,
Lovina Chaddock
& Mary Jane Chaddock, who are all under the age of
twenty-one years. Therefore your
petitioner prays that a guardian be appointed for said minors and all the
requisite measures be taken necessary to prove said will as a will of real
& personal estate. August 8 1832
Amelia Chaddock Genesee County
ss: Amelia Chaddock being [?] saith that the facts are as
[?] in the above ... [?] |
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27
Aug 1832 State of New
York, Genesee County ss In the matter
of the proof of the last will and testament of Willard Chaddock late of the town of
Middlebury in the county of Genesee deceased: Genesee county ss. Isaac Wilson
being sworn saith: That he was well
acquainted with Willard Chaddock, late of the town of Middlebury in the
county of Genesee, in his lifetime. That on or
about the tenth day of May in the year of our Lord one thousand eight hundred
and thirty two he saw the said Willard Chaddock sign & execute a certain instrument
in writing purporting to be his last will and testament bearing date the said
tenth day of May AD 1832, which is the same instrument now shewn unto him.
That the said
deponent signed the said will as a witness thereto in the presence of the
testator and at his request. Isaac Wilson Subscribed and
sworn to this 27th day of August AD 1832. Before me Ebenezer Mix, Surr. |
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27
Aug 1832 Genesee County
ss: Alvin Chaddock
being duly sworn saith: That he was
well acquainted with Willard Chaddock in his lifetime. That on or
about the tenth day of May in the year of our Lord one thousand eight hundred
and thirty two he saw the said Willard Chaddock, while at his own dwelling house in the
town of Middlebury, sign & execute a certain instrument in writing
purporting to be his last will and testament bearing date the said tenth day
of May 1832, which is the same instrument now shewn unto him & that he
heard the said Willard Chaddock declare the same to be his last will
and testament and at the time thereof the said Willard Chaddock was over the age of
twenty one years, of sound mind and memory, and under no manner of restraint
as this deponent verily believes. That the
deponent signed the said will as a witness thereto in the presence of the
testator and at his request. That after the
said will was written (?) it was requested by the testator to be put in a
chest with his other papers. Alvin Chaddock Subscribed and
sworn to this 27th day of August AD 1832. Before me Ebenezer Mix, Surr. |
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27
Aug 1832 Genesee County
ss: Perces Chaddock
being duly sworn saith: That she was
well acquainted with Willard Chaddock late of the town of Middlebury in the
county of Genesee in his lifetime. That on or
about the tenth day of May in the year of our Lord one thousand eight hundred
and thirty two she saw the said Willard Chaddock sign & execute a certain instrument
in writing purporting to be his last will and testament bearing date the said
tenth day of May 1832, which is the same instrument now shewn unto her, &
that she heard the said Willard Chaddock declare the same to be his last will
and testament and at the time thereof the said Willard Chaddock was over the age of
twenty one years, of sound mind and memory, and under no manner of restraint
as this deponent verily believes. That the said
William Chaddock
died on or about the 27th day of May last & was an inhabitant of the
county of Genesee at the time of his death That the
deponent signed the said will as a witness thereto in the presence of the
testator and at his request. Perces Chaddock Subscribed and
sworn to this 27th day of August AD 1832. Before me Ebenezer Mix, Surrogate |
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11
Jan 1841 To Harvey
Putnam Esquire Surrogate of the County of Genesee The petition of
Ira Chaddock
of the town of Middlebury in the County of Genesee respectfully showeth: That on or
about the twenty-seventh day of August, one thousand eight hundred and thirty
two, the last will and testament of Willard Chaddock, late of the said town of
Middlebury in the County of Genesee aforesaid deceased, was duly proved
before and recorded in the office of Ebenezer Mix Esquire late Surrogate of
the County of Genesee aforesaid, as appears on reference to the record of the
said will now remaining in the Surrogate Office of said County. That in and by
said will the said Willard Chaddock, the said testator,
nominated constituted and appointed Amelia Chaddock, wife of the said
testator, sole executrix thereof. That she, the said Amelia Chaddock,
at the time of the probate of the said will being the widow of the said
deceased, and named such executrix as aforesaid, has from that time even
until the day of the date hereof failed neglected or refused to apply for and
receive from the Surrogate of said County Letters Testamentary upon the said
will and the estate of the said deceased, and from that time hitherto has
failed neglected or refused to qualify by taking the oath of Office
prescribed by the Statute, as such executrix as aforesaid, to entitle her to
receive such Letters Testamentary as aforesaid. That she, the
said Amelia Chaddock,
has never legally renounced her right to act as such executrix as your
petitioner is informed and believing. That since the probate of the said will
and on or about the 24th day of October one
thousand eight hundred and thirty nine, the said Amelia Chaddock
was married to Campbell Simpson of the
town of Batavia in the County of Genesee aforesaid That your
petitioner is a son of the said Willard Chaddock, and is a legatee in said will named. Your
petitioner therefore prays that Your Honor will issue a summons under his
hand and official seal, and directed to the said Amelia Simpson late Amelia Chaddock
and the widow of said deceased, requiring her on a certain day and at a
certain place therein to be specified to appear before Your Honor and qualify
by taking the oath of office prescribed by law and receive Letters
Testamentary upon the said will, or show cause why she shall not be deemed to
have renounced her right to act as such executrix, and in default thereof
that she be deemed to have renounced and forever precluded from acting as
such by an order of your Honor to be made and entered in the premises. And that in default
thereof, State of New
York; Genesee County, ss.} On this eleventh day of January one thousand and
eight hundred and forty one, before me, Harvey Putnam Surrogate of the County
of Genesee, personally appeared Ira Chaddock the petitioner above named, and made
Oath that the material facts in the above and foregoing petition by him
subscribed are true according to the best of his knowledge information and
belief – H. Putnam, Surrogate of Genesee County = 11
Jan 1841 The People of the
State of New York. To Amelia Simpson late Amelia Chaddock and widow of Willard Chaddock
deceased and executrix named in the last will and testament of said Willard Chaddock
deceased. Whereas on the
application by petition of Ira Chaddock, heir at law of the said Willard Chaddock
deceased and a legatee in said will named, it appears that said Will being
duly proved before, and recorded in the office of Ebenezer Mix esquire late
the Surrogate of the County of Genesee, on or about the twenty-seventh day of
August one thousand eight hundred and thirty two, and that from that time
hitherto and at all times since, you have failed, neglected or refused to
qualify by taking the oath by law prescribed, and receive at the hands of
said Surrogate letters testamentary upon the will of said Willard Chaddock
deceased as an executor or executrix is by law required to do to qualify him
or her to act as such – and that you have never from the said time of the
probate of the said will as aforesaid hitherto renounced your right to act as
executrix of said will – You are
therefore hereby required to be and appear before Harvey Putnam our Surrogate
of our County of Genesee at his office in Attica in said County on the first
day of February next, at 10 o’clock in the forenoon of that day, to qualify
as such executrix by taking the oath prescribed by the statue and receive
letters testamentary upon the said will, or in default thereof that you shall
be deemed to have renounced your right to act as such executrix, and that
letters of administration upon the estate of said deceased with a copy of
said will annexed may be granted by the said surrogate to such or such one of
the heirs of said deceased as legatees named in said will as may by law be
entitled to, or as may desire, the same. In testimony
whereof, we have caused the seal of office of our said Surrogate to be
hereunto affixed. Witn3ww Harvey
Putnam Surrogate of our said County of Genesee at Attica in said County the
eleventh day of January, one thousand eight hundred and forty-one. H Putnam,
Surrogate |
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16
Jan 1841 Genesee County
ss: Augustine Cowdin of
said County, being duly sworn, deposes and says: That on the 15th day of
January 1841 he, the deponent, personally served Amelia Simpson with the
foregoing summons by showing to her the seal thereon impressed, and at the
same time delivering to her a copy thereof. Sworn to and
subscribed this 16 day of January 1841. A Cowdin. Before me S Wakeman (?) a Justice of the Peace of said County (Filed
February 1, 1841) |
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1
Feb 1841 To Harvey
Putnam Esquire Surrogate of the County of Genesee The petition
of John Hickox of the town of Stafford in the county of Genesee and state of
New York and general guardian of Lafayette Chaddock minor child of Willard Chaddock
deceased respectfully showeth: That he was
duly and legally constituted and appointed the general guardian of Lafayette Chaddock
a minor child of Willard Chaddock late of the town of Middlebury in the
county of Genesee aforesaid deceased, by letters of guardianship granted by
the Surrogate of the county of Genesee aforesaid under his official seal and
signature and bearing date on the first day of February one thousand eight
hundred and forty one. That the said
Willard Chaddock
father of said Lafayette Chaddock, the ward of your petitioner, died in
the town of Middlebury in the county of Genesee aforesaid, being at that time
an inhabitant of said county, on or about the twenty seventh day of May AD
1832 , leaving as your petitioner is informed and believes a last will and
testament by him the said Willard Chaddock duly executed, and in which said last
will and testament the said testator did constitute nominate and appoint
Amelia Chaddock,
then the wife of the said testator and late the widow of said Willard Chaddock
deceased, sole executrix thereof. That the said
last will and testament afterwards, to wit: on the twenty seventh day of
August one thousand eight hundred and thirty two, was duly proved and
recorded in the office of the Surrogate of Genesee as appears by the reord of the said will now remaining in the office of the
Surrogate of said county, and a memorandum of the probate thereof also
remaining of record and signed by Ebenezer Mix, then and late the Surrogate
of said county. That letters
testamentary upon the said will have never been granted or issued by the
Surrogate of said county to the said Amelia named executrix as aforesaid or
to any other person. And as your petitioner is informed and believing that a
citation has been duly issued on behalf of some or one of the heirs of the
said deceased by the Surrogate of said county and directed to the said Amelia
executrix named as aforesaid, requiring her to appear before said Surrogate
at a time and place therein specified, to qualify and take upon herself the
execution of the said will. That the said
citation, so issued as aforesaid, was afterwards and at least fifteen days
before the return day thereof duly and personally served upon the said Amelia
named executrix as aforesaid , as appears by an affidavit of the service
thereof on file in said Surrogate’s office, and that the said Amelia has
failed neglected or refused so toappear and qualify
as aforesaid; whereby, pursuant to the said citation which has been duly
returned, and in pursuance of the statute in such case made and provided, the
said Amelia is deemed to have renounced all her right to act as executrix as
aforesaid and, by virtue of an order of the said Surrogate, the said Amelia
is deemed conclusively to have renounced all her right as such executrix as
aforesaid under and by virtue of said will. That by means
of the default of the said executrix as aforesaid to qualify, That the said
deceased died leaving a widow the said Amelia; two sons Ira [Chaddock]
who is over the age of twenty one years, the ward of your petitioner
Lafayette [Chaddock]
of the age of fifteen years and upwards or thereabouts; and five daughters to
wit: Emily [Chaddock]
of the age of twenty-one years and upwards, Sarah Ann [Chaddock] the wife of Lyman Quance of the age of twenty one years and upwards,
Lucy [Chaddock]
of the age of eighteen years or thereabouts, Lavina [Chaddock] of the age of thirteen
years or thereabouts, Mary Jane [Chaddock] of the age of nine years or
thereabouts – all residents of the county of Genesee in the state of New
York. Your
petitioner therefore prays the aid of Your Honor in the [?], and that in
pursuance of the And your
petitioner further shows unto Your Honor that all the goods chattels and
credits of the said deceased do not exceed in value the sum of one hundred
fifty dollars. Dated February
1st 1841 = 1
Feb 1841 John Hickox County of
Genesee On this first
day of February 1841 personally appeared before me in open court John Hickox
the above named petitioner and made oath that the matters set forth in the
above petition by him subscribed were true to the best of the knowledge
information and belief of the said petitioner. H. Putnam,
Surrogate of the county of Genesee |
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9
Feb 1841 [filed Feb 9
1841; Ct House Batavia NY 7/07] 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
Calvin Chaddock,
Ira Chaddock,
Emily Chaddock,
Sarah Ann Chaddock,
Lucy Ann Chaddock,
La Fayette Chaddock,
Lovina Chaddock,
& Mary Jane Chaddock,
children & heirs at law of Willard Chaddock late of the town of Middlebury in the County of Genesee,
deceased, send greeting. You
and each of you are hereby cited and required, personally to be and appear
before Ebenezer Mix Esquire, Surrogate of our said County of [blank] at his
office in Batavia, on the 27th day of August instant at 10 o’clock, in the
fore noon of that day, then and there to oppose or support, as you may see
fit, the probate of a certain instrument in writing, purporting to be the
last will and testament of the said Willard Chaddock which has been left with our said Surrogate, by Amelia Chaddock
who claims to be an executor thereof, and which will at the time and place
aforesaid, offered for probate. In
Testimony Whereof, we have caused the seal of office of our said Surrogate to
be hereunto affixed. Witness, Ebenezer Mix Esquire, Surrogate of our said
County, at Batavia, this eighth day of August in the year of our Lord, one
thousand eight hundred and thirty two. Ebenezer
Mix Surrogate = State of New
York; Genesee County, ss.} I John
Hickox appointed by the Surrogate of the County of Genesee, administrator of
all and singular the goods, chattels and credits which were of Willard Chaddock
late of the town of Middlebury in the County of Genesee, deceased, do
solemnly and sincerely promise and swear, that I will well, honestly and
faithfully discharge the duties of Administrator according to law. John
Hickox Sworn and subscribed ninth day of February A.D. 1841 before me,
H Putnam, Surrogate |