WILL: Alden Lebarron; Dayton, Cattaraugus co., NY surname: Lebarron, Lamb, Coon submitted by Jim Black (jimandmartha1 at mindspring.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: December 2, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 24.9 Kb ************************************************ Source: Sampubco.com Cattaraugus co NY Will Book Vol. 2 page 88 Written: Sept 15 1850 Probated: Sept 23 1851 In the name of God - Amen. I Alden LeBarron of the town of Dayton in the County of Cattaraugus state of New York of the age of seventy-five years the second day of June last, and being of sound mind and memory, do make publish and declare this my last will and testament, that is to say - first I give and devise to my grand-son Joseph Aikin LeBarron and my grand-daughter Julia LeBarron, son and daughter of my son Joseph LeBarron deceased their heirs assigns all that tract or parcel of land lying and being on lot no. thirty-eight fifth town ninth range as surveyed by Joseph Ellicott surveyor being the same piece owned by the said Joseph LeBarron and deeded to me by the same Joseph and now occupied by Charlotte LeBarron wife of the said Joseph, the same twenty acres land deeded to the said Joseph by Silas Miller, also a ? piece of land joining to and lying west of the afore said twenty acres and running east of the road running south east and north west said land lying north and east of land now owned by Henry Markham, together with all and singular appurtenances and hereditaments thus unto belonging or in any wise appertaining to have and to hold the above described premises to the same Joseph Askin? LeBarron and Julia LeBarron their heirs and assigns forever to be equally between them share and share alike. I give and bequeath to my beloved wife Jemima the sole use and occupancy benefit, profit and control of fifty acres if land lying in the town of Dayton on lot thirty-eight fifth town, ninth range, being the northwest part of said lot forty?-eight, the same I now and occupy, excepting ten acres in the south part as here after disposed of. ? Beginning at the northwest corner of said lot and running east on the line of said lot twenty-eight chain twenty link, thence south to said ten acres , thence west by southwest along said ten acres and along the north line of lands owned by Henry Markham to the west line of said lot, thence along the west line of said lot to the place of beginning said to contain fifty-one acres be the same more or less, to have and to hold the above described premises as aforesaid through her natural life, also I give to my said wife the household furniture and our one cow out of the stock that is or may be on the premises. Also the interest on belonging to me at my death, excepting and deducting all debts and dues against me and all legacies as hereafter mentioned. I give, devise and bequeath to my son James LeBarron his heirs and assigns all that piece of land situated lying and being in the town of Dayton known as the north west part of lot number thirty-eight in said town, bounded as follows, commencing at the northwest corner of said lot and running east along the east line of said lot thirty chains, twenty-eight links, thence south to the ten acres of land devised to Unice Coon, thence west along the said ten acres to the centre of the highway, thence south east along the centre of the said highway to lands owned by Henry Markham, thence west along said lands owned by said Markham to the west line of said lot to the place of beginning, containing fifty acres of land be the same more or less together with all and singular the hereditaments and appurtenances, thereunto belonging or in any wise appertaining. To have and to hold the above mentioned and described premises to the said James LeBarron his heirs and assigns forever to come into and take possession at the death of my wife. Also I give to said James LeBarron all the farming tools and implements that now is, or may be at my decease together with all the stock excepting one cow for the benefit of my wife. Also said James LeBarron is to pay my son Alden LeBarron, Jr. the sum of one hundred dollars in one year form my decease. Secondly I give and bequeath to my daughter Lydia Lamb one hundred dollars. I give and bequeath to my daughter Hannah? Coon the wife of Jonathon Coon one hundred dollars. I give and bequeath to my daughter Unice Coon wife of Rowlen Coon one hundred dollars. I give and bequeath to my daughter Repentance Gould the wife of James Gould one hundred dollars. I give and bequeath to my son Linus LeBarron all the notes together with the interest that has accrued or may accrue which I hold against him. I give and bequeath to my grand-son Lathrop LeBarron son of LeBarron deceased fifty dollars. I give and devise to my daughter Unice the wife of Rowlen Coon her heirs all that piece of land bounded as follows. Beginning at the northwest corner of the said twenty acres of land deeded by Silas Mills to the said Joseph LeBarron, thence west along the line of said land bequeathed to the heirs of Joseph LeBarron to the centre of the highway, thence along the centre of the highway northwest far enough to include ten acres of land, thence east on a line parallel to the said south line to east bounds of said premises, thence south to the place of beginning containing ten acres of land be the same more or less: together with all the herediaments and appurtenances thereunto belonging or in any wise appertaining. To have and to hold the premises above described to the said Unice Coon her heirs forever to come into and take immediate possession of at my decease. Again the said several legacies or sums of money I direct and order to be paid to the said legatees respectively within one year after my decease and if it should become necessary I order so much of the money or mortgages or notes for the support and maintenance and comfort of my wife as is sufficient to pay all charges, and the amount the may be on hand not otherwise disposed of notes dues and mortgages my wife Jemima LeBarron is to come into possession of the same in her own right to dispose of the same at her own will provided she gives or bequeaths the whole then remaining to my children and their heirs or some or one of their heirs to receive or come in possession immediately after her decease. The bequest to my said wife is not intended to include a certain mortgage executed by Joseph LeBarron to me. I received full satisfaction of said mortgage at the time I received a deed of a piece of land as aforesaid mentioned and described. I give and bequeath to my son Alden LeBarron, Jr. all the amount of account and evidence of debt together with the interest thereon which I hold against him, also the sum of one hundred which the said James LeBarron is to pay to the said Alden in one year from my decease. Lastly I do hereby nominate and appoint my wife Jemima LeBarron, my son James LeBarron and my friend John H. Blish to be the executors of this my last will and testament, hereby revoking all other wills by me made. In witness whereby I have hereunto set my hand and seal the 15th day of Sept in the year of our Lord one thousand eight hundred fifty. Alden LeBarron [L S] The above instrument consisting of one sheet was at the date of signing sealed published and declared by the said Alden LeBarron as and for his last will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto. The piece attaches with three seal was done previous to signing Charles Blair residing at Dayton Cattaraugus Co. Jacob Badgeso? residing at Dayton Cattaraugus County PROVING THE WILL Cattaraugus County Surrogates Court In the matter of proving the last will and testament of Alden LeBarron deceased Cattaraugus County} Charles Blair of the town of Dayton in the said county being duly sworn deposith and saith that he was acquainted with Alden LeBarron late of the said town of Dayton deceased, that he is subscribing witness to the instrument now exhibited and shown to his deponent, and which purports to be the last will and testament of the said Alden LeBarron deceased, and which bears date on the 15th day of September 1850, that on or about he day of the date of the said instrument one John Blish called this deponent into the house of the said Alden LeBarron and the said Blish asked the said Alden LeBarron if he wished this deponent to subscribe his name to the said instrument as a witness to this last will and testament, to which the said Alden LeBarron answered, "he did", and then said "I do wish you to sign this as my last will and testament", that this deponent and Jacob Badgeso? did then sign the said testament as attesting witnesses, that it was signed by them in the forepart of the day or before noon, that he saw nothing unusual in the appearance of the said LeBarron at the time, and that he believes the said Alden LeBarron was then of sound mind and memory and competent to make a will, that the said instrument then appeared in all respects as when inscribed without any after action whatever, and that he saw the said Alden LeBarron sign the same. Charles Blair sworn before me the 22nd day of September 1851 R. Lamb County Judge acting as surrogate Jacob Badgero a witness sworn in support of the said will testified as follows: I reside in the town of Dayton in the County of Cattaraugus and was acquainted with Alden LeBarron in his life time. I am one of the subscribing witnesses to the instrument now shown and exhibited to me, which purports to be the last will and testament of Alden LeBarron deceased and which bears date the 15th day of September 1850. On or about the date of the said instrument John Blish called me into the house of the said Alden LeBarron, and the said Blish asked the said LeBarron if wished me to subscribe my name to the said instrument as a witness of his last will and testament, to which the said Alden LeBarron answered ƒ he did, and then said ƒ I do wish you to sign this as my last will and testament, - Myself and Charles Blair did then subscribe our names as attesting witnesses. It was then in the forepart of the day, before noon. I saw nothing unusual in the appearance of the said LeBarron at the time and I believe the said Alden LeBarron was then of sound mind and memory and competent to make a will. The said instrument now appears in all respects as when it was executed. I saw the said Alden LeBarron sign his name to the instrument, he then said, "the work had been made some time, but that he wanted some alteration in it, which Mr. Blish had then made for him." On the cross examination the witness testified as follow. I resided about one mile from Alden LeBarron when I witnessed the will, I went there at the request of John H. Blish. Blish, Blair LeBarron, his wife and myself were all that were present when the will was executed. When the testator signed the will, he was helped to rise up in his bed, as board was laid across the bed, and he took the pen, his hand trembled, and Blair asked he should not assist him, he said, "yes" and Blair took hold of his arm or hand to steady his hand, he complained of his eye sight being poor, his speech was bad, and he talked quite broken. Sworn and subscribed the Jacob Badgeso 22 day of Sept. 1851 R. Lamb County Judge acting as Surrogate Charles Blair recalled by the party opposing the proof of the said will and testified as follows: When I went into the house, LeBarron was in bed, where he could have seen me, but I do not recollect as he took notice of me going in. When he took the pen to write, he did not get the pen to the paper. I told him that the pen was not far enough through his fingers, he asked me to assist him, I fixed the pen in his hand and he asked me to take hold of his hand I told him I would take hold of his arm and did so. He was some time writing his name. After the will was executed, it was put into the possession of Mr. Blish. I took the will and looked at it but did not read it. LeBarron died about two weeks after the execution of the will. Subscribed and sworn Charles Blair this 22nd day of September 1851 R Lamb County Judge acting as Surrogate Barna Seeker: a witness sworn for the party opposing the proof of the said will testified as follows, I have known Alden LeBarron about six years, have lived most of that time three or four miles from him, and some of the time within one and a half miles. Three or four weeks before his death I stayed with one Saturday evening till about nine o'clock and the next day I was with him all day, myself and his wife were all that I now recollect of being there. He was quite feeble, could not sit up but a little. I think one of Mr. Gillet's girls was there on Sunday. When I went there on Saturday evening, he did not take any notice of me, I went to the bed side and spoke to him, he said "Oh! I am here". I said but little to him, he appeared stupid, - sometimes he would say something which I could not understand, he appeared deranged. I went there on Sunday morning about sunrise and was in room with him most of the time during the day but said nothing to him: he said but little during the day: sometime he would call for drink, but most of the day he appeared to lay stupid, he appeared to be deranged. I saw nothing given him but drink. On the cross examination the witness testified as follows: I had had difficulty with LeBarron and had not been in his house for four or five months before the Saturday evening mentioned. I stayed there on that evening till 9 o'clock; conversed with this wife, had no conversation except what was said when I first went in. I cannot tell what he said after I went there; his talk could not be understood. I had no conversation with him on Sunday; he did not converse with anyone on that day. When he called for drink it was given to him. He appeared to sleep most of the time. Subscribed and sworn Barna Seeker this 22nd day of September 1851 before me. R. Lamb County Judge acting as Surrogate John H. Blish: a witness sworn for the party opposing the proof of the said will testified as follows I reside in the town of Dayton about a mile and a half from Alden LeBarron and was acquainted with him sixteen or eighteen years before his death. I saw him twice during his last sickness; the first time was some two weeks before his death, the last time that I saw him was two or three days after the first. I wrote a will for him between the two last times that I saw him. I finished the will the last time that I was there, and it was then executed by him in the presence of Blair and Badgero. He dictated the will and I penned down the substance of it when I was there the first time. I was with him about an hour and a half the first time; he was in feeble health and was in his bed. When I went to his home the first time, I went to his bed and asked him how he was, he said he was very sick. I told him he looked so, and asked him if he had sent for me to some and see him, he said he had and that he wanted me to write his will, and said "I suppose you know how I want it," I told him if he wanted it made as he formerly had, I supposed that I knew nearly what he wanted. He said, ƒ I have wanted to let James and Alden have my farm, but I have had some difficulty with Alden, and I do not know about letting him have any of it. I want to see James. I then called James into the house and he and the old man talked together. I did not hear their conversation. When they finished talking the old man told me that he should will his farm to James. I asked him if he was going to will Rowland Coon's wife any land? he said "I and the old lady have talked it over and I have concluded to give her ten acres." I asked him where it should be located, he began to tell but I could not understand him. I told him that I would state the boundaries of his lands and then we could locate the ten acres better. I commenced bounding his land on the northwest corner between his land and Mr. Gillitz in the centre of the road. He said that he had land on the other side of the road. I told him that Mr. Newcomb's land was on that side of the road. I got a board and chalk and he tried to mark out a plan of his land, but he said he was weak and could not do it, and if I said his land did not run across the road he would give it. I asked if he wished the ten acres for Mr. Coon located north of the lads that he was going to will to the infant children of his son Joseph L LeBarron, he said he did. He then told me how much he wished to give to each of his children, and when the name of his grandson, Charles L. LeBarron was mentioned, "five dollars." I asked him if that was all he intended to give Charles, he said it was. I told him that I thought he would give him the same as he did his other heirs, he said Charles was a bad boy and would never mind him. I asked if I should not put down fifty dollars for Charles, he said "if you think it should be so, you may write it so, bit I did not intend to have it so." I was present at the execution of the will, it was executed at the time it bears date, which was about two weeks previous to his death. I went to his house with the witnesses, before the witnesses came into the room, I instructed him how what to say to them. I told him to say to the witnesses that this paper was his last will and testament, and ask them to sign it as witnesses. When they came in he did not ask them to sign the will, and I again told him what was necessary for him to do, he then asked them to subscribe their names as witnesses to his last will and testament. He appeared somewhat dizzy at the time. On the cross examination the witness testified as follows The will now appears in all respects as when executed without any alteration. At the time he executed the will I read it over to him carefully, he said it was right. Subscribed and sworn this John H. Blish 23rd day of Sept. 1851 R Lamb County Judge acting as Surrogate Harry Newcomb - a witness sworn for the party opposing the proof of the said will testified as follows: I reside in the town of Dayton, ten or twelve rods from where Alden LeBarron resided in his lifetime. I have known Alden LeBarron twelve or thirteen years and saw him almost every day during his last sickness. I was there one Saturday evening, LeBarron was in bed, he reached his hand out over the bed. I told his daughter that I thought he wanted something, she spoke to him, he looked up and said to me that he and Blish had a long argument, that Blish said that all of his (LeBarrons) land was on the east side of the road, when he had lands on the west side of the road. I told him that had sold all of his lands on the west side of the road, he finally concluded that he did not own any land on the west side of the road. He gave the bounds of his land, but did not give them correct. I did not talk much with him. I thought he was too weak. Blish had been there on that day. Before and since that time I have seen him hold a sheet before his face as if he was reading until he fell asleep. I have seen that frequently from a week before the time mentioned until his death. On the cross examination the witness testified as follows: I had but little conversation with him for the last four weeks of his life. I generally went into his house in the morning and asked him how he was; sometimes he would "no better" sometimes "about the same". He was quite weak and I thought talking would injure him. There was a window at the foot of his bed. Subscribed and Harry Newcomb Sworn before me the 23rd day of Sept. 1851 R Lamb County Judge acting as Surrogate Abraham Newcomb - a witness sworn for the party opposing the proof of the will testified as follows. I have resided about one fourth of a mile from Alden LeBarron twelve or thirteen years before his death. I was at his house a few times during his last sickness. Sometimes I would ask him how he was, and sometimes he would say, ƒ no better.ƒ Six or eight days before he died I was there and asked him how he was he said "I am better I am in my right mind. I have been away a week or two." I asked him if he knew where he was then; he said "I am at home." On the cross examination the witness testified as follows. I had no further conversation with him, he soon fell a sleep. I saw no indication of his being better at that time. Abraham Newcomb Sworn and subscribed the 23rd day of Sept 1851 before me Rensselaer Lamb County Judge acting as Surrogate Seth Field - a witness sworn on the part of the party supporting the proof of the will testified as follows. I was some acquainted with Alden LeBarron. In the months of July and August in 1850 I attended him as a physician two or three times. Some two or three days intervened between my visits, the last visit was three or four days before his death. It is my opinion that he had some chronic inflammation about his eyes, if so, the light would affect them. My recollection is not distinct in regard to his yes. Holding a sheet before his eyes would have a tendency to relieve them. I have no recollection of seeing any signs of insanity about him at any time. I feel confident there was no general insanity about him. It is frequently the case with old people during sickness, on awakening from sleep to appear deranged or lost, and to show some signs of insanity. On the cross examination the witness testified as follows. I was at the LeBarrons about one hour at each visit. I think I gave him dowers? powders or something of that sort. The medicine that I gave would not ordinarily produce insanity. I think it did not in this case, in some constitution it might produce temporary insanity. The last time that I saw him, he talked less than before, and appeared weak and more prostrate. At my two first visits he appeared to reason correctly as far as he reasoned at all. I had no conversations with him but in relation to his disease. I judged him from his talking reasonable about his own case, the he might be so upon other subjects. I could not judge as correctly of his capacity for doing business, as I could if I had been with him all the time. It is frequently the case that a person, while sick, may be delirious during the night and during the day competent to transact business, so at times during the day the sick person may be delirious, and at other times competent to transact business. Sworn before me this Seth Field 23rd day of Sept. 1851 R Lamb County Judge acting as Surrogate Mary McMillan - a witness sworn for the party opposing the proof of the will testified as follows. Alden LeBarron was my brother. I tooke care of him the last week of his life, and some before. I was there twice during his sickness previous tom my going to stay the last week. The first time I did not stay but a few hours, about three weeks before his death I was with him twenty-four hours. A part of the time he acted strange, would take up the bedclothes and look at them as if there was something on them which he wished to see. I gave him the medicine left by the doctor. I did not see Doctor Field there. The last week of his life he was very sick. I do not think he was sensible of any thing. I went there on Monday and he died the following Saturday; he did not say any thing during the last week but to answer yes or not. He did not complain of the light hurting his eye, something was kept up to the window. On the cross examination the witness testified as follows. I talked with some when I was there the second time. I asked him if he thought he should get well, he said ƒ no I do not wish to get well.ƒ It was hard work for him to talk, would answer yes or no. Sworn before me this Mary McMillan her mark 23rd day of Sept. 1851 X R Lamb County Judge acting as Surrogate Cattaraugus County - It appearing upon the proof taken in respect to the last will and testament of Alden LeBarron late of the town of Dayton in the said county deceased, that the said will was duly executed, and that the said Alden LeBarron at the time he executed the same was in all respects competent to devise real estate, and not under restraint, the said last will and testament and the said proofs and examinations are hereby recorded, signed and certified by me pursuant to the Statutes this 11th day of December 1851 Rensselaer Lamb County Judge acting as Surrogate