WILL: David Sittser; Sennett, Cayuga co., NY surname: Sittser, Barns submitted by Mary Lou Stanley (lstanley @ indy.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** Cayuga co NY Will book Vol. E page 184 LDS microfilm 0853220, New York State, Cayuga County, Wills Box 2, p.184-187. Transcribed by Mary Lou Olsen Stanley on June 6, 2000 & proofed by William E. Stanley on June 5, 2000 from LDS microfilm copy. Will & Probate of David Sittser To the Surrogate of the County of Cayuga, The petition of Matthew Sittser of the town of Sennette, County of Cayuga & State of New York respectfully herewith, That David Sittser late of the town of Sennette in the county of Cayuga & State of New York departed this life on or about the seventeenth day of October, in the year of our Lord One thousand eight hundred & forty one [17 October 1841]. That the said deceased was at the time of his death an inhabitant of the said County of Cayuga; That he left a last will & testament which is dated the ninth day of October in the year of our Lord One thousand eight hundred & forty one [9 October 1841]. That in & by the said will the said deceased appointed your petitioner & John Sittser Executors thereof; That the said deceased left the following his heirs at law & next of kin to wit, your petitioner [Matthew Sittser], John Sittser, Andrew Sittser & Samuel Sittser of Sennette aforesaid, Sally wife of Thomas Barns of Seneca Falls, Seneca County, Peter Sittser of Mentz, Cayuga County & David Sittser of Butler, Wayne County; That he left Sarah Sittser his widow residing in Sennette aforesaid. That said will relates to both real & personal estate. That your petitioner is desirous of proving said last will & testament as a will of real estate that the same may be [recorded?] as such in pursuance of the Statue in such case made & [provided?]. Your petitioner therefore prays that the surrogate aforesaid that The necessary steps be taken before him for this purpose.- Dated 1 Dec. 1841 M. Sittser Cayuga County of ss: Matthew Sittser being duly sworn deposes & says that the facts stated in the above petition by him signed are true to the best of his knowledge and belief. M. Sittser Sworn this first day of December 1841 before me Geo. H. Wood Surrogate, The people of the State of New York by the grace of God, free and independent; To Sarah Sittser widow John Sittser, Andrew Sittser & Samuel Sittser of Sennette & Peter Sittser of Mentz Cayuga County, Sally Barns wife of Thomas Barns of Seneca Falls Seneca County & David Sittser of Butler, Wayne County heirs at law and next of kin to David Sittser late of Sennette in the County of Cayuga & deceased [greeting?], you and each of you are hereby cited & required personally to be & appear before our Surrogate of our County of Cayuga at his office in Auburn in said County on the tenth day of December instant at ten o'clock in the forenoon of that day to attend the proofs of probate of the last will & testament of said deceased which relates to both real & personal estate, and is presented for proof of probate by Matthew Sittser an Executor herein named and hereof fail not.- In testimony whereof we have caused the Seal of Office of our said surrogate to be hereunto affixed. Witness George H. Wood Surrogate of said County at Auburn the first day of December in the year of our Lord one thousand eight hundred & forty one. Geo. H. Wood Surrogate Cayuga County --SS, Matthew Sittser of Sennette being duly sworn deposes & says, On the second day of December inst I personally served this citation upon Samuel Sittser by showing him the same & handing him at the same time a copy thereof. Sworn this 10th day of Dec. 1841 M. Sittser Before me Geo. H. Wood, Surrogate Surrogates Court Cayuga Co. In the matter of the proof & probate of the last will & testament of David Sittser decd. We the undersigned widow, heirs at law & next of kin to David Sittser late of the town of Sennette in the County of Cayuga deceased, do hereby waive the service of the citation required by law to attend the proof of probate of the last will & testament of said deceased and do consent that the same may be proved before the Surrogate of Cayuga County at anytime when the same shall be presented for the purpose. Witness our hands the 2nd day of December A. D. 1841 (Signed) Thomas Barns, Sally Barns, David Sittser, Peter Sittser, Sarah X Sittser, John Sittser, Andrew Sittser In the presence of Eliza Stevens for Thomas & Sally Barns & David Sittser; Lewis B. Stark for all others. At a Surrogate Court held at the Surrogates Office in the Village of Auburn in and for the County of Cayuga on the tenth day of December A. D. 1841. Present George H. Wood Surrogate. The instrument in writing [purporting?] to be the last will & testament of David Sittser late of Sennette in said County deceased, was offered for proof and probate as a will of real & personal estate pursuant to the statute; On filing due proof of the Service upon some of the heirs at law of the citation issued in this matter, & a consent signed by the widow & other heirs at law of the deceased waiving the service of said citation & consenting that said will may be proved at any time, this matter was now brought on to be heard, and all the witnesses to said will were produced in open Court & testified as follows.- In the matter of the proof & probate of the last will & testament of David Sittser decd. Cayuga County ---SS; Elliott G. Starke of Sennette in said County being duly sworn deposes and says, I was well acquainted with David Sittser late of Sennette afore said deceased, I was present when a certain instrument in writing now here shown to me dated the ninth day of October A. D. 1841 purporting to be the last will and testament of said deceased, was executed. I saw the deceased execute said instrument by affixing thereto his mark & seal. I heard him publish and declare the same to be his last will & testament. The deceased requested me to become a subscribing witness to the execution thereof. I do so & signed my name thereto as such witness in his presence. The deceased was in my opinion at the time of the execution of said instrument of a sound & disposing mind & memory & in all respects competent to make & publish a last will & testament and to devise real estate, he was of full age & under no restraint that I knew of. After the execution of the said instrument the same was left with me by the deceased for safe keeping, I kept the same safely in my possession until after the death of the deceased & until I brought the same before the Surrogate of Cayuga County for proof, while said instrument was in my possession it was in no respect altered or erased. Sworn this 10th day of December 1841 E. G. Storke Before me Geo. H. Wood Surrogate. In the matter of proof & probate of the last will & testament of David Sittser decd. Cayuga County ---SS; Amos Barns of Sennette in said county being duly sworn disposes & says I was well acquainted with David Sittser late of Sennette aforesaid deceased, I was present when a certain instrument in writing now here shown to me dated the ninth day of October A. D. 1841, purporting to the last will & testament of said deceased was executed, I saw the deceased execute said instrument by affixing thereto his mark & seal. I heard him publish and declare the same to be his last will & testament. The deceased requested me to become a subscribing witness to the execution thereof I did so & signed my name thereto as such witness in his presence. The deceased was in my opinion at the time of the execution of said instrument of a sound & disposing mind & memory, and in all respects competent to make & publish a last will & testament & to devise real estate, he was of full age & under no restraint that I knew of. Sworn this 10th day of December 1841 (signed) Amos Barns Before me Geo. H. Wood Surrogate Will The last will & testament of David Sittser of the town of Sennette, County of Cayuga & State of New York. I David Sittser considering the uncertainty of this mortal life do make and publish this my last will & testament in manner & form following (that is to say) It is my will and pleasure that my beloved wife Sarah shall have in addition to her right of dower the sole & exclusive use & occupancy of the house in which I now live together with the yard and garden adjoining & such fruit from the orchard as may be necessary for her use and convenience. Item, It is my will that my real & personal estate be divided among my children Andrew Sittser, Samuel Sittser, Matthew Sittser, Sally, wife of Thomas Barns, John Sittser & Peter Sittser as follows, To the said Peter, John & Sally each one seventh part thereof, To my son Samuel also one seventh part, excepting & deducting therefrom one hundred dollars, which seventh part shall be held by his son, David Bryan Sittser as trustee for the said Samuel & wife during their natural lives David Sittser having had this share is hereby excluded except of personal estate. To my son, Andrew Sittser, also one seventh part which shall be for his & his wifes benefit during their natural lives & shall then descend to their daughter Sarah M. Sittser. To my son, Matthew Sittser also one seventh which shall be for his & his wifes benefit & support during their natural lives. & I hereby appoint the said Matthew & [--?] Calvin W. Sittser guardians to manage such share as he the said Calvin W. Sittser may think most proper. Lastly, I appoint my sons, Matthew & John Sittser Executors of this my last will & testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand & seal this 9th day of October in the year of our Lord one thousand eight hundred & forty one. His David X Sittser (L.S.) mark The above instrument of one sheet was hereby [subscribed?] by David Sittser the testator in presence of each of us & was declared by him at the same time to be his last will & testament & we at his request sign our names hereto as attesting witnesses. E. G. Starke residing in Sennette Cayuga County, Amos Barns residing in Sennette Cayuga County. I hereby certify that the preceding is a true record of the preceding proofs & examination taken before me in the matter of the proofs & probate of the last will & testament of David Sittser late of Sennette in said County deceased as a will of real and personal estate, and also of the said will. And that the same were recorded the tenth day of December in the year of our Lord One thousand eight hundred & forty one. Geo. H. Wood Surrogate