WILL: Nathaniel Saxton; Auburn, Cayuga co., NY surname: Saxton, Ostrander, Smith, Bingham, Mitchell, Zimmerman, Hubbard, Jacobs, Pelton submitted by Peter Scarborough (wcfccoach1 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: November 28, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 15.1 Kb ************************************************ Source: sampubco.com Cayuga co NY Will Book Vol. K page 61 Written: February 5 1835 Recorded: March 2 1854 Transcription of the Probate File of Nathaniel Saxton Nathaniel Saxton To the Surrogate of the County of Cayuga the petition of Reuben Saxton of the Town of Conquest, County of Cayuga, and State of New York respectfully sheweth that Nathaniel Saxton late of the Town of Conquest in the County of Cayuga aforesaid, departed this life on or about the Fourteenth day of August in the year of our Lord one thousand eight hundred and fifty three. That the said deceased was at the time of his death an inhabitant of the said County of Cayuga. That he has left a Last Will and Testament, which is dated the fifth day of February in the year of our Lord one thousand eight hundred and thirty five. That in and by the said Will the said deceased appointed your petitioner and Warren A. Smith Executors thereof. That the said deceased left the following heirs at law and next of kin to wit: John Saxton of Newfield, Tompkins County, Thomas Saxton of Westerloo, Albany County, Amanda Ostrander wife of Stephen Ostrander of Saratoga Springs Saratoga County, Hannah Bingham wife of Thomas J Bingham of Floyd Oneida County, Nathaniel Saxton Jr. of the State of California, Anna Mitchell wife of Zephaniah P Mitchell of the state of Michigan, Abigail Smith wife of Warren A Smith of the state of Ohio, and your petitioner, children of the deceased, Nathaniel G. Saxton of the state of Michigan, Orpha Zimmerman wife of ____ Zimmerman, Mary Saxton, Susan Saxton, Emily Saxton, Herania Saxton, Sarah Ann Wright wife of ____ Wright, Cynthia Hubbard wife of ___ Hubbard, Lydia E. Jacobs, Olive Jacobs, Esther Jacobs, Volney Jacobs, Nathaniel Jacobs, of the state of Ohio, grandchildren of the deceased. That the said Emily Saxton, Herania Saxton, Esther Jacobs and Nathaniel Jacobs are minors and have no General Guardian. That the said deceased left Susannah Saxton his widow, who resides in Conquest aforesaid. That said Will relates to both real and personal estate. That your petitioner is desirous of proving said last Will and Testament as a Will of real and personal estate, that the same may be recorded as such in pursuance of the statute in such case made and provided. Your petitioner therefore prays the Surrogate aforesaid that the necessary steps may be taken before him for that purpose and that Edwin R. Marvin of Auburn Cayuga County may be appointed Special Guardian of the said minor heirs at law and next of kin for the sole purpose of appearing for them and taking care of their interests in the further proceedings in this matter. Dated January 11, 1854 Reuben Saxton Cayuga County ss: Reuben Saxton the above petitioner, being duly sworn, deposes and says that the facts stated in the above petition by him signed are true to the best of his knowledge and belief. Sworn this Eleventh Reuben Saxton Day of January 1854 before me Jacob R How, Surrogate Surrogate's Court. I, Edwin B. Marvin, of Auburn Cayuga County, Do hereby consent to act as Special Guardian of Emily Saxton, Herania Saxton, Esther Jacobs, and Nathaniel Jacobs minor heirs at law and next of kin of Nathaniel Saxton late of Conquest Cayuga County, Deceased for the purpose of appearing for them and taking care of their Interests in the further proceedings in this matter. Witness my hand this Eleventh day of January, AD 1854, in Presence of Jacob ? How E B Marvin. The People of the State of New York, by the grace of God free and independent, To Susannah Saxton of Conquest, Cayuga County, John Saxton of Newfield, Tompkins County, Thomas Saxton of Westerloo, Albany County, Amanda Ostrander, wife of Stephen Ostrander of Saratoga Springs Saratoga County, Hannah Bingham wife of Thomas J Bingham of Floyd Oneida County, Nathaniel Saxton Jr. Anna Mitchell wife of Zephaniah P Mitchell, Nathaniel G Saxton of the State of Michigan, Abigail Smith wife of Warren A Smith, Orpha Zimmerman wife of ____ Zimmerman, Mary Saxton, Susan Saxton, Sarah Ann Wright wife of ____ Wright, Cynthia Hubbard wife of ___ Hubbard, Lydia E Jacobs, Olive Jacobs and Volney Jacobs of the State of Ohio, widow, heirs at law and next of kin of Nathaniel Saxton, late of Conquest, Cayuga County deceased and Edwin B Marvin of Auburn Cayuga County, Special Guardian of Emily Saxton, Herania Saxton, Esther Jacobs and Nathaniel Jacobs of the State of Ohio, minor heirs at law and next of kin of the said deceased, Greeting. You and each of you are hereby cited and required personally to be and appear before our Surrogate of our County of Cayuga, at his office in Auburn in said County on the second day of March next, at ten o'clock in the forenoon of that day to attend the proof and probate of the Last Will and Testament of the said Deceased which relates to both real and personal estate, and is presented for proof and probate by Reuben Saxton Executor therein named, and here of fail not. In testimony hereof, we have caused the seal of office of our (JRH) said Surrogate to be hereunto affixed. Witness Jacob R How, Surrogate of said County, at Auburn, the Eleventh day of January, in the year of our Lord one thousand eight hundred and fifty four. (s) Jacob R How, Surrogate We hereby admit personal service of a copy of the written citation more than fifteen days before the return day hereof. E B Marvin Special Guardian of minor heirs and next of kin, Susannah Saxton, Hannah Bingham, Amanda Ostrander, Thomas Saxton, John Saxton, In Presence of Sarah Bingham Edward Ostrander,________________ late of New York, City and County of Albany, Eliphalet J Burnham of the City of Albany, being duly sworn, says that he is the Foreman in the office of the Albany Argus, the State Paper, and that the notice of which the annexed is a printed copy, that has been regularly published in said Albany Argus, once in each week for six weeks, successively, commencing on the 13th day of January, 1854. (s) E J Burnham Sworn before me this 23rd Day of February 1854. J S Johnson, Commissioner of Deeds. At a Surrogate's Court, held in the Surrogate's office in the City of Auburn in and for the County of Cayuga, on the Second Day of March AD 1854 Present, Jacob R How, Surrogate An instrument in writing purporting to be the Last Will and Testament of Nathaniel Saxton late of Conquest in said County deceased, was offered for proof and probate as a Will of Real and Personal estate, pursuant to the Statute. On filing due proof of the publication and service of the citation offered in this matter, the same was brought on to be heard, and two of the subscribing witnesses were produced in open court, and testified as follows. Cayuga County ss: In the matter of the Proof & the Probate of the Last Will & Testament of Nathaniel Saxton, Deceased. Cruger Walton of Saratoga Springs in County of Saratoga, being duly sworn, deposes and says, I was well acquainted with Nathaniel Saxton late of Conquest, Cayuga County, deceased. I was present when a certain instrument in writing now here shown to me, dated the fifth day of February in the year of our Lord one thousand eight hundred and thirty five, and purporting to be the Last Will and Testament of the said deceased was executed. I saw the deceased execute said instrument by signing his name thereto. I heard him publish and declare the same to be his Last Will and Testament. The deceased asked me to become a subscribing witness to the execution thereof. I did so and signed my name thereto as such witness in his presence. The said deceased was, in my opinion, at the time of execution of said instrument of a sound and disposing mind and memory and in all respects competent to make and publish a Last Will and Testament and to devise real estate, that he was of full age and under no restraint that I know of. (s) Cruger Walton Sworn this 2nd Day of March 1854, before me Jacob R How, Surrogate Cayuga County ss: In the matter of the Proof & The Probate of the Last Will & Testament of Nathaniel Saxton deceased L F William Warren of Saratoga Springs in the County of Saratoga being duly sworn deposes and says. I was well acquainted with Nathaniel Saxton late of Conquest, Cayuga County, deceased. I was present when a certain instrument in writing now here shown to me, dated the fifth day of February in the year of our Lord one thousand eight hundred and thirty five, and purporting to be the Last Will and Testament of the said deceased was executed. I saw the deceased execute said instrument by signing his name thereto. I heard him publish and declare the same to be his Last Will and Testament. The deceased asked me to become a subscribing witness to the execution thereof. I did so and signed my name thereto as such witness in his presence. The said deceased was, in my opinion, at the time of execution of said instrument of a sound and disposing mind and memory and in all respects competent to make and publish a Last Will and Testament and to devise real estate, that he was of full age and under no restraint that I know of. (s) Wm. L F Warren Sworn this 2nd Day of March 1854, before me Jacob R How, Surrogate Cayuga County ss: In the matter of the Proof & Probate of the Last Will & Testament of Nathaniel Saxton Deceased Reuben Saxton of Conquest in said County being duly Sworn deposes and says, The instrument in writing mentioned and described in the foregoing testimony was found by me soon after the death of the said deceased in the place where he usually kept his private papers. I took the same into my possession and kept it safely until I brought it before the Surrogate of Cayuga County for Proof and Probate. While the same was in my possession it was in no respects altered or erased. (s) Reuben Saxton Sworn this 2nd day of March 1854 before me (s) Jacob R How, Surrogate Will In the name of God, Amen, I, Nathaniel Saxton, of Saratoga Springs of the County of Saratoga, Do make this my Last Will and Testament as follows. First, I resign my Soul into the hands Almighty God, hoping and believing in a remission of my sins by the Merits and mediation of Jesus Christ, and my body I commit to the Earth, to be buried at the direction of my Executors, hereinafter named, and my worldly estate I give and devise as follows. First, it is my will and desire that all my estate, both real and personal be sold by my Executors, hereinafter named, or the survivor of them, for the best price they can obtain, and the avails of the same be distributed among my Sons, Nathaniel Saxton Jun., John Saxton, Reuben Saxton, Gersham Saxton, & Thomas L. Saxton, and my daughters, Edith Pelton, Anna Mitchell, Abbey Smith, Sarah Jacobs, Amanda Ostrander, & Hannah Bingham in the following manner & Proportion, to wit: all of my said daughters shall receive one half as much as my said Sons of the said avails, except the said Anna Mitchell, who shall receive only one quarter as much, that is to say, the share of each of my said Sons is to be equal, and when they receive two dollars each my said daughters (except said Anna) all to receive one dollar each, and said Anna only half as much as either of my other said daughters. Second. If either of my said Sons or the husbands of my said daughters, shall be indebted to me by note at the time of my decease, so much as they shall be so indebted is to be deducted from their respective legacies under this will, or from the legacies of their said wives, as the case may be. Third. In case either of my said daughters shall decease I do direct that the share allotted to such daughter shall be given to the children of such daughter. Fourth. I do also will and direct that the legacies above given to my said daughters shall be held by my said Executors in trust for them respectively, to be invested on good land security, and the income appropriated to the use of my said daughters & their children until their respective children shall come to the lawful age of twenty one years, and after that period the share of each of my said daughters is to be paid to them if living, & if not then to the children of such deceased daughter. Fifth. I do hereby appoint my Son Reuben Saxton and my son in law, Warren A Smith Executors of this my Last Will and Testament, going to them all necessary powers to carry into effect this will, but not intending to cancel any debt they may owe me at my decease except as herein before mentioned. Sixth. All the residue & remainder of my Estate, real and personal, I give, devise & bequeath to my aforesaid Sons and Daughters (meaning my natural and lawful sons & not sons in law). In witness whereof I have hereunto put my hand & seal this 5th day of February 1835. (s) Nathaniel Saxton (LS) The above instrument consisting of one sheet was now here subscribed by Nathaniel Saxton, the Testator, in the presence of each of us, & was at the same time declared by him to be his Last Will and Testament, & we at his request, Sign our names hereto as attesting witnesses. (s) Wm. A Reach, residing at Saratoga Springs (s) Cruger Walton, residing at the same place (s) Wm. L F Warren, residing at Saratoga Springs Renunciation To the Surrogate of Cayuga County ss: I, Warren A Smith, named as an Executor in the Last Will and Testament of Nathaniel Saxton late of Conquest, Cayuga County, Deceased, do hereby renounce acting as such Executor, and pray that this, my renunciation may be entered accordingly. Witness my hand this 24th day of January AD 1854. In Presence of H. Vinal, Sam'l M Wheeler. (s) W. A. Smith I hereby certify that the preceding is a true record of the proceedings, proofs, & examinations taken before me in the matter of the Proof & Probate of the Last Will and Testament of Nathaniel Saxton late of the town of Conquest, in the County of Cayuga deposed as a Will of Real & Personal Estate & also of the said Will & Testament were recorded on the second day of March in the year of our Lord one thousand eight hundred fifty four. (s) Jacob R. How, Surrogate Additional Comments: Nathaniel Saxton was my ggg-grandfather. There is one given name I have not been able to verify: "Herania" SAXTON. If anyone has additional information on this family, especially Nathaniel's parents, please contact me.