Cayuga County ,Mentz, Cayuga County, NY NyArchives Wills.....Sayre, Jane January 25, 1862 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Robert Sayre rsayre@optonline.net November 8, 2008, 7:22 pm Source: Cayuga County Written: January 25, 1862 Recorded: September 2, 1863 Transcribed from SAMPUBCO copy by Robert J. Sayre. Cayuga County, NY, 6-P-234. Jane Sayre To the Surrogate of the County of Cayuga. The petition of James D. Button of the city of Auburn County of Cayuga and State of New York respectfully sheweth: That Jane Sayre late of the town of Victory in the County of Cayuga aforesaid, departed this life on or about the 15th day of September in the year of our Lord one thousand eight hundred and sixty two. That the said deceased was, at the time of her death, an inhabitant of the said county of Cayuga. That she has left a last will and testament, which is dated the 25th day of January in the year of our Lord one thousand eight hundred and sixty two. That in and by the said will the said deceased appointed your petitioner & Harriet Button Executors thereof: That the said deceased left the following heirs at law and next of kin to wit: Sarah A. Smith wife of David B. Smith, Margaret G. Ward wife of Edwin Ward of Mentz, Cay Co, Walter H. Sayre of the town of Victory, Cay Co, Nancy T. Smith wife of Walter H. Smith of the town of Wolcott, Wayne Co, Martha J. Harnden, wife of Daniel D. Harnden of Waverly, Tioga Co, N.Y. & Harriet Button aforesaid heirs at law. That said will relates to real estate. That the entire estate does not exceed four thousand dollars in value. That the petitioner is desirous of proving said last Will and Testament as a will of real estate, that the same may be recorded as such in pursuance of the statute in such ----- made and provided. Your petitioner therefore prays the Surrogate aforesaid that the - --- steps may be taken before him for that purpose. Aug 12, 1863. James D. Button. Cayuga County. James D. Button the above petitioner being 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 12th day of August 1863, before me Wm. B. Woodin, Surrogate. The undersigned heirs at law & next of kin of Jane Sayre dec’d do hereby admit due(?) personal service upon us and each of us of the within citation as required by law. Nancy Smith. Margaret G. Ward. In the presence of J.B. Kirkhuff. Cayuga County. J.B. Kirkhuff of the Town of Wolcott, County of Wayne, being sworn says that Nancy T. Smith & Margaret G. Ward signed their names to this paper as above represented in his presence. He knows them to be the ones represented in the within citation. And further that he served copies of the within citation on Walter H. Sayer and Sayrah A. Smith personally & at the same time showing them this original with the seal of the Surrogate the 17th day of August 1863. J.B. Kirkhuff. Subscribed and sworn before me this 25th day of August 1863. William Bates, Justice of the Peace. The People of the State of New York to Sarah A. Smith & Margaret G. Ward of Mentz, Cayuga Co, N.Y. Walter H. Sayre of the Town of Victory, Cay Co, Nancy T. Smith of Wolcott, Wayne county, N.Y. Martha J. Harnden of Waverly, Tioga Co. N.Y. & Harriet Button of the city of Auburn, heirs at law & next of kin of Jane Sayre, late of the Town of Victory aforesaid decd., send greeting: Whereas James D. Button of Auburn aforesaid has lately appeared to our Surrogate of the County of Cayuga for the proof of the will of Jane Sayre late of Victory in said county deceased, which said will relates to both real and personal estate: Therefore you and each of you are cited and required to appear at the office of the said Surrogate, in the city of Auburn, on the 28th day of August next at ten o’clock in the forenoon of that day, and attend the probate of the said will. In Testimony Whereof, We have caused the seal of office of our said Surrogate to be hereunto affixed. Witness Wm. B. Woodin, Surrogate of the county of Cayuga at the Surrogate office in the city of Auburn, this twelfth day of August in the year of our Lord one thousand eight hundred and sixty three. Wm. B. Woodin, Surrogate LS. The undersigned heirs at law & next of kin of Jane Sayre decd do hereby admit due personal service upon us and each of us of the within citation as required by law. Nancy T. Smith. Margaret G. Ward. In presence of J.B. Kirkhuff. Cayuga County ss: J.B. Kirkhuff of the town of Wolcott, County of Wayne being sworn says that Nancy T. Smith & Margaret G. Ward signed their names to this paper as above represented in his presence, and he knows them to be the ones aforesaid in the written citation. And further that he served copies of the written citation on Walter H. Sayer and Sayrah A. Smith personally & at the same time showing them this original with the seal of the Surrogate, on the 17th day of August 1863. William Bates, Justice of the Peace. The People of the State of New York to Sarah A. Smith & Margaret G. Ward of Mentz, Cayuga Co. N.Y. Walter H. Sayre of the town of Victory Cay Co, Nancy T. Smith of Wolcott, Wayne County, N.Y. Martha J. Harnden of Waverly, Tioga Co, N.Y. & Harriet Button of the city of Auburn, heirs at law & next of kin of Jane Sayre, late of the town of Victory aforesaid dec’d, send Greeting: Whereas James D. Button of Auburn aforesaid has lately applied to our Surrogate of the County of Cayuga, for the proof of the will of Jane Sayre, late of Victory in said county, deceased, which said will relates to both real and personal estate: Therefore you and each of you are cited and required to appear at the office of the said Surrogate in the city of Auburn, on the 28th day of August instant at ten o’clock in the forenoon of that day, and attend the probate of the said will. In Testimony Whereof, We the seal of office of our said Surrogate to be hereunto affixed. Witness Wm. B. Woodin, Surrogate of the county of Cayuga at the Surrogate’s office in the city of Auburn, this 12th day of August in the year of our Lord one thousand eight hundred and sixty three. Wm. B. Woodin, Surrogate L.S. I, Martha J. Harnden, the person named in the within citation do hereby admit due personal service thereof upon me as required by law. Martha J. Harnden. Harriet Button. In the presence of Daniel D. Harnden. In the matter of the proof and probate of the last will and testament of Jane Sayre, decd. Cayuga County, ss: Alfred Mead of the town of Mentz in said county being duly sworn deposes & says: I was well acquainted with Jane Sayre late of Mentz in the said county dec’d. Have been acquainted with her several years. I was present when a certain instrument, now shown to me, bearing the date of January 25th 1862 purporting to be her last will and testament was executed, I saw her sign it. I heard her publish it as her will. She requested me to be a witness to its execution. I became such I signed it in her presence. I supposed her to be a woman of sane mind, capable of making a last will. She was of full age, I saw no evidence of restraint. She was as competent as any person I ever knew of her age. I lived within a few rods of her. She had been there most of the time for a number of years. Alfred Mead. Subscribed & sworn to this 28th day of August 1863. Wm. B. Woodin, Surrogate. In the matter of the Proof and Probate of the last Will and Testament of Jane Sayre, decd. Cayuga County, ss: Polly Mead of the town of Mentz in said county being duly sworn says: I was well acquainted with Jane Sayre, late of the town of Mentz in the county of Cayuga aforesaid deceased, I was present when a certain instrument in writing, now here shown to me, bearing date the 25th day of January, A.D. 1862, and purporting to be the last will and testament of the said deceased was executed. I saw the deceased execute the same by signing her name at the end thereof. I heard her publish and declare the same to be her last Will and Testament. The deceased requested me to become a subscribing witness to the execution thereof. I did so, and signed my name thereto as such witness in her presence. The said deceased who was, in my opinion, at the time of the 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 she was of full age, and under no restraint that I know of. Polly Mead. Subscribed and sworn to, this 28th day of August A.D. 1863 before me Wm. B. Woodin, Surrogate. At a Surrogate Court held at the Surrogate’s office at the city of Auburn in & for the County of Cayuga on the 2nd day of September in the year of our Lord 1863. Present Wm. B. Woodin Surrogate. In the matter of the proof and probate of the last will and testament of Jane Sayre, deceased. Alfred Mead recalled says I have resided in Port Byron near thirty years. I have known Mrs. Sayre a number of years. She was in P. Byron with her children, first in one place & then in another. Can’t tell how long in all before will was executed. Can’t tell how long is was before will was executed I saw her last. I saw her at Doct. Button before will was executed. Will was executed at Dr. Buttons. Had conversation with her at Buttons several times before Exn. of will. Talked with her about her health, genl(?) conversations. She spoke of being afflicted. Can’t give her language. I am not able to give her language she used in these conversations. This will was executed in fore part of the evening between 7 & 8 o’clock. On that evening I was in her company 30 minutes. Dr. Button’s wife was present. Perhaps the children. My wife was there, we were requested to come there. Dr. Button requested us to come. Said that Mrs. Sayre wanted us to be witness to her will. We went over shortly after tea. He never spoke to me on the subject before. When we got there, Dr. Button his wife, Mrs. Sayre & some of Dr. Buttons children were in the room. Can’t tell what was first said, nor who said it. The paper was there, & I was asked to sign it. Mrs. Sayre was there. She occupied a chair. Can’t say as there was a stand or table by or before her. She spoke of the importance of making wills. There was talk between us on that subject. I can’t say she spoke of the importance of making will, or whether I spoke of it. I don’t know that I can give a word of conversation she addressed to me anything further than she requested me to sign it. I can’t give the form of expression she used. She gave me to understand that she wanted me to sign the will. I don’t know that I can give a single word she spoke. Don’t recollect who brought the will to her. She signed the will on a stand. Can’t tell whether it was there when I came in. Don’t know how it came there. I saw her sign it. I don’t know that she said anything at the time she signed it. Don’t know what kind of a pen she used, nor where she got it. After she signed it I think she spoke of the delicacy of people about making wills. I don’t recollect anything the Doctor said. Can’t give any words he made use of there that evening. I think she said to me, I want you to sign this. I recollect she requested me to sign it, but her language I can’t use. I did not hear the Doctor tell her it was necessary for her to ask me to sign the will. I have not had any conversation with Dr. Button about the will since it was executed. Except to notify me to appear before the Surrogate. She spoke of this paper as her will. She was an aged lady. I did not hear the will read. She spoke of it as her will. I am not positive of any word of English that she made use of. I went over there expecting to sign a will. I learned from her before she signed the will that she wanted me to sign that paper as her will. I will not pretend to use a word she did. Can’t tell a word she addressed to anybody else. The light stood on the table or stand. Can’t tell which. I don’t know as she knew the contents of the paper. She used the word will. She said she wanted I should sign it. I stood by the table when she signed the paper. Don’t know what old lady was doing while I signed as witness. Redirect. Don’t recollect as attestation clause was read over to me. Alfred Mead. Polly Mead recalled, I have known Mrs Sayre 10 or 12 years. I had many interviews with her before will was executed. I visited Dr Buttons frequently. She never said anything to me about making a will before will was executed. I think Dr Button came over & said the old lady wanted us to come over & witness her will. No one at Dr Buttons except Buttons family & Mrs Sayre when we got there. I did not have any talk with the old lady before will was signed. I know she talked generally before will was executed. I don’t know as I remember the conversation or any of it while I was there. I never knew that she used stimulant. She did not appear to be under the influence of stimulants at that time. Myself and husband came away then. I don’t remember how long we were there. Whether an hour or two or longer. The subject of the will was introduced soon after we got there. Don’t know who began it. The will lay on the stand or table when I first saw it. I think the pen & ink stood near her. I think she helped herself to it. Am not positive. I guess I was sitting when she signed it partly behind the side of her. She said it was her will that she wished to have me sign her will. I can’t say whether she requested before or after she signed. Did not hear Dr Button say anything about the will while I was there. I think she said it is my will. Was not requested not to speak of it. Never have been talked to about it. Myself and husband have not talked it over to compare our recollection. I thought she was a woman of good mind. She indicated to me that she was in full possession of her mental faculties. A woman of good judgment. Never observed any incoherency in her talk. Appeared that night just as she always did. I never witnessed a will before. I am not positive whether Dr Button asked her if it was her will. I know she asked me to sign it think she signed it first. When I came to the room think she spoke to me. Never have made any effort to remember what was said & done till now. I knew I was signing a will. She remained at the Doctors near 1st Mar, then went to visit another daughter Mrs Wards, & rem’d till 1st May and came back to Buttons. I visited the old lady at Mrs Wards & Dr Buttons after the will was executed. Had conversations with her, talked about various things. Don’t remember what it was. Don’t remember as any part of the will was read in my presence. Polly Mead. James D. Button sworn says – I rec’d this will from the testatrix after it was executed by her. It has been in my possession ever since. It is in the same condition now as when executed. The will is in my handwriting, was drawn the same day it was executed. I drew it at request of the testatrix. It was made to me the same evening I drew it. She had spoken frequently of it before that. She wished to dispose of the interest she had in property by deed. She was instructed by David Wright that she had a right to the possession of ½ of about 200 acres. The will was written 5 or 6 o’clock. She was present when it was written. She told me what to write. It was written just as she told me. I read it over to her that night before she signed it. My wife was present. She requested to go for the witnesses Mrs & Mr Mead & I went & got them. She was not under the influence of stimulant. She has taken opium when suffering pain. Never saw her when her mind was affected by it. I was in the house when the will was executed. I saw her sign. I told her the formalities of execution of will before she executed. I heard her declare the publication. She said to the witnesses this is my last will & testament. I wish or want you to witness it. Don’t think she called them by name. She was addressing Mr & Mrs Mead. They talked with her generally. She talked with them about the weather & sickness in the neighborhood. This request to the witnesses was about the time she signed it. Can’t tell whether before or after. I set the inkstand open before, think she helped herself. I did not at that time suggest to her that it was necessary for her to declare it. She did it of her own motion. I never advised her to make a will. She was a woman of good understanding & knew what she was doing. She did not say anything about the deeds at the time of the Execution of the will. Never observed any inconsistency in her conversation. She was an aged woman that had suffered a good deal. J. D. Button. Cayuga County, ss: I, James D. Button, & I, Harriett Button do solemnly swear that I will well, honestly & faithfully discharge the duty of Executor & Executrix of the last will & testament of Jane Sayre of the town of Mentz in the said county dec’d according to law. Jas. D. Button. Harriett Button. Subscribed & sworn on this 2nd day of September A.D. 1863. Wm. B. Woodin, Surrogate. Will I, Jane Sayre aged about 81 years, of the town of Victory, now residing in Port Byron, Cayuga County, do hereby make, publish and declare this my last will and testament as follows, viz: First, I direct the expenses of my board, nursing, care and attendance since November 1860, and of my last sickness and funeral, and also a bill for medical attendance due from me to Doct. Jas. D. Button made prior to the last date, be paid by the executors of this my will. Secondly, I order and direct my Executors to sell and convey all my real estate (which consists of one equal undivided half of the Homestead Farm on lot No. (15) Fifteen in the town of Victory, and farm containing about one hundred and eighty five acres) on such terms, and at such price as they may think proper, and after paying the above bills, charges and expenses, to pay the remainder to my four daughters Nancy T. Smith, Harriett Button, Margaret G. Ward and Martha J. Harnden share and share alike. 3rd I hereby nominate and appoint Jas. D. Button and Harriett Button my executors of this my last will and testament, in witness whereof I have hereunto set my hand this 25th day of January 1862. Jane Sayre. The above instrument was subscribed by us at the date hereof as witnesses, and said Jane Sayre the Testatrix subscribed the same in our presence and was declared by her to be her last Will and Testament, and we at her request have signed our names as witnesses. Alfred Mead of Port Byron, Cay. Co. N.York. Polly Mead of Port Byron, Cayuga Co. N.York. I hereby certify that the preceding is a true record of the proceedings, proofs & examinations had before me in the matter of the probate of the last will and testament of Jane Sayre, late of Mentz in Cayuga Co., dec’d, as a will of real estate, & also of said will & that the same were recorded Sept. 2, 1863. Wm. B. Woodin, Surrogate. Additional Comments: Jane Telford Sayre, born 1778 or 1779, died September 14 1862. Wife of Nathan H. Sayre. Buried at French Cemetery, Victory, NY. File at: http://files.usgwarchives.net/ny/cayuga/wills/sayre17nwl.txt This file has been created by a form at http://www.genrecords.net/nyfiles/ File size: 19.7 Kb