WILL: Mary Durling;  Aurelius, Cayuga co., NY 
surname: Durling, Rosekrans, Potter, Haight, Howes, Fowler, Hamilton,
Baker, Fisher, White, Brown, Saunders, Boynton, Sisson, Cuykendall

submitted by Alice Gershman (quayle at earthlink.net) 
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Copyright.  All rights reserved.
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Submitted Date: May 27, 2006
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Source: Sampubco.com
Cayuga co NY Will Book Vol. R page 163-167
Written: November 17, 1865
Recorded: November 17, 1865

Transcribed by Alice Gershman

MARY DURLING 

To the surrogate of the County of Cayuga: The petition of Christina Boynton of 
the town of Aurelius, County of Cayuga, and state of New York respectfully 
sheweth:  That  Mary Durling, late of the town of Aurelius in the County of 
Cayuga aforesaid departed this life on or about the 28th day of April in the 
year of our Lord, one thousand eight hundred and sixty six (1866). That the said 
dec’d was at the time of her death an inhabitant of the said County of Cayuga:  
That she had left a last Will & Testament which is dated the 17th day of 
November in the year of our Lord one thousand eight hundred and sixty five:  
That in & by the said Will, the deceased appointed your petitioner sole executor 
thereof:  That the said dec’d left the following heirs at law & next of kin to 
wit:   Jacob Rosekrans of Cleveland, Ohio, a brother of the testatrix. Your 
petitioner of Aurelius, Cayuga Co., NY.  Ellen Potter & Jane Haight of 
Petersburgh, Michigan: Mary Howes, Julia Romine & Isabella Fowler of Brownstown, 
Michigan.  Martha Hamilton & Laura Howes of Maumee City, Ohio, Athalinda Baker 
of Butler, Indiana & Maggie Fisher, somewhere in the state of Illinois, children 
of Rachel Fowler dec’d who was a sister of the testatrix, Lafayette Rosekrans, 
Conrad Rosekrans, George Rosekrans, Porter Rosekrans, Ellen White & Julia White 
of Moravia, Cayuga Co., NY.  Margaret Brown of Niles, Cayuga Co., Joshua 
Rosekrans of Venice, Cayuga Co., NY, Laura Saunders of Aurelius, Cayuga Co., NY, 
children of John Rosekrans dec’d who was a brother of the testatrix.  The 
descendants of William Rosekrans, who was a brother of the testatrix, but whose 
names & places of residence are unknown to your petitioner. The descendants of 
Peter Rosekrans dec’d, who was a brother of the testatrix, but whose names & 
places of residence are unknown to your petitioner & cannot after due diligence 
be ascertained.  That said Isabella Fowler is a minor having no general guardian 
residing in this state, to the knowledge of your petitioner.  That said will 
relates solely to personal estate, the whole of which will not exceed in value, 
the sum of three hundred dollars.  That your petitioner is desirous of proving 
said last Will & Testament as a will of personal estate:  That the same may be 
recorded as such in pursuance of the statute in such case made & provided. Your 
petitioner therefore prays the surrogate aforesaid that the necessary steps may 
be taken before him for that purpose.  Christina Boynton stated  May 3rd 1866 
Cayuga Co. aka  Christina Boynton the above petitioner being affirmed  says that 
the facts stated in the above petition by her signed, are true to the best of 
her knowledge & belief.  Christina Boynton affirmed this third day of May 1866 
before me, Albert L. Sisson, clerk, Surrogate Court  

The people of the state of New York  to Jacob Rosekrans of Cleveland, Ohio, 
Ellen Potter & Jane Haight of Petersburgh, Michigan, Mary Howes, Julia Romine & 
Isabella Fowler of Brownstown, Michigan,  Martha Hamilton & Laura Howes of 
Maumee City Ohio,  Athalinda Baker of Butler Indiana, Maggie Fisher somewhere in 
the state of Illinois, Lafayette Rosekrans, Conrad Rosekrans, George Rosekrans, 
Peter Rosekrans, Ellen White & Julia White of Moravia, Cayuga Co., NY, Margaret 
Brown of Niles, Cayuga Co., NY, Joshua Rosekrans of Venice, Cayuga Co., NY, 
Laura Saunders of Aurelius, Cayuga Co., NY.  The descendants of William 
Rosekrans & the descendants of Peter Rosekrans whose names, places of residence 
are unknown & cannot after diligent inquiry be ascertained heirs at law, next of 
kin of Mary Durling, late of  the town of Aurelius, Cayuga Co., dec’d, send 
greetings.  Thereas Christina Boynton of Aurelius, NY has lately applied to our 
surrogate of the County of Cayuga for the  proof of the will of Mary Durling, 
late of Aurelius in said county dec’d which said, Will relates to both, real & 
personal estate.  Therefore  you & each of you are cited and required to appear 
at the office of the said Surrogate in the city of Auburn on the 21st day of 
June next at 10 o’clock in the forenoon of that day & 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  (L.S.)  Witness, Wm. B. Woodin, surrogate 
of the County of Cayuga at the Surrogate’s office in the city of Auburn, this 
third day of May, in the year of our Lord one thousand eight hundred & sixty six.
Wm. B. Woodin, Surrogate, State of New York , City & County of Albany.
Said George W. Quackenbush, of the City of Albany, being duly sworn says that he 
is a foreman in the office of the Albany Evening Journal, the state paper 
published in the city of Albany & that the notice of which the annexed ad as 
printed copy has been regularly published in said Albany Evening Journal once in 
each week for six weeks successively commencing on the seventh day of May 1866. 
Geo. W. Quackenbush sworn before me this 18th day of June 1866.  Ph Ten Eyck, 
Commissioner of Deeds, Cayuga Co.

Said Jerrod Y. Boynton being duly sworn says that he served the annexed 
citation upon the following named persons at the times, places, in the names 
hereinafter stated to wit:   On Lafayette Rosekrans at Moravia, NY June 1st, 
1866. On Joshua Rosekrans at Moravia, NY June 1st, 1866.  On Conrad Rosekrans at 
Moravia, NY May 31st 1866.  On George Rosekrans at Moravia, NY May 31st 1866.  
On Porter Rosekrans  at Moravia 31st 1866.  On Ellen White at Moravia, NY May 
31st 1866.  On Julia White at Moravia, NY May 31st 1866.  On Margaret Brown at 
Niles, NY May 31st 1866. By delivering to & leaving  with each of them a copy 
thereof & at the same time shewing to each of them the original & deponent, 
further says that he served said citation  upon Louisa Saunders by delivering to 
& leaving with Henry Saunders, her son, a person of suitable age & discretion, a 
copy thereof at the same time shewing the original to said Louisa Saunders, 
being at that time absent from home.   J.F. Boynton, subscribed & sworn to 
before me this 21st day of June 1866---Albert L. Sisson, clerk, Surrogate Court, 
Cayuga Co.

Said Albert L. Sisson  being duly sworn says that on the 5th day of May 1866, he 
deposited in the Post Office in the City of Auburn, copies of the annexed 
citation enclosed in envelopes postage paid, addressed as follows: Jacob 
Rosekrans, Cleveland, Ohio; Ellen Potter. Petersburgh, Michigan & Jane Haight, 
Petersburgh,, Michigan, Mary Howes of Brownstown, Michigan.  Julia Romine 
Brownstown, Michigan, Isabella Fowler Brownstown, Michigan, Martha Hamilton 
Maumee City, Ohio, Laura Howes Maumee City, Ohio, Athalinda Baker,  Butler 
Indiana, & deponent further says that he was informed & believes there was on 
this  6th day of May 1866 regular mail communication between said city of Auburn 
& the several places above named.  Albert L. Sisson subscribed & sworn to this 
21st day of June 1866.  Wm. B. Woodin, Surrogate

In the matter of the proof  & probate 
of the last Will & Testament of
Mary Durling, dec’d

I, Albert L. Sisson, of the city of Auburn, do hereby consent to act as special 
guardian of Isabella Fowler, a minor heir-at-law & next of kin of Mary Durling, 
late of the town of Aurelius, Cayuga Co. dec’d, for the sole purpose of 
appearing for her & taking care of her interests in the matter of the proof & 
probate of the last Will & Testament of the said dec’d & consent that said 
Will be admitted to probate at once dated June 21st 1866.  Albert L. Sisson in 
presence of Wm. B. Woodin

In the matter of the proof & probate 
of the last Will & Testament of
Mary Durling dec’d

At a surrogate’s Court held at the surrogate’s office in the City of  Auburn in 
& for the County of Cayuga on the 21st day of June A.D. 1866:  Present Wm. B. 
Woodin surrogate.  An instrument in writing purporting to be the last Will & 
Testament of Mary Durling, late of the town of Aurelius in said county dec’d was 
offered for proof & probate aka Will of real & personal estate pursuant to the 
statute in such case made & provided.  On filing due proof of the publication & 
service of the citation heretofore issued in this matter requiring the heirs at 
law & next of kin of said dec’d to attend the proof & probate of said last Will 
& Testament of the said dec’d before the said surrogate at his office aforesaid 
this day & Albert L. Sisson special guardian of the minor heir at law appearing 
in open court.  It is ordered that this matter be now brought on to be heard & 
both of the subscribing witnesses to said Will were produced in open court 
testified as follows:

Cayuga Co.:  Said John Cuykendall of the town of Owasco in said county being 
duly sworn says I was well acquainted with Mary Durling late of the town of 
Aurelius in the County of Cayuga aforesaid dec’d.  I was present when a certain 
instrument in writing now here shown to me bearing date the 17th day of November 
A.D. 1866 & purporting to be the last Will & Testament of the said dec’d was 
executed.  I saw the dec’d execute the same by making her mark at the end 
thereof.  I heard her publish & declare the same to be her last Will & 
Testament.  The dec’d requested me to become a subscribing witness to the 
execution thereof.  I did  so & signed my name thereto as such witness in her 
presence.  The said dec’d 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 & to devise real estate.  That she was of 
full age & under no restraint that I know of.  I view the Will & Testament of 
the dec’d.  It is the same now in all respects as when executed by her.   John 
Cuykendall, subscribed & sworn to this 21st day of June A.D. 1866 before me.  
Wm. B. Woodin, Surrogate

In the matter of the proof & probate
of the last Will & Testament of 
Mary Durling dec’d

Cayuga County:  Said Martin  S. Cuykendall of the town of Owasco in said county 
being duly sworn says, I was well acquainted with Mary Durling late of the town 
of Aurelius in the County of Cayuga  aforesaid dec’d.  I was present when a 
certain instrument in writing now here shown to me bearing date the 17th day of 
November A.D. 1866 purporting to be the last Will & Testament of the said dec’d 
was executed.  I saw the dec’d  execute the same by making her mark at the end 
thereof.  I heard her publish & declare the same to be her last Will & 
Testament.  The dec’d requested me to become a subscribing witness to the 
execution thereof.  I did so & signed my name thereto as such witness in her 
presence.  The same dec’d was in my opinion at the time of the execution of said 
instrument of a sound & disposing mind & mwmory & in all respects competent to 
make & publish a last Will & Testament & to devise real estate.  That she was of 
full age & under no restraint that I know of.  Martin S. Cuykendall subscribed & 
sworn to  this 21st day of June A.D. 1866 before me. Wm. B. Woodin, Surrogate of 
Cayuga County.

Cayuga County: I, Christina Boynton do solemly swear that I will honestly & 
faithfully discharge the duty of Executrix of the last Will & Testament of Mary 
Durling according to law.  Christina Boynton sworn to this 21st day of June A.D. 
before me.   Wm. B. Woodin, Surrogate

WILL OF MARY DURLING

I, Mary Durling of Owasco, Cayuga Co., NY, being of sound & disposing mind & 
memory do publish & declare this my last Will & Testament as follows viz.:  
First, I direct that all my just debts & funeral expenses be paid & a good stone 
be placed at my grave.  Second, I give all my estate of every name & nature to 
Christina Boynton, wife of Yost Boynton.  Third, I nominate & appoint the said 
Christina Boynton my executor to execute this my last Will & Testament thereby 
revoking all former wills by me made. In witness whereof I have hereunto 
subscribed my name & affixed my seal this 17th day of November 1865.  
Mary Durling  x (her mark)  (L.S.) signed, sealed, published & declared by the 
testator to be her last Will & Testament in our presence who at her request & in 
her presence & in the presence of each other subscribed our names thereto.  Said 
witnesses Jno. Cuykendall, Owasco, Cayuga Co., New York;  Martin S. Cuykendall 
Owasco, Cayuga Co., NY.

I hereby certify that the preceding is a true record of the proceedings, proofs 
& examinations had before me in the matter of the proof & probate of the last 
Will & Testament of  Mary Durling late of the town of Owasco in the County of 
Cayuga dec’d, as a Will of personal estate & also of the said Will & that the 
same was recorded June 21st 1866.

W.B . Woodin, Surrogate