WILL: John R. Wheeler; Chazy, Clinton co., NY surname: Wheeler, Wardner, Chamberlain submitted by Kathleen Christensen (christen @ oregontrail.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO photocopy by Kathleen Christensen Date Written 11 Nov 1872 Date Probated 1 Nov 1875 Clinton co NY Will Book Vol. J page 26 Will of John R. Wheeler Clinton County ss: Be it remembered that heretofore, to wit, on the 1st day of November 1875 a petition was duly filed in the office of the Surrogate of the said County of Clinton for the probate of the last will and testament of John R. Wheeler late of Chazy, in said county deceased, and that a citation was thereupon issued to the widow and the heirs and next of kin of said deceased returnable on the 15th day of November 1875 in the Court before said citation was returned, when Nathan Wardner, the executor therein named duly appeared in the Court and Ransom Wheeler a ligater in said will named also appeared with George L. Clark, his Counsel, and objected to the probate of the Codicil to said will and thereupon at the request of the parties the said matter was duly adjourned to the 29th day of November 1875, at the office of said Surrogate in Plattsburgh, in said County, when the said Nathan Wardner and the said Ransom Wheeler with his said Counsel appeared in Court and Daniel S. McMaster, Esq., and attorney and Counselor of Plattsburgh, who had on his written consent/ being duly appointed the special guardian for John Chamberlain, Newell Chamberlain, Ettie Chamberlain and Frank M. Chamberlain minors and the only heirs and next of kin of said deceased for the sole purpose of taking care of their interest in this matter also appeared and the said Ransom Wheeler having filed objections to the probate of the Codicil to the said will and thereupon the said matter was at the request of the parties adjourned to the 6th day of December 1875, at the office of said Surrogate in Plattsburgh, which said adjournments were made by orders duly entered by this Court, that the parties aforesaid and the said special guardian again appeared in this Court before the said Surrogate, who then and there proceeded to take the proof of the said will and the codicil thereto, which occupied several days, and after the proofs and examinations of the witnesses as produced in Court on oath, and after having the arguments of the Counsel for the respective parties, the said Surrogate having duly considered the same did adjudge and decree that the said will and the said Codicil thereto were each duly executed and that the said testator at the time he executed the said Codicil was in All respects competent to devise real estate and not under any restraint and that the said will and Codicil thereto are genuine and valid and did adjudge and order that the said will and the said Codicil and the proofs and examinations taken in respect thereto be recorded, and that the said will and the said Codicil be admitted to probate, and that said will and Codicil be established as a will of real and personal estate, the said last will and testament and the said codicil thereto and the said proof and examinations taken in respect thereto are herein and herby recorded as follows, that is to say: Will In the name of God Amen, I John R. Wheeler of the town of Chazy, in the county of Clinton and the State of New York now aged seventy eight years, being of sound and disposing mind and memory and realizing the uncertainty of this life do hereby make, ordain, publish and declare this my last will and testament in manner and form following that is to say: First, I direct my executor hereinafter named and appointed to pay all my just debts and my necessary burial expenses and the expense of settling my estate out of any property that I may have at my death. Second, I give and bequeath to my adopted son Ransom S. Wheeler now supposed to be in the State of Iowa, the sum of five hundred dollars, to be paid to him his heirs or assignees by my executor hereinafter named. Third, after fulfillment of the above directions and bequest, I give and bequeath all the rest, residue and remainder of my property both real and personal of whatever kind and whatever or wherever the same may be to my well beloved wife Christiana Wheeler, should she survive me, during her natural life, except that the sum of three hundred ($300.00) dollars of the said residue and remainder I give and bequeath to her absolutely her heirs and assignees forever. Fourth, After the death of my wife Christiana Wheeler or in case she should not survive me I give and bequeath and devise all the said rest, residue and remainder of my said real personal property and estate after fulfilling the first and second items of this will to my respected son-in-law Nathan Wardner, the husband of my late daughter Christiana Wardner now deceased, and to his heirs or assignees forever; trusting however that my said son-in-law will at the proper time do something to aid the four orphan children of my late daughter Amanda M. Chamberlain, now deceased; but in what amount he shall aid them or either of them or when I leave entirely and wholly to his judgment and discretion, feeling confident that he will do what is best and proper in the matter. Fifth, and Lastly, the provisions in this will for the benefit of my wife Christiana are made for her in lieu of dower and I hereby expressly revoke all other or former wills by me made. I also hereby nominate and appoint my said son-in-law Nathan Wardner sole executor of this my last will and testament and I hereby fully authorize and empower my said Executor to contract such and convey any or all of the real estate that I may own at my death should the same be necessary in carrying out the provisions of this will. In witness whereof, I have hereto set my hand and seal this eleventh day of November 1872. John R. Wheeler (L.S.) The above written instrument consisting of the papers, this being commenced at the bottom of the third page thereof was on the day the same bears date, subscribed by the said testator named therein John R. Wheeler in our presence and he at the same time declared the said instrument so subscribed by him to be his last will and testament and requested us and each of us to subscribe our names as witnesses thereto which we have accordingly done in his presence and in the presence of each other. The words "and devise" on the second page of the said will were xxxxx before the Execution of said will by said testator. Geo. L. Clark of Plattsburg, NY Hiram Clark of West Chazy, NY Codicil Whereas I John R. Wheeler of the town of Chazy, in the county of Clinton, and State of New York having made my last will land testament in writing bearing date November eleventh 1872 in and by which I have giving and bequeath to my adopted son Ransom S. Wheeler the sum of five hundred dollars. Now therefore I do by this my writing which I hereby declare to be a codicil to my said last will and testament and to be taken as a part thereof, ordain and declare that my will is that whereas said Ransom S. Wheeler having returned from the west and asserts that he has a claim against me which he affirms or declares I have not paid, which claim affirmation and dictation is false, thereupon I do declare and publish that I do hereby revoke and annul item second of my said will and testament which bequeaths to Ransom S. Wheeler five hundred dollars. I do hereby will and bequeath said five hundred dollars to my beloved wife Christiana Wheeler. In witness whereof I have hereunto subscribed my name and affixed my seal the twenty-fifth day of February in the year of our Lord one thousand, eight hundred and seventy five. John R. Wheeler (L.S.) The above written instrument was subscribed by the said John R. Wheeler in our presence, and acknowledged by him to each of us, and he at the same time published and declared the above instrument so subscribed to be his last will and testament and we at the testators request and in his presence have signed our names as witnesses hereunto and written opposite our names our respective place of residence. Dudley R. Robinson, West Chazy, NY Mrs. Lucinda F. Ladd, Kerswith Essex Co., NY Surrogates' Court, Clinton County, New York In the matter of the proof) Examination of Of the last will & testament) witnesses taken in Of) open Court before G. M John R. Wheeler) Beckwith Surrogate Deceased) of Clinton County, NY State of New York) Clinton County ) George L. Clark of Plattsburgh and Hiram Clark of Chazy in Clinton County being each first duly sworn and examined in open court, on their oaths do depose and say that they were personally acquainted with John R. Wheeler late of Chazy, in the county of Clinton, deceased, that they are the subscribing witnesses to the last will and testament of the said John R. Wheeler late of Chazy, in said County of Clinton deceased and these deponents further say that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which is now here shown to these deponents and offered for probate and purporting to be his last will land testament and bearing date on the 11th day of November, 1872, that the said deceased at the time of so subscribing his name to the said instrument, did declare the same to be his last will and testament that these deponents did thereon subscribe their names at the end of the said instrument as attesting witnesses to the execution thereof, at the request of the said deceased in his presence and in presence of each other that the said deceased at the time of so subscribing his name - thereto, was a citizen of the United States upwards of twenty-one years of age and that he appeared to be of sound mind, memory and understanding and was not under any constraint to the knowledge of these deponents. Taken, subscribed and Sworn) Geo. L. Clark To this 29th day of November) Hiram Clark 1875 before me in open Court) G.M. Beckwith Surrogate Surrogate Court, Clinton County, New York In the matter of the) Examination of Witnesses Last will and testament) taken in open Court before Of) G.M. Beckwith Surrogate John R. Wheeler) of Clinton County, NY Deceased) State of New York) Clinton County ss: Dudley R. Robinson Of Chazy, in Clinton County and Louisa F. Ladd of Kerswith, NY, being each first duly sworn and examined in open Court on their oaths do depose and say that they were personally acquainted with John R. Wheeler late of Chazy, in the county of Clinton deceased, that they are the subscribing witnesses to the codicil to the last will and testament of the said John R. Wheeler late in Chazy, in said County of Clinton, deceased, and these deponents further say that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument, which is now xxx shown to these deponents xxxx appeared for probate and purporting to be a codicil to his last will and testament and bearing date on the 25th day of February 1875, that the said deceased at the time xxxx subscribing his name to the said instrument did declare the same to be a codicil to his last will and testament, that these deponents did therein subscribe their names at the end of the said instrument as attesting witnesses to the execution thereof, at the request of the said deceased, in his presence and in the presence of each other: That the said deceased at the time of so subscribing his name thereto, was a citizen of the United States upwards of twenty one years of age, and that he appeared to be of sound mind, memory and understanding, and was not under any constraint to the knowledge or belief of these deponents. Mrs. Wheeler the widow and Nathan Wardner were present. Taken, subscribed and sworn ) Lucinda F. Ladd To this 6th day of December ) D. R. Robinson 1875 before me in open Court ) G.M. Beckwith Clinton County Surrogate Lucinda F. Ladd being duly sworn says on Cross Ex. : I reside in Kerswith, Essex County. I have resided there last 3 years. I am in no way related to Mr. or Mrs. Wardner or old Mrs. Wheeler or Mr. John R. Wheeler, now deceased. Before three years ago I lived in Plattsburgh and Benson, Vt. I am the widow of James Ladd. I was at Chazy three weeks last February. I stayed at Mr. Wardners. I was visiting. I went there Feb. 10th. I remained until March 4. I had visited them before. Mr. and Mrs. Wheeler occupied the south room in the house and a bedroom off from it. I saw neither the will or codicil drawn up. I don't know when the codicil was written. I didn't know Ransom Wheeler until I first saw him there in February. I saw him at the table. I first heard of the codicil when I was called in to sign it. Mr. Wardner called me into the south room to sign it. I think Mr. Robinson and I went in together. I think it was in the afternoon. I heard no one else spoken to to join. When I first went into the room Mr. And Mrs. Wheeler and Wardner and perhaps Robinson were there. Mr. Wheeler was sitting within a few feet of the table. Nothing was said to me until Mr. Robinson was present. Mr. Wardner first spoke to Mr. Wheeler and asked him if this was his last will and testament and if he wished Mr. Robinson and myself to witness it. He said it was his last will and testament.. Mr. Wardner then asked him if he wanted us to sign it and he said he did. Mr. Wardner took hold of the paper we signed, when he asked Mr. Wheeler the questions. The paper was lying on the table when we went in. I cannot tell whether the paper was attached to another paper when I witnessed it. Mr. Robinson signed it first. Nothing else was said to or by Mr. Wheeler before we signed, that I remember except what I have stated. Recess for dinner I only sat down long enough to write my name. I sat down at the table after Robinson had signed his name. I then went immediately out of the room after signing my name. I don't know whether Mrs. Wheeler was sitting down or not. Mr. Robinson left at the same time I did. Mrs. Wardner was not in the room at all. Mr. Wheeler got up from his chair and came to the table and signed his name before we left the room. He signed his name to the paper on the table which we signed. I don't want to vary my statement of what I swore occurred, before dinner. Mr. Wardner took hold of the paper, that was the first thing that was done. He first asked the question if Mr. Wheeler wanted us to sign our names. He said I do. He spoke. I am under the impression he did speak. Robinson then signed his name and then I did. Mr. Wheeler signed his name after we did. I think. I should say so. Don't remember whether he signed his name before or after we did. Don't remember, certainly. I know he signed his name in our presence. I saw him sign his name. I can't tell on which paper he signed his name-paid no attention to that-I have no remembrance of Wheeler's saying anything except to answer those two questions I have mentioned. I think I did not hear either of the papers read to him. According to my recollection I did not. I think no paper was read to me in room and no more of its substance stated than I have stated. I don't know whether Mr. Wheeler sat by the table when I came out of the room. I don't remember of having been in that room that morning before that time. I should say I left Mr. Wardner in room when I went out. Don't remember of Mr. Wheeler speaking of Ransom Wheeler while I was there. I saw Mr. Wheeler when he took the pen, writer, and suppose he wrote his name. Did not look at paper to see what he wrote. Saw but one paper there. Direct. Mr. Wheeler wrote on the paper on the table, Don't recollect the seal. I wrote on same paper Robinson did. I saw him at table at meals before that and he talked considerable and talked rationally. He talked about my husband's father and brother. I was there about three weeks. He took his meals with us except one morning when he was sick in the night before. It was not the morning he signed the Codicil. The morning he was sick the 15 or 16 of Feb. after that he came to meals as usual. I witnessed other papers for him after that. Cross Ex - He was sick one of the nights Mr. And Mrs. Leuk were there. They were there 15 and 16. He knew me when I first went there. I am and was then very nearsighted. I never saw him spit back his victuals out onto his plate or table, nor wipe his eye with his handkerchief, after dipping it into his tumbler and then drink from it. Sworn and examined in ) Louisa F. Ladd Open court before me ) This 8th day of December 1875 ) G. M. Beckwith Surrogate Dudley R. Robinson being duly sworn says on cross ex.- I live at West Chazy, have lived there ten years at least. Have known old Mr. Wheeler about nine years. Knew him before he moved up from the farm to West Chazy, about 4 years ago he moved up. He had a son, Newell who died September 1872. At the death of Newell he had no child living except Mrs. Wardner. Mrs. Chamberlain died before Newell. Mrs. Wardner his only surviving daughter died in fall of 1872. All the heirs left at her (Mrs. Wardner's) death were ?Gen. Chamberlain's 4 children. I was clerk in Newell's store from Oct. 1866 to time of his death. I had charge of the store from Newell's death until Mr. Wardner came in. Mr. Wheeler took principal charge of his own business before he came from the farm. I don't think Newell ever took charge of his business. I went into partnership with Mr. Wardner in April 15, 1873 under the firm name of Wardner, Robinson and Co. The other partner was Newell's widow. That continued for one year. I acted as clerk after that up to the time I purchased Mr. Wardner's interest out. Mr. And Mrs. Wheeler moved into Newell's family previous to Newell's death. Mr. And Mrs. Wardner lived in a separate house up to the time of Mrs. Wardner's death. After the death of Newell, the next spring, of 1873, Mr. Wardner came over and lived with old Mr. And Mrs. Wheeler. Mr. Wardner and Mrs. Newell Wheeler were married August 11, 1873. As near as I can remember it was the previous spring that they all became one family. The old people lived with Mr. Wardner after that except a few days up to the death of Old Mr. Wheeler. Old Mr. Wheeler I think gave way in his body after the death of his children and in his mind no more than would be natural under the circumstances, meaning old age and trouble. He seemed to take the death of his children quite hard. He took the death of Newell quite hard. I don't think that he was all broken down. I think Mr. Wheeler took charge of his own business as he had before, after Mr. Wardner came. I don't remember of knowing of his doing any business when he was entirely alone, with any stranger. I do remember of his doing business when Mr. Wardner was not present. I didn't notice any change in his mind for the last year. He was not very childish for the past year but only for a few weeks before his death. I know Ransom Wheeler. I don't remember of his speaking of Ransom Wheeler at any particular time, but I think he did speak of him. I remember being called in to witness a paper in last winter, I think last February. Mr. Wardner asked me to come in. I went in at once. It was in the afternoon. I think I boarded there at the time. The house is a double one. Mrs. Ladd went in with me. Mr. Wardner went in also. Old Mr. And Mrs. Wheeler were in the room. Mr. Wheeler got up and went to the table and signed his name, whether there was a word spoken up to this time or not I don't remember. I saw him write his name. The paper which he signed was the paper my name is on. I think it was attached to another paper, but could not swear whether it was or not. There were other papers on the table, but whether they were attached to the paper I signed or not I don't remember. To the best of my recollection Mr. Wardner asked him if he wanted me and Mrs. Ladd to sign as witnesses. He said he did. I think he said yes, or I do. I then sat down and signed my name. Then Mrs. Ladd signed. I left then. Mr. Wheeler made no conversation except to answer the questions I have spoken of while I was in there to the best of my recollection. I didn't read anything or hear anyone else read anything. I think the old lady talked. Mr. Wardner told Mrs. Ladd and me where to sign. Mr. Wheeler did not tell us where to sign. I didn't hear what I signed read over or read it myself. I am perfectly positive Mr. Wheeler signed his name before I did. Question: Would not in your opinion Mr. Wheeler at that time in the condition he was in have signed any paper that he was asked to sign by Mr. Wardner or old Mrs. Wheeler? Obj. Calls for opinion without giving any facts. Opinion cannot be given- Obj sustained. I was at that time boarding in the family. I have told all that occurred at that time while I was in the room. Redirect Question: Did Wardner and testator have any conversation about the paper which you signed? Answer: They did. Question: Give the whole of that talk in the order it was had as near as you can. Answer: Mr. Wardner asked him if that was his signature to his codicil attached to his last will and testament. He said it was. This is as near as I can give it. I don't think anything was said before he signed. Mr. Wardner asked him is he wanted Mrs. Ladd and me to sign as witnesses to his signature. Question: Did he say signature or Codicil or give any name to the paper? Answer: Codicil. When I was in the room he called it Codicil. Question: Was it before or after you had signed as witnesses? Answer: I think it was after. Question: How long after? Answer: Right away. Question: Before you signed it did he or Wardner in his presence give a name to the paper, if so what? Answer: I don't know whether he did or not. Question: Did you know at the time you signed the Codicil what is was? Obj. Answer: I witnessed his signature, but knew nothing about the paper until after I went into the room. Question: Was not that paper which you witnessed declared by the testator to be his codicil or words to that affect? Obj. Leading and improper and suggestive. Obj: overruled. Answer: It was. Question: Was not that paper which you witnessed declared by testator before you signed it be his Codicil to his will or words to that affect? Obj: Leading, improper and suggestive. Obj overruled Answer: I do not remember whether it was before or after. Recross Question: Will you give one single sentence that you heard old Mr. Wheeler say after you went into the room that you will swear to positively? Answer: He said no thing but "yes" to a question put by Mr. Wardner in relation to our signing. Mr. Wardner asked him if he wanted Mrs. Ladd and me to sign as witnesses to his signature. It was to that question that he said "yes". I don't know whether it was after or before the old gentleman signed his name. Question: Do you swear positively that you heard old Mr. Wheeler himself use the word "codicil", while you were in the room? Answer: I cannot Nothing was said after Mr. Wheeler signed his name that I recollect except Mr. Wardner's pointing out where we should sign our names. I can't state for a certainty whether what was said in regard to its being a Codicil was before or after. I signed my name. Wardner asked him if that was a codicil to his last will and testament and he said it was. The Codicil and attestation are in the handwriting of Mr. Wardner. I don't believe he was under any restraint when he signed. Subscribed and Sworn to in open court ) D. R. Robinson (R. could be a Z) December 8, 1875 before me G. M. Beckwith, Surrogate K.P. Obie being duly sworn say I live in Chazy. Have lived there 15 or 16 years. Know John R. wheeler some time before he moved to the village and up to the time of his death. Saw him occasionally about the time his children died. I think I had no conversation with him for at least a year before his death. I saw him occasionally during the year before his death. I thought he was pretty feeble in both body and mind from the last conversation I had with him. He knew me, some things he appeared to understand and remember and as well as ever and other things he did not. Old things he remembered better than recent things. I have seen him come into church. He looked to me like a man who didn't seem to know much about things. Sometimes he would sit with his hat on until someone took it off. He did not seem to pay much attention. I xxx saw him nodding and sleeping. I noticed him nodding the last time I had a conversation with him. I do not know who did his business for the last year. I never heard him say anything about his business. Cross ex: Don't recollect the conversation we had. It was held at ?Gen. Chamberlain's house along towards night, not dark. Can't tell what time in the year. Can't give month. Think fxre part of summer. Called as a visitor. Stayed perhaps half an hour. Can't tell a single thing he forgot. I have seen him walking to church. Church 50 or 60 rods off. Never saw him with his hat on during service. Saw Mr. Wardner take his hat off. Wardner would come to church with him and take his overcoat off.. My first wife was a relative of Mr. Wheeler. Sworn and Examined in open Court ) K. P. Obie Before me this 9th day of December ) 1875 by G.M. Beckwith, Surrogate ) Putnam Lawrence being duly sworn on the part of Executor says he lives at West Chazy, aged 74 June 5, 1875. Knew John R. Wheeler his lifetime. Knew him 20 years. Saw him during the last two years of his life. Conversed with him. Saw him in Jan. or Feb. 1875. Conversed with him on various subjects then. He appeared to be all-straight and correct mentally, memory good. Talked with him about church and death of Dr. Croaks. I think that was in fall of 1874. I don't think I visited him over once or twice in Jan. or Feb. His mind was as bright then as in the fall. He was a reading man. Have seen him reading frequently, but not in Feb. 1875. I did not discover any change in his mind from what it was in fall of 1874. Cross - He walked around in fall of '74 and spring of 1875. Sworn and Examined in open Court ) Putnam Lawrence Before me Dec. 9, 1875 ) G. M. Beckwith Surrogate Luther L. Wheeler being duly sworn says I live in Chazy. Knew John R. Wheeler. Am his nephew. Own farm formerly occupied by deceased. Took it subject to two mortgages. One of which was to John R. Wheeler. I did business in relation to that mortgage with Mr. Wardner of late. Mr. Wheeler did not usually collect the money. It is at least two years since I have any knowledge of Mr. Wheeler collecting the money. About a year ago last November was the last time I did business with him. The conversation and business was about some coal I bought from him, potatoes, calf (potatoes, calf added in margin). He appeared as though he didn't understand what the deal was about. He seemed to have forgotten some things. He appeared to be forgetful of many recent transactions. The conversation was in November 1873 about a calf I bought from him and paid in potatoes. He had forgotten about the potatoes the next November I could not bring it to his recollection. There were some other little things in the same way I could not make him remember. Talk in the fall 1874 with testator. He appeared to be feeling quite bad. He had sent for me to come down. Mr. Wardner was moving out at this time. He wanted me to come to Plattsburgh on some business for him. He appeared to be very much affected. He stood up by the stove. I saw the testator several times through the winter of 1874 and 5 up to March 1. He was in feeble health. I though he seemed to have a better understanding of some times than others. Sometimes he didn't feel well. Sad and c. He would ask me the same thing in same conversation 2 or 3 times. I think he always knew me. Anything the old lady said he submitted to. He would give way to her. Luther L. Wheeler Redirect Question: Did you have a conversation with Mr. Wardner last winter previous to Feb. 25, 1875 in relation to Ransom Wheeler's legacy in the will of John R. Wheeler? If you had, state what he said. Answer: Mr. Wardner seemed to disapprove of the course Ransom Wheeler had taken about having a wife and family of children and courting another woman and he said Ransom shouldn't have a dollar of the old man's property if he could help it. I don't recollect of anything more in relation to that matter. It was some time in the winter before Feb. 25, 1875. He said it as tho he was in earnest. He did not say anything about a claim Ransom had at that time. Question: Did you have a conversation with Mr. Wardner in relation to Ransom Wheeler's having a claim against Mr. John R. Wheeler at the time a receipt was spoken of? Answer: I told him Ransom said he had a claim for labor and c. Mr. Wardner said Mr. Wheeler had a receipt which would cut him off. Mr. Wardner got the receipt and read it. I supposed it to be the receipt. I did not read it. That was I think in May last. Recross The conversation about another woman took place in the store. Mr. Wardner said the woman was Teresa Blancherd. Sworn and examined before me ) Luther L. Wheeler In open court December 9th ) 1875 G.M. Beckwith Surrogate ) William S. Housinger Being duly sworn says, I reside at West Chazy. Have been a practicing physician for last 25 or 30 years. For the past 3 or 4 years I have lived on a place adjoining the place where Mr. Wheeler died. I know of the death of his 3 children in same season. Question: How was he affected by his only son Newell's death? Obj.: Improper, too general. Should give facts. Assumes a fact not proven. Obj overruled. Answer: I can't say much about him at that particular time. I did not attend Newell and didn't see much of testator. I have been called a few times during the year previous to his death and attended upon old Mr. Wheeler. I attended him during his last sickness perhaps a week before his death, every day and sometimes more. I was in to see the old gentleman I think last January. He was at that time quite feeble. He could not xxxx his xxxx. He was troubled about sleeping. I have no recollection of anything abnormal or uncommon about his mind previous to the date of the codicil. He was like other old men. He was what I call physically and mentally feeble. Question: Was he of sound mind prior to Feb. 25th last? Obj: Should give facts and base his opinion upon the facts given. Improper. Obj. overruled. Answer: I never saw any marks of insanity and his mind was feeble but I never saw any aburation of mind. I never had any business to do with him of any kind to test his mental capacity. Question: Was he in a condition to be contracted or influenced by others: Obj. Improper, incompetent. Cannot give opinion on that subject Obj overruled. Answer: It would be natural to say that he would be more easily controlled by others than if he enjoyed vigorous health of body and mind. I saw nothing of him except as I was called in and since the 25th of February and within a few months before he died I noticed that he did occasionally ask a question a second time. I can't say whether I noticed that last winter. His hearing was pretty good for a man his age. Subscribed, Sworn and examined ) Wm. S. Housinger In open Court before me ) December 9, 1875 G..M. Beckwith Surrogate Teresa Blancherd sworn for contestant says: I live at John H. Myers in Plattsburgh, formerly in Chazy. I worked for Mr. Wardner. I commenced working for him in Aug. 1873. Previous I had worked for Newell Wheeler about nine months. I left Mr. Wardner's May 4, 1875. In the fall before I had been absent six weeks on account of sickness. I worked last from November 3, 1874 to May 4th 1875. I first became acquainted with old Mr. Wheeler in the fall of 1872. He did not live in the house with Newell then. He came in with Newell in May before Newell died. I did not have much to do with the care of him until after Newell's death. He was some affected by Newell's death. At times very downhearted. He was pretty much struck with Mrs. Wardner's death. I cleaned his boots, made porridge for him and took general car of him most of the time from November 1874 and May 1875. He seemed to be very feeble. At times he would hardly know me when I went in. Acted very childish. Washed his face and nose in water and then would drink it. Called for water 20 times a day. Put his fingers in his nose then in the water and drank it-at times he was rational, but drowsy and heavy most of the time. Very often he would go to sleep while talking with me and others. Sometimes while I was at work in the kitchen he would come up to me, ask me how I did, saying it was a long time since he had seen me, although I had been in the room the same morning- came out to his meals generally. Sometimes he would chew his victuals and then spit them out. It was very difficult to get along with him. At one time Luther Wheeler came in and he did not seem to recognize him. That I think was sometime in March. I don't remember any other cases. I didn't know anything about his making a codicil or hear anything about it. I never knew old Mr. Wheeler's doing any business, counting money & c between November 3, 1874 and March 1875. Mr. Wardner did most of it. Sometimes old Mr. Wheeler would oppose Mrs. Wheeler but would generally come around. I knew Ransom Wheeler in 1874 or 1875. He came back from the west in April 1874 and stayed 3 or 4 weeks in Wardner's family. He and old Mr. Wheeler speak of him. I never heard the old gentleman speak of any business with Ransom. I heard the old gentleman speak of Ransom several times during last winter. Question: What did you hear him say? Answer: I heard him say Ransom was always a good boy to him and worked faithfully for him. That was in January or February 1875. I never heard him say anything against Ransom. He always used him well. About the 1st of February 1875 Ransom stayed over night at Mr. Wardner's. It was Sat. or Sun. night. Saw Ransom and Wardner and old lady talking that day. They were talking in Mr. Wardner's sitting room. About 30 minutes. Ransom and Wardner were at the barn about 15 minutes. Several times old Mr. Wheeler failed to recognize me. Cross ex. The old man generally would go to bed from 7 or 8 in the evening and get up about six. I usually got up first. Made fires. Breakfast at 8. Old Mrs. Wheeler used to get the old man up. We all carried water to him. Began to carry water in January. Nine in family. We got 3 meals a day. During the Feb. the old man came out to eat always. Carried water in tumbler every day during Feb. at least 5 times. Old xxx would come and call for water. Ettie Chamberlain was then going to school. Every tumbler of water he would go through with the operation described before and drink. I told him several times the water wasn't fit to drink and he said he didn't dirty it. Drowsy and heavy. Read Sunday school papers. Would go to sleep reading. Recalled Cross Ex. I should think there were two papers that came into the house. Wesleyan and Plattsburgh Sentinel. I did not read to him. No one read to him that I know except Ettie who read some. He would read a few moments and then throw the paper down and go to sleep. He never talked to me about what he read. He used spectacles. I only know about the old gentleman's not knowing Luther from what Luther said. I think this was January 1875. It might not have been in March or April. Old Mr. And Mrs. Wheeler would talk together about bonds and mortgages, collecting notes and c. They would stop talking when I would go into the room. There was a time when he scolded about little Ettie being there. He didn't want her. She bothered him. He was talking to old Mrs. Wheeler then. In spring of 1875 when Wardner and wife were out to Bloomingdale they had quite a dispute about sleighs and buffalo robes which he had given to Mr. Wardner. She said that he had given them to Mr. Wardner and he would have to leave them there. He told me he had given these things to Wardner and didn't know where they had gone to. This was in Mar. or Feb. In Nov. 1874 the old man said that he had deeded his property away. That Mr. And Mrs. Wardner forced him to do it, by going away and having no one to take care of him or his property. No one present but old man and I. When Newell died I met him in the hall and he said the house was not large enough to hold him and that he must go to the neighbors. There were at least 8 in room when Newell was dying. This was in Sept 1872. Redirect - Old Mr. Wheeler wanted his shoes polished very morning. I would sometimes black his boots at night and next morning he would want me to black them again. He used camphor on his head, face and c, under his eyes and c. He used a great quantity. He would eat a great deal of candy. Ettie troubled him, sent her out of room, old lady talked with him. Next day he was as good as rain to her. Subscribed, Sworn and ) Teresa Blancherd Examined before me ) In open Court Dec. 9 1875 ) G.M. Beckwith, Surrogate ) Contestants offer in evidence papers marked Ex. No. 1 and Ex. No. 2 by consent of opposite party. Contestants rest. Executors offer record of deed by testator and wife dated November 2, 1874 to Mr. And Mrs. Wardner. Received by consent. Also bond to support testator and wife same day as deed marked Ex. No. 3. Received by consent. Also receipt of Ransom Wheeler offered in evidence and received by consent marked Ex. No. 4. Nathan Wardner being duly sworn say, was 42 years old Oct. 25, 1875. I am the Wardner named in papers offered in evidence. I drew the codicil. I drew it at the request of John R. Wheeler. It was read over to Mr. Wheeler by me. It was read when I finished writing it. Father Wheeler dictated the contents of it. I wrote it a few moments before its execution. After the paper was written and read to Father Wheeler deceased and he declared or assented it was as he wanted it some consultation was held as to whom should be witnesses. It was agreed that Dudley Robinson and Louisa Ladd should be called as witnesses. I left the paper lying on the table and went and called them in. They stood near the table. Old Mr. Wheeler came from where he was sitting, took a seat at the table and wrote his name to the codicil as it now appears. I took hold of the paper and said do you declare this paper or instrument to be a codicil to your last will and testament. He said yes or I do. I said do you request these parties or persons, referring to Dudley Robinson and Louisa Ladd to sign their names as witnesses to this codicil. He said yes or I do. Then the two parties signed as witnesses in his presence and in presence of each other. I took that attestation clause from book. Question: Why did you insert the reason for changing the will into the Codicil? Obj: Entirely improper, calling for conclusion. Witness should give conversation. Obj. overruled. Answer: Because testator wanted it so inserted. I wrote Ex. No. 4. I wrote Ex. No. 1 and Ex. No. 2 and Ex. No. 3 with exception acknowledgment and some signatures. These papers were all read over to testator before execution. Testator had lived with me or I with him since Oct. 1872 the most of the time. He ate at the same table for one year before the date of the codicil. I knew about his memory and mind during that time. I counted his memory good for a man of his age. I counted him perfectly sane and intelligent on all questions. He gave general dictation about his business as far as I have any knowledge of. Always he had notes bonds and c out. The business I did for him under his direction. He knew about his money affairs. He kept the sum of his money affairs. Question: Did deceased ever have any talk with you in relation to changing the legacy to Ransom before you drew the codicil? Answer: He did. Question: How long before? Answer: I don't remember any conversation except about the time I drew it. Question: If he assigned any reason to you for changing the legacy to Ransom state what he said? Answer: He said in substance that Ransom claimed to have a false claim as he understood, he did not say it was made to him, claiming that testator owed him for service after he was of age. He evidently understood the contents of the codicil when I read it to him. He was in the habit of reading. He read newspapers, bible, hymn book, talked on other subjects, talked rationally. The deceased drank frequently that his water changed often after 25th of Feb. 1875 he would sometimes put his finger in his water and then drink from it. I can't say I ever saw him do so before 25th of Feb. 1875. After that time I saw him occasionally touch one finger in his tumbler and wet around his eye and nose, and after drink from the tumbler. Not frequently, but occasionally towards his last days. I don't know of his water being changed over 6 times a day. He drank considerable much. Cross Ex. Question: Did you say at Dr. Housinger's office in presence of Willis Housinger and Ezra Styles a few weeks before testator's death that he had been a perfect child for the last year or more and that nobody knew what a terrible trial it had been to take care of him or that in substance? Answer: I don't remember distinctly what I did say. I may have said that he was a great care or it was great trouble to take care of him of perhaps I said he was very childish. Question: If you said on that occasion that he was very childish was it true? Obj: Assuming fact not proven. Obj sustained but the contestant's counsel may put to him the question whether he was very childish or not.. Ex to ruling. Answer: I recollect having some conversation when Mr. Styles was present. Question: In that conversation that I referred to did you say he was childish and had been so for over a year or that in substance? Answer: I do not remember that I did. Question: Had not he been very childish for more that a year? Answer: In some respect I counted him childish. I don't think he much before Feb. 1875. Wash his nose, eyes and c and then drink the water. I had the general oversight of him but not so much the personal care of him until after that time. At times I had personal care of him before Feb. 1875. I think in the conversation with Styles at Housinger's office I gave them a sketch of the care the testator required, that is certain formulas of care. It was about what I did to him on his retiring and getting up. He was very precise as to the form of his retiring and rising. His foot was swollen some and he wanted socks removed and his foot bathed xxxx in Hoods, liniment, camphor or Majic oil and once I bathed them in all three at one time at his request He used considerable camphor. Question: Did not Mr. Wheeler for a year or more before his death use camphor or camphor and water on his head and person to an extraordinary amount, more than you ever heard or know of any man doing? Answer: Yes sir-more that I ever hear of knew of any man doing. It was not so excessive a year before his death, but increased. Question By the Surrogate. Did you perceive that this excessive use of camphor affect his mind? Answer: I did not perceive that it affected his mind. He took some pills. Question: When did you first hear of the subject of a codicil by yourself or anyone else in your hearing spoken of? Answer: The first time I remember of having heard it spoken of distinctly was in conversation with G. H. Beckwith in his office in Plattsburgh. I think it was in Feb 1875. I came down and during the conversation something was said about it. I talked with him about the codicil. I don't now distinctly any other time when I had a conversation in regard to the codicil except when it was made. Its my impression that I talked with my wife some time but do not remember when, about the conversation with Mr. Beckwith concerning the codicil, but do not distinctly remember about it. Question: Don't you know that you talked with your wife about the codicil before it was made? Answer: No sir I do not know positively. Question: Didn't you get old Mrs. Wheeler to go to deceased and get him to make that codicil or to make a codicil to his will? Answer: No sir. Question: Haven't you told Miner Chamberlain within a month past that you didn't get Mr. Wheeler to make that codicil but that you got the old lady to do it or that in substance? Answer: I do not remember telling Miner Chamberlain or anyone else that I got the old lady to get the old gentleman to make the codicil or that in substance. Question: Didn't you tell Dudley Robinson so? Answer: I do not remember of having told Dudley Robinson so. I am quite positive I told no living person so. Question: Are you positive that you did not tell him so? Answer: I did not state to Dudley Robinson that I got the old lady to get the old gentleman to make the codicil, nor that in substance. Question: Did you tell Dudley Robinson that you didn't talk with testator about making a codicil, but you talked with the old lady and she talked with him? (and got him to make it is written after and stricken) Answer: I don't recall such a conversation with him. I have a faint impression I had a conversation with Miner Chamberlain something about the codicil. Question: Did you within the last month tell Hiram Clark that you didn't talk with the old gentleman and get him to make the codicil or change his will, but that you talked with the old lady and she talked with him and got him to do it or that in substance? Answer: I do not recall such a conversation with him. Question: Did you tell him so or that in substance any part of it? Answer: Not that I recollect. Question: Will you swear positively that you did not? Answer: I cannot swear positively that I did not tell him that or any part of it, but I have no recollection of any such conversation. Question: You talked with the old lady about the codicil before it was made, didn't you? Answer: I talked with them both about the codicil before it was made. Contestants excepts to answer. Question: Did you talk to old Mrs. Wheeler about Mr. Wheeler's making a codicil to his will before the codicil was made and when Mr. Wheeler himself was not present? Answer: I do not remember such a conversation. I have an impression I had such a conversation. Question: Did you have any talk with her about it before the codicil was made and when Mr. Wheeler was not present? Answer: Don't remember but have an impression. Question: What is your impression? Answer: I have an impression we had a conversation, but don't recollect what it was. Question: How do you know it was a casual talk if you don't remember it? Answer: I think if I had had a special conversation I should have remembered it. I told her that Ransom had a claim for services. Question: Didn't you tell her that if he was going to make a claim for services he shouldn't have anything under the will? Answer: I have an impression I told her something of that kind, but don't remember time or place. Question: Did you tell her to talk to the old gentleman about or that in substance? Answer: I don't remember telling her so. Question: Did you tell her ho it ought to be changed? Answer: I don't remember of telling her so and yet it's my impression I intimated if it were changed it ought to go to her, I didn't get the will and read it to her. It was in the possession of old Mr. And Mrs. Wheeler. I don't remember of telling her to talk it over with him. I drew the codicil. Question: Did Mr. Wheeler speak first to you about the codicil or you to him? Answer I spoke to him first. I think that was the time I drew the codicil. Question: Can you swear positively that you did not speak to Mr. Wheeler personally about the codicil until the time you drew it? Answer: I can't swear positively. Question: When you spoke to him about making a codicil at the time you made it, who was present in the room, besides yourself and him? Answer: Mother Wheeler. Question: Will you state what he said to you, as well as you are able giving his language? Answer: As near as I can recollect I said to Father Wheeler, Mother Wheeler tells me you want to change your will and he said that he did. I asked him how he wanted changed. He said as near as I can recollect I want what was willed to Ransom changed and willed to ma. I told father Wheeler if he wanted it I think I can make it legal, so that it will stand. (I explained to him certain conditions has been stricken) Do you want the denial of Ransom's account as advised by G.H. Beckwith put into the codicil. He said I do, as near as I can remember. I think I said that Henry Beckwith advised that if there were a change in the will the reason for the change should be stated in the codicil and if he denied the claim made by Ransom he had better have it stated in the codicil. He said he wanted the denial put in or that in substance. I then got the paper and wrote right then in his presence the codicil, the one now in Court. Then I read the Codicil as written to him. There were no other written documents there that I recollect. I think I asked him if that was what he wanted and he said it was right or correct or as I want it or words to that effect. I think this was in the afternoon. I think I said it was necessary to have two witnesses or words to that effect and asked him whom I should get and suggested the two persons who signed as witnesses and he assented to calling them. I can't remember his precise language or whether he bowed assent. Then I went out and called them. Question: Tell me in the order in which it occurred all that was said and done after those two persons came into the room giving the language, exactly as it was used as near as possible? Answer: When they came in Dudley Robinson and Louis Ladd they stood near the table and door, Father Wheeler came from his chair near the stove and took his seat at the table where the instrument lay that was to be signed and signed the codicil. I took hold of the codicil and said you declare this instrument to be a codicil to your last will and testament? He said yes or I do. You request these persons or parties to sign this codicil (to your will and testament is stricken) as witnesses and he said yes or I do. He left the table. Dudley Robinson and Louisa Ladd signed the codicil as witness. After signing Dudley Robinson said to Louisa Ladd we are married now and then passed out of the room. That is all that occurred and all that was said from the time they came in until they went out as near as I can recollect. I know that he said yes or I do because I heard him. He might have said both. Mr. Wheeler was then about 81 years of age. I think I had heard him speak of Ransom Wheeler's claim before the day the codicil was drawn. I think I heard him speak of it on the 21st of Feb. 1875. I am positive I heard him speak of it in a general way. He said the claim was false, that he never made a bargain with Ransom Wheeler to pay him for work done after he was of age and spoke of taking him to Edinburgh to make potash. I think I spoke to them that morning of Ransom's claim. I do not know of Ransom's speaking to the old gentleman about any claim. Ransom was then back and forth. I know it was on the 21st by a memorandum made by my wife. It wasn't on Sunday. The conversation I had with Ransom Wheeler was on Monday and I thought that was the 21st. I had a conversation with Ransom at the horse barn on Monday the 22nd. I think I told Theresa Blanchard Sunday evening the 21st Feb. to tell Ransom that he should no go until I saw him. Question: In the conversation at the horse barn that morning did you say to Ransom the old lady is very uneasy about the claim you have against them, if you don't sign a receipt that will satisfy her I will have the will changed or that in substance? Answer: No sir. Not to the best of my recollection. Question: After you came in from the barn did you have a conversation with the old lady on the subject where old Mr. Wheeler was not present? Answer: Not as I remember. Question; Are you positive you did not? Answer: I cannot swear positively but I remember no conversation with her alone. Question: Did you not have a conversation with her in presence of your wife when the old gentleman was not present? Answer: Not that I remember. Question: Did not you have such a talk in your bedroom? Answer: I remember no such conversation. December 10, 1875 Examination resumed, 10:00 a.m. Question: After you came in from the barn that morning didn't you very soon pass through the old people's room, speak to the old lady and pass right around across the hall and through your own front room to your own sleeping room and the old lady follow you soon after and then have a conversation with her or with her and your wife on the subject of the will or codicil or Ransom's claim? Answer: No sir. Question: Did you do or say any part of that? Answer: After coming in from the barn I went into the old people's room, but I did not pass from there around into my own room and have a conversation with the old lady. I am not sure whether it was before or after breakfast. I drove down to Mar Hodges barn that morning. I saw Ransom. Had conversation with him. Question: Did you say to him then that the old lady was very uneasy about his claim and something must be done about it and did he tell you he had done nothing to make her uneasy and did not calculate to and did you not tell him that if he did not sign a receipt that would satisfy her, she would have the will changed or that in substance? Answer: I did not say anything about old lady except in connection with old gentleman but may have said something about old lady specially but don't remember that I did. Question: Did you state to him any part of it? Answer: I did not state to him that if he did not sign a receipt that would satisfy her she would have the will changed or that in substance. I called Mr. Gowry to witness that I gave Ransom notice on behalf of Father Wheeler if he had a claim against deceased to present such claim the next day at noon or perhaps 2 o'clock. (I think I told him deceased w has been stricken) The old lady has been living from that time to this and is now living with me. The age is 84 I think. She has been more active than the deceased. I read ex. No. 4 in presence of deceased, old lady and Ransom at the time it was signed. I do not remember the conversation distinctly about the receipt at that time. I never heard Ransom make any claim to the old lady or to the old gentleman. I didn't tell the old gentleman that morning that Ransom had no claim against him. Redirect Question: At whose request did you go to see Ransom down east? Answer: At the request of the old people. Question: Tell all you said to Ransom and all he said to you on that occasion? Answer: As near as I can recollect I told Ransom that I had come down to see him for the old people. That deceased wanted if he had any claim to present it and come and see him about it, that he wanted to see him. I told him if he had no claim I wanted him to sign a receipt in full. I told him and advised him to give up any claim and to accept what they had seen fit to give him in the will. He said he had no claim to present or did not intend to present any claim while Father Wheeler was living and said that he would not sign a receipt in full. That there was nothing certain about a will. I told him I thought it would be better for him to give up his claim and sign a receipt. That if he refused to sign a receipt and yield his claim I warned him that very likely he would not receive anything through a will or words to that effect. I served a verbal notice on him to present his claim the next day and called Mr. Gowry to witness the notice. That was the substance of what was said. Ransom and I talked about his claim at the barn that same morning. I reported both conversations to the old lady and gentleman. I gave then the substance of the interview. I had the first interview at the barn at the suggestion of no one that I remember. He didn't come the next day at 2:00 p.m. Ransom didn't come into the house again from Feb. 22, 1875 until testator death October 8th. The old gentleman said in substance that Ransom had no such claim and I think called him a scoundrel for saying that he had such a claim. In my judgment his mind and memory were as good as those of people generally of his age. I saw Henry Beckwith I think soon after Feb. 22 at his office in Plattsburgh. I came at the request of the old people. Recross Question: Tell what testator said to you about coming to see Henry Beckwith to take Counsel and state all he said to you. Answer: He said in substance that he wanted Counsel taken as to how to head off or something to that effect, the claim or defeat it. He said that it was his wish that Geo. H. Beckwith should be consulted. I don't remember that I suggested to him that he ought to do something to head off that claim. Question: Did you not say to him in substance that he ought to change his will or make a Codicil to defeat that claim with him or any other time? Answer: No sir. Question: Did you not say so to the old lady? Answer: I don't remember that I did. Question: Are you positive that you did not? Answer: I can't swear positively that I did not. Mr. Beckwith told me that the claim was entirely outlawed. When I went back I think I told the substance of what Mr. Beckwith had said. I don't remember what deceased said to that. Question: What did old Mr. Wheeler say to you about going to see Ransom that morning? Answer: I told them that I asked Ransom if he had a claim against them. I told them that I told him there was such a rumor and Ransom had said he wondered who had been telling that and that tho he tried to make strange of it, that there was evidently something to the respect that there was a claim lying back of it. They wanted I should go and see him and have him come there, that Father Wheeler wanted to see him. I think Father Wheeler said he wanted him to come and present his claim. Ransom did not admit or deny he had a claim at the barn. Testator was not in the habit of calling hard names. Testator called him a scoundrel when I returned from talking with him in the road. Recess for dinner P.M. Examination continued I don't remember now of any time when he used a similar expression. We moved out having the girl for the time being to cook for then about the 29th day of October 1872 and moved to the white house called the old Styles house for which I had bargained for. We occupied the house I think about 3 nights. I went over and lay down on the lounge in testator's room I think 2 nights of the 3. Mother Wheeler came over and I went back with her over on those nights. In the morning one of the blinds was open it was generally supposed to be closed. I told them that someone had evidently opened the blind on the north piazza during the night. I heard no one there during the night. I didn't tell them I heard any one there. I don't remember that I told then it was not safe for them to stay there. We moved back the same day. Ex No.. 2 was made one or two days elapsed after they offered to make these papers before we moved back. I don't remember sending word of testator's last sickness to Ransom, but think I sent him some word after he had died. John Hay is still living I think. He lived and worked in testator's family some 40 years. I think I told Beckwith when I talked with him how long Ransom had been west. (Did you tell Miner Chamberlain in West Chazy within two last months that you had expended upon Ettie Chamberlain two thousand dollars or that in substance? Obj. Sustained. Answer: Do not remember saying so but I won't deny but what I did. This is entered in text filed intestate, but not in copy filed with will.) Question: Have you told Hiram Clark within the last year it was a great trouble to take care of him and you didn't know what to do with him? Answer: I don't remember now such a conversation. Question: In doing testator's business during the last year of his life did you not count all the money received by him and sign all the receipts? Answer: No sir. I was never present when he received any money. I did not count. I do not recall his signing any receipts himself when I was present during a year before his death. I will not swear I didn't suggest about consulting counsel or what counsel to consult. I think there was $45 paid Ransom at the time he signed receipt now in evidence. I remember that I did not stay with the old people on of the nights when we moved out. I think my brother Seth Wardner stayed with them that night. Do not remember that there were any other written papers on the table when the codicil was signed. The codicil was annexed to the will when it was signed. Question: Will you swear positively that when you asked deceased at the time he signed the codicil whether he did not declare that that was his last will and testament instead of codicil? Answer: I did not say last will and testament but codicil to his last will and testament. Sworn and examined in open Court ) N. Wardner/Wardner Before me on the 9th & 10th of ) December 1875 ) G. M. Beckwith Surrogate Miner Chamberlain being duly sworn by contestants says: I live at West Chazy. Acquainted with John R. Wheeler during his life. Known him since about 1839. Think he lived as neighbor to me about 3 years, since 1872. Knew about the death of his children. One thing that happened about Mrs. Wardner's death struck me as strange, I met old Mr. Wheeler coming from Wardner's he stopped and said there were a good many at the house and he was going home. He seemed to be feeble both in mind and body. Saw him occasionally after that. Saw him within a year before his death two or three times in his own house. About a year ago I went to his house on a little business. Had some conversation with him. He was then feeble physically and had been for some time. My impression was that his mind had decayed with his body. There was feebleness of both mind and body. He was always deliberate on his speech but during the latter part of his life more hesitating. About Feb. 1875 was at his house and took either his affidavit or acknowledgement or both. Didn't see any material change from the last time I saw him. Have had a conversation during the last month with Mr. Wardner in relation to the codicil. Question: Within the past month did not Mr.Wardner tell you that he did not get the old gentleman to make the codicil but that he got the old lady to get the old gentleman to make it? Answer: I don't recollect any such conversation. Cross I think the affidavit I referred to was something in connection with his war service in the war of 1812. Mr. Wheeler seemed to understand what he was doing. Sworn and examined in ) M. Chamberlain Open court before me ) Dec. 10, 1875 G.M. Beckwith) Ezra W. Styles being duly sworn says: Live at West Chazy. Knew John R. Wheeler during his life. Have known him during the last 23 years. Had a conversation with Mr. Wardner at Dr. Housingers office a few weeks before testator's death. Question: Did Wardner say in presence of Willis Housinger and yourself a few weeks before testator died that he had been a perfect child for the past year or more and that nobody knew what a terrible trial it had been to take care of him or that in substance? Answer: He said part of it, to wit, he went on to say he had to bath his feet a few minutes after repeat it, that it was a great task to take care of him. He referred to his last sickness. Can't say whether he said this had been so for any length of time. Cross. I suppose he was there for medicines. Testator died soon after. Subscribed and sworn in ) Open Court Dec. 10, 1875 ) E.W. Stile Before me G.M. Beckwith, Surrogate Herman Clark being duly sworn says live at West Chazy, knew testator for last 25 years. Lived near him for last 4 or 5 years and part of the time just across the road. Think I saw him last winter. Saw in Nov. 1874. I went in and shook hands with him and signed some papers as witness. He was rather feeble. Couldn't say that I saw him in the winter after that. I talked with Mr. Wardner the day we came down to prove the will about the Codicil. Question: What was the conversation? Answer: He was talking about setting aside the codicil. He said he hadn't talked with the old gentleman about it, but with the old lady. That is all. Didn't say he got the old lady to talk with the old gentleman about it. Cross Ex. He didn't say that he had talked with the old lady in presence of old gentleman. Subscribed and Sworn to in ) Hiram Clark Open Court before me ) Dec. 10th, 1875 ) G.M. Beckwith, Surrogate Ransom Wheeler being duly sworn says am about 55 years old. Knew John R. Wheeler and was brought up by him. Left him at about 24 years of age, a few months after my marriage. I suppose I am a natural son of John R. Wheeler. Went west in Sept. 1844. First came back April 1874. Hadn't been back until that time. The first time I heard anything definitely about a will Wardner told me in stable. Had a conversation with Wardner at stable about 8 or 9 in the morning. Question: Tell conversation at stable with Wardner. Answer: He said that the old lady was very uneasy about a claim which I was reported I had against the old gentleman. I asked him who made such a report and I told him I wasn't doing anything to annoy the old folks and wasn't going to. Then he asked me to sign a receipt that would satisfy the old lady that there wasn't any claim. I told him I wouldn't sign any receipt. Then he advised me to rely on the will. I told him I didn't believe the will was good for anything that I didn't believe the old man was capable of making a will. Its my opinion he said if I didn't sign the receipt we will have the will changed this as well as I can remember. He said the will gave me $500. Cross. I did calculate from the letters he had written when out west that he calculated that he owed me. Question: Did you not suppose at that time that you had a legal or equitable claim against testator for your services after you were twenty-one years old? Answer: I felt as tho there was a moral claim. Sworn and examined I open ) Ransom S. Wheeler Court before me December ) 10, 1875 G.M. Beckwith, Surrogate ) Ex. No. 1 West Chazy, NY May 19, 1875 I hereby agree to pay to N. Wardner and L. E. Wardner fifty dollars a year for the support of John Hay. Witness John R. Wheeler D. R. Robinson Ex. No. 2 This affidavit is made this second day of November in the year of our Lord one thousand eight hundred and seventy four between Nathan Wardner and Lucinda Wardner his wife of West Chazy, Clinton County, State of New York of the first part and John R. Wheeler and Christiana Wheeler his wife of West Chazy, Clinton County, State of New York of the second part, Witnesseth, that the parties of the first part agree to and with the parties of the second part that what of their property which shall come into their hands under and by virtue of a certain will executed by the above mentioned John R. Wheeler bearing date the eleventh day of November 1872 and witnessed by Geo. Clark of Plattsurgh N.Y. and Hiram Clark of West Chazy, New York after deducting a reasonable sum for the expense incurred in supporting their granddaughter Ettie Chamberlain and all expenses incurred the care of John R. Wheeler and wife aforesaid in excess of three thousand five hundred dollars shall be either expended in the support of the grand children of said parties of the second part under the will conditions and specifications of the will above mentioned or left to them. XXXXXXXXX in will and seems to each at due discretion. Witnesses N. Wardner Hiram Clark L.E. Wardner Dudley R. Robinson J.R. Wheeler Christiana Wheeler Ex. No. 3 West Chazy, Clinton County, State of New York. November second eighteen hundred and seventy four. Know all men by these presents that we Nathan Wardner and Lucinda E. Wardner his wife of the place above mentioned are hereby finally ordered and held to John R. Wheeler and Christiana Wheeler his wife for their comfortable maintenance and support during their natural life in the sum of three thousand and five hundred dollars. The conditions of the above obligation is such that if the above Nathan Wardner and Lucinda E. Wardner do truly and faithfully support the said John R. Wheeler and Christiana Wheeler his wife then the above obligation to be paid xxxxxxxx to remain in full force and virtue. Witness N. Wardner Hiram Clark L.E. Wardner Dudley R. Robinson Platt. Clinton county, ss: On this 2 day of November 1874 personally appeared before me Nathan Wardner and his wife to me personally known to be the same persons described in and who executed the foregoing instrument, who wholly acknowledge that they executed the same, and the said Lucinda E. Wardner on a private examination by me apart from her said husband acknowledge that she executed the same freely and without any fear or compulsion of her said husband. Platt Harris, Justice of the Peace Ex No. 4 West Chazy, NY Jan. 23, 1875 Received of John R. Wheeler one hundred and fifteen dollars and fifty cents to apply upon the deductions from the sum which may be left to me (Ransom Wheeler) from the estate of the said John R. Wheeler Witness Ransom S. Wheeler N. Wardner Clinton County, ss: appearing from the proof and examinations hereby are taken in respect to the last will and testament of John R. Wheeler late of Chazy in the said county of Clinton deceased and in respect to the codicil to the said will that the said last will and Testament and the codicil thereto were, and that each of them was duly and in due form of law, executed by the said John R. Wheeler deceased, and that at the times the said John R. Wheeler deceased executed the said will and the said codicil thereto, he was in all respects competent to devise real estate and not under any restraint, and that the proof and examinations taken in respect to the last will and testament was in respect to the said codicil thereto and on the probate of the said will and codicil are sufficient, and that the said will is a valid will of both real and personal estate and that the said codicil thereto is valid, and the said will and the said codicil thereto having been submitted to probate and established as valid by the surrogate of the said county of Clinton and the same and the said proofs and examinations having been ordered to be recorded, the said last will and testament and the said Codicil thereto and the proofs and examinations taken in report thereto are herein and herby recorded, signed and certified pursuant to the provisions of the Revised Statutes this ten day of December, 1875. G.M. Beckwith Surrogate