WILLS: Mellen, David; Hudson, Columbia co., NY surname: Mellen, Punderson, Taft, Fisk, Penniman, Pinneo, Kellogg, Monell, Frary, Leeds, Dyar ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm File at: http://ftp.rootsweb.com/pub/usgenweb/ny/columbia/wills/vj/mellen-david.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 21.2 Kb ************************************************ File contributed for use in USGenWeb Archives by: Joseph R. Punderson jrpunderson@punderson.us June 15, 2006, 10:43 am Source: sampubco.com Columbia County Ny Will Book Volume J, Pp. 398-404 Written: November 30, 1844 Recorded: May 2, 1845 Record of the Last Will and Testament of David Mellen late of the City of Hudson in the County of Columbia deceased as a Will of Both Real and Personal Property and of the proofs and Examinations relating thereto Recorded May 2d A.D. 1845 The last Will and Testament of David Mellen of the City of Hudson in the County [Page 399] of Columbia and State of New York I David Mellen of the City of Hudson in the County of Columbia and State of New York being sick and weak in body but of sound mind memory and understanding (praised be God for the same) and considering the uncertainty of death but the uncertainty of time thereof to the end that I may be better prepared to leave this world whenever it shall please God to call me hence do therefore make and declare this my last Will and Testament in manner following that is to say -- ITEM - I give and bequeath unto my beloved wife Mary Mellen all my household goods wares and furniture and all my wearing apparel -- also the building or tenement situated on a lot of ground belonging to the estate of my son James Mellen late of said City of Hudson deceased and fronting on the Alley between Diamond Street and State Street and Westerly of Sixth Street in said City now used and occupied by the colored people as a place of public worship -- and all other goods and chattels and chattels real of every kind nature and description whatsoever and wheresoever (except as hereinafter specifically bequeathed) of which I shall be possessed at the time of my decease to have and to hold the same unto my wife and her heirs and assigns forever. ITEM - I do also give and devise unto my said wife Mary Mellen all the right title and interest which I now have or in which I shall die seized of in and to all or any part of all those certain several pieces parcels lot or lots and farm of land together with all and singular the tenements and appurtenances to the same respectively belonging that is to say The dwelling house and lot on the northern side of Warren Street in said City of Hudson wherein I now reside -- also the undivided one half part of the store and lot formerly occupied by “Mellen and Punderson” and now occupied by “M.C. & R.H. Hoes” also all that certain piece parcel tract lot or lots or farm of land (containing in the whole about one hundred sixty acres of land be the same more or less) situate lying and being in the Town of Spafford in the County of Onondagua [sic] and State of New York and now in the occupation of Nathaniel K. Mellen Ellis Taft John Taft Bezaleel Taft and the son in law of Bezaleel Taft (excepting and reserving therefrom nevertheless a lot of about twenty five acres of land be the same more or less situated on the Northerly side of premises now in the occupation of my brother James Mellen and to him hereinafter specifically bequeathed) -- also of the undivided one half lot of the garden lot lying and being in the rear of my said dwelling house in said City of Hudson being one hundred feet wide be the same more or less and running through from Diamond Street aforesaid to Prison Alley -- the undivided part or portion of thirty six feet wide and extending through of the same width from said Street to said Alley -- To have and hold the aforesaid certain several pieces parcels lot or lots and farm of land together with all and singular the tenements and appurtenances to the same respectively belonging (except as hereinbefore excepted) -- (certain parts and portions of the same nevertheless subject to and charged and chargeable with the legacies and payments as hereinafter mentioned) under my said wife Mary Mellen and her heirs and assigns forever -- And as to all the rest residue and remainder of the aforesaid undivided one half part of the said garden lot remaining and over and above the part or portion thereof hereinbefore devised and bequeathed unto my said wife and being fourteen feet wide be the same more or less and running through from Diamond Street aforesaid to Prison Alley aforesaid I give devise and bequeath the same unto my said [page 400] wife Mary Mellen for and during the time of her natural life without waste or impeachment -- and from and immediately after her decease I give and devise the same unto my grandson James P. Mellen of said City of Hudson and his heirs and assigns forever. And I hereby devise and give unto my sister Elizabeth (wife of the Rev. John Fisk of New Braintree in the County of Worcester and State of Massachusetts) the sum of Five Hundred dollars and to each of her two children William Fisk (now of the City of New York) and Sarah Fisk respectively the sum of Three Hundred Dollars -- and to my sister Abagail now of the City of Boston in the State of Massachusetts (and widow of the late Samuel Penniman) the sum of Four Hundred Dollars -- and to the Treasurer of the Home Missionary Society for the benefit of said Society the sum of Five Hundred Dollars, which said several legacies to wit to my said sister Elizabeth and to her two children William and Sarah each respectively, and to my said sister Abagail, and to the Treasurer of the Home Missionary Society for the benefit of said Society -- respectively as aforesaid, I do hereby desire and will shall be paid to them at and upon the decease of my said wife Mary Mellen (without interest previous to and before the decease of my said wife but with interest from and after her decease) by her heirs executors or administrators or assigns out of and from the said dwelling house and lot now occupied by me in Warren Street in said City of Hudson and the said undivided one half part of the said store and lot formerly occupied by “Mellen & Punderson” and now occupied by “M. C. & R. H. Hoes” in said City of Hudson (devised and bequeathed unto my said wife as hereinbefore mentioned) -- (unless the same shall be otherwise paid and satisfied by them or either of them) and I do hereby charge and subject the said dwelling house and lot and the said undivided one half part of said store and lot to and with the said legacies unto my said sister Elizabeth and her two children William and Sarah and to my said sister Abagail and to the Treasurer of the Home Missionary Society for the benefit of said Society respectively as aforesaid, and do hereby make and declare the same and each and every of the said legacies to be liens and charges thereon until they shall be fully paid and satisfied. ITEM - I give and devise and bequeath unto my brother James Mellen of the Town of Spafford aforesaid a certain piece parcel or lot of land containing about twenty five acres be the same more or less situate lying and being in said Town of Spafford and adjoining certain other lands now in the possession of my said brother and on the Northerly side thereof as the same in now possessed and enjoyed by him together with all and singular the tenements and appurtenances thereunto belonging, To have and to hold the same unto my said brother James and his heirs and assigns forever. ITEM - I give and devise unto my said Grandson James P. Mellen my set of Encyclopedia of about fifty volumes or more quarto now being in and on the premises formerly occupied by my son the said James Mellen deceased and adjoining to my said residence in the City of Hudson aforesaid. ITEM - I give and devise unto Leonard Mellen of Hardwick in the State of Massachusetts aforesaid and also unto the said William Fisk each respectively all monies avails or proceeds which may or shall arise accrue or become due out of from or on account of all or any sales or other disposition of Eighty Acres of land undivided of in and to all lands [page 401] or interest in lands situate lying and being in the State of Michigan and held in deed by trust by Robert McKinstry of said City of Hudson or otherwise which I may have or be entitled to -- and in like manner unto each of the following persons to wit my niece Mrs. Pinneo and my niece Mrs. Kellogg (wife of Timothy Kellogg senior) both residing in the City of Brooklyn -- John Mellen and Christopher Mellen both residing in or near the City of Hudson aforesaid -- Thomas Taft of Union in the State of Connecticut, and James Mellen Junior and David Mellen Junior, both sons of Nathaniel K. Mellen of said Town of Spafford respectively all monies and avails which may or shall arise accrue or become due out of and from or on account of all or any sales or other disposition of Fifty Acres of land undivided of in and too all lands aforesaid in said State of Michigan held by the said Robert McKinstry as aforesaid and as to all the rest residue and remainder of all the aforesaid monies avails or proceeds which may or shall arise accrue or become due out of and from or on account of all or any sales of other dispositions of said lands or interest in said lands lying and being in the State of Michigan aforesaid held as aforesaid by the said Robert McKinstry -- the moiety thereof I give and devise unto the said Treasurer of the Home Missionary Society for the benefit of said society and the other moiety I give and devise equally share and share alike unto and between my two said Sisters Elizabeth and Abagail and my said brother James Mellen. ITEM - It is my will and desire that out of and from the monies which may or shall after my decease arise accrue or be paid on upon or by reason of either or both a certain instrument in writing bearing date on or about the eleventh day of October in the year 1842 executed by and between Justus McKinstry and the said Robert McKinstry as administrators of etc. [the estate?] of James Mellen deceased and Henderson [Handerson] & Punderson of Cleveland in the State of Ohio and myself: or on upon or by reason of a certain deed in trust of a certain lot or lots of land in Cleaveland aforesaid bearing date on or about the second day of March in the year 1844 executed by Ebenezer F. Punderson to the said Robert McKinstry as by reference to the same or the record thereof being had will among other things more fully and at large appear -- all my just debts and all the just debts and expenses of in and about the settlement of my estate shall be first fully paid and satisfied and that all the rest residue and remainder of said monies thereafter remaining (if any there shall be) shall be paid and distributed equally share and share alike unto and between my two sisters Elizabeth and Abagail and my brother James Mellen aforesaid. I do hereby constitute and appoint my two friends Doct. Robert G. Frary of said City of Hudson and Samuel Leeds of the City of New York executors of this my last will and testament hereby revoking and annulling all former and other wills and testaments by me at any time heretofore made. In witness thereof I have hereunto placed my signature and seal this thirtieth day of November in the year one thousand eight hundred and forty four. David Mellen (L.S.) The above instrument consisting of four sheets was at the date thereof declared to us by the Testator David Mellen to be his last Will and Testament and he then acknowledged to each of us that he had subscribed the same -- and we at his request sign our names hereto as attesting witnesses G. W. Dyar residing in the City of Hudson County of Columbia and State of New York Peter R. Hogaboom residing in the City of Hudson County of Columbia and State of New York [Page 402] State of New York Columbia County SS: Be it remembered that at a Surrogates Court held in and for the County of Columbia at the Surrogates Office in the City of Hudson on the thirtieth day of April in the year One thousand eight hundred and forty five, Present Joseph D. Monell Surrogate, In the matter of the probate and proof of the last Will and Testament of David Mellen deceased came Robert G. Frary of the City of Hudson who is named as one of the Executors in a certain instrument in writing purporting to be the last Will and Testament of the said deceased and presented the same for probate proof and record as a will of both real and personal property according to Law and produced to the Court due proof of the legal and personal service of the Citation heretofore issued by the Court requiring the widow next of kin and heirs at Law of the said deceased to attend the probate and proof of the said instrument upon this day at the place aforesaid upon the said widow next of kin and heirs at law and upon the general guardian of such of said next of kin and heirs at law as are minors as required by Law, and no one appearing to oppose or postpone the same the Court proceeded to take the depositions and testimony of the individuals then produced with regard to the due execution, genuineness and validity of said instrument which said instrument relates to both real and personal estate, and is herein before contained, and which citation with the proof of service thereof depositions and testimony are in the words and figures following to wit: The People of the State of New York by the Grace of God Free and Independent to all to whom these presents shall come or may concern and especially to Mary Mellen of the City of Hudson in the County of Columbia widow of David Mellen late of the said City deceased, James Punderson Mellen of the same place only heir at Law and next of kin of the said David Mellen and Gamaliel Wheeler of the Town of Red Hook in the County of Dutchess general guardian of the said James Punderson Mellen, Send Greeting whereas Robert G. Frary of the City of Hudson in the County of Columbia names as one of the executors in a certain instrument in writing purporting to be the last Will and Testament of the said David Mellen deceased and relating to real and personal estate has applied for the proof thereof before our Surrogate of our County of Columbia. You are therefore hereby cited and required personally to be and appear (if you shall see fit) before the said Surrogate at his office in the City of Hudson on the 30th day of April instant at ten o’clock in the forenoon of that day then and there to attend the probate of said Will. (L. S.) In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness Joseph D. Monell Esquire, Surrogate of our said County of Columbia at Hudson the 15th day of April in the year of our Lord one thousand eight hundred forty five. Joseph D. Monell Columbia County SS: Claudius L. Monell of the City of Hudson in the County of Columbia aforesaid being duly sworn says that he did on the 17th day of April 1845 serve the written citation on Mary Mellen within named by delivering to her a copy of the said Citation personally and at the same time shewing to her the written original with the seal impressed thereon. Claudius L. Monell Sworn before me the 30th day of April 1845 Joseph D. Monell Surrogate [Page 403] Columbia County SS: Elizabeth Punderson of the City of Hudson in the County aforesaid being duly sworn says that she did on the 18th day of April 1845 serve the written citation on Gamaliel Wheeler and James Punderson Mellen within named by delivering to them a copy of the said Citation personally and at the same time shewing to them the written original with the seal impressed thereon. Betsey Punderson Sworn before me the 30th day of April 1845 Claudius L. Monell Comm. of Deeds Columbia County SS: George W. Dyar of the City of Hudson in the said County being first duly sworn deposes that he was acquainted with David Mellen in his life time that the said David Mellen is now dead and was at the time of his death an inhabitant of the City of Hudson in the County of Columbia and State of New York that this deponent saw the said David Mellen execute the instrument now shown to this deponent purporting to be the last Will and Testament of the said deceased and bearing date the thirtieth day of November in the year of our Lord one thousand eight hundred and forty four and heard him declare and acknowledge the same as and for his last Will and Testament that at the time of such execution and acknowledgement the said David Mellen was of sound and disposing mind and memory over the age of twenty one years and not under any restraint to the best of the knowledge information and belief of this deponent, that this deponent and the other subscribing witness to the said instrument subscribed theirs names respectively as witnesses to the said instrument in the presence and at the request of the said David Mellen and also in the presence of each other. G. W. Dyar Sworn before me the 30th day of April 1845 Jos. D. Monell Surrogate Columbia County SS: Peter R. Hogeboom of the City of Hudson in the said County being first duly sworn deposes that he was acquainted with David Mellen in his life time, that the said David Mellen is now dead and was at the time of his death an inhabitant of the City of Hudson in the County of Columbia and State of New York, that this deponent saw the said David Mellen execute the instrument now shown to this deponent purporting to be the last Will and Testament of the said deceased and bearing date the thirtieth day of November in the year of our Lord one thousand eight hundred and forty four and heard him declare and acknowledge the same as and for his last Will and Testament, that at the time of such execution and acknowledgement the said David Mellen was of sound and disposing mind and memory over the age of twenty one years and not under any restraint to the best of the knowledge information and belief of this deponent, that this deponent and the other subscribing witness to the said instrument subscribed theirs names respectively as witnesses to the said instrument in the presence and at the request of the said David Mellen and also in the presence of each other. Peter R. Hogeboom Sworn before me this 2d day of May 1845 Jos. D. Monell Surrogate Columbia County SS: Levi Rowley of the City of Hudson Attorney at Law being duly sworn doth depose and say that he prepared the Will of David Mellen here produced at the request and by the directions of the said David Mellen, that it was drawn up according to the directions of the said David Mellen given to this deponent [Page 404] at or about this time, that it was read to him and understood and approved by the said David Mellen, that it was executed at the time it bears date in the presence of this deponent and acknowledged by him in the presence of the witnesses thereto, that at the time of such execution the said David Mellen was of sound and disposing mind and memory and not under restraint to the best of the knowledge and belief of this deponent, that after the execution of said Will it was left in the possession of the said David Mellen, the said Will was delivered to this deponent by the widow of the said David Mellen, and that it remained in his possession until he delivered it to the Surrogate of the County of Columbia on the 30th day of April 1845 and that the said Will has not been altered since its execution. Levi Rowley Subscribed and sworn before me the 2 day of May 1845 Jos. D. Monell Surrogate The foregoing proofs and examinations were taken before me the said Surrogate at the time and place at which they purport to have been taken and the said depositions were severally subscribed by the individuals making oath to the same after they had been carefully read over to them. And I the said Surrogate being thereupon satisfied of the genuineness and validity of said instrument, that it was duly executed, that the testator at the time of the execution thereof was of sound and disposing mind and memory of full age and not under restraint and in all respects competent to make a valid disposition of his estate by will, have adjudged said instrument duly proved according to the laws of this State as a Will of both real and personal estate and have ordered that the same be admitted to probate. And no affidavit having been made & filed with me by the widow or any legatee next of kin or creditor of the testator or any other person interested in his estate, setting forth that such person intends to file with me objections against the granting of letters testamentary upon said will to the executors named in said Will, I have further ordered that such letters be granted to them upon their applying therefor and upon their taking and subscribing the oath by Law required. And I have further ordered that said will together with the proofs and examinations relating thereto be recorded which record as hereinbefore contained I do hereby sign and certify as by Law required. Done this 2nd day of May A.D. 1845 [signed] Jos. D. Monell, Surrogate