WILL OF DAVID CASH, 1828, STANFORD, DUTCHESS CO., NY Copyright (c) 1998 by Marlene Cash Chaney (MChaney514@aol.com) ******************************************************************* USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************* In the name of God, Amen, I David Cash of the town of Stanford in the County of Dutchess and State of New York; being in health of body and in perfect soundness of mind and understanding do make and ordain this my last will and testament in manner as followeth. To Wit, 1st I commit my soul into the hands of my merciful Redeemer in hopes of Eternal life and appoint that my body be decently buried and the ........with all my lawful debts to be paid out of my personal estate by my Executors. 2nd I give and bequeath unto my beloved wife Patience Cash all my personal property (after deducting out my just debts and funeral expenses) whatever and wheresoever of what nature kind and quality soever. The same my be to her Executors Administrators and assignes to and for her and there own use and benefit absolutely forever and I do further give and bequeath unto my beloved wife Patience the use and occupation of all my real estate during her natural life to use and occupy at her discretion without restraint, and after her decease, I will and ordain that the Executors of this my last will and testament or their Executors or the survivors of any of them for and towars the performance of my said testament shall with all convenient speed after the decease of my beloved wife Patience, bargain, sell and alien in fee simple all my landed estate which I now occupy in the Town of Stanford and a wood lott in the town of Pine Plains in the County of Dutchess and all other real property owned by me at my decease wheresoever it may be situated a more particular description of said land may be had having reference to the several Deeds covering the same at my decease or other instrument relating to said Estate, to any person or persons and their heirs and assignees forever in fee simple by all and any Executors or Executor or their Executor or Executors or to their counsil learned in the law shall seem fit or necessary and the money .......... from the sale of said landed real estate after deducting out the expenses I order and direct my said Executors or their Executors or Executors to pay the following legaiees as soon as convenient after the sale of said property. I will and bequeath to my brother Joseph Cash seven hundred and fifty dollars; also I give to my brother Jonathan Cash seven hundred and fifty dollars; also I give to my brother William Cash five hundred and one dollars and direct my Executors or Executor or their Executors to give him my , my brother said William, up a note held against him for two hundred and forty-nine dollars, not charging him interest in said note which making seven hundred and fifty dollars. Also I give to the heirs of my sister, Hannah Germond, widow of Peter Germond, one hundred dollars each heir surviving the decease of my beloved wife Patience Cash. Also I give to my sister Milly Waltermire, wife of David Waltermire, five hundred dollars. Also I give to the heirs of my sister Zuba Warren, wife of Aaran Warren, one hundred dollars, each heir surviving the decease of my beloved wife Patience Cash. Also I give to he heirs of David W. Cash, deceased son of my brother William Cash, one hundred dollars. Each heir that arises to the age of twenty-one or thereof surviving the decease of my beloved wife Patience. And finally all the rest residue and remainder of my estate and effects after deducting all expenses legaees as above stated to be equally divided amonst the above named heirs. I do order Gilbert Thorne to pay my beloved wife Patience Cash the money which he and his brother Benjamin Thorne owes me. and I do hereby nominate and appoint my beloved wife Patience Cash Administratrix, Jonathan Cash of the Town of Pittstown, county of Rensselaer and Gilbert Thorne of the Town of Stanford in the County of Dutchess Executors of this my last Will and Testament - hereby revoking all former wills and testaments. In witness whereof I have hereunto set my hand and seal this Eighteenth day of January in the yer of our Lorad One Thousand Eight Hundred and Twenty-Eight. Signed sealed published and declared by the said testator as and for his last Will and Testament in presence of who at his request in his presence and of each other have subcribed our names as witnesses thereunto. The words (person or) interlined between the thirty-eight and thirty-ninth line from the top of first page before the Executors. Witnessed by Timothy Preston, John Tompkins and Levine Preston. To the Surrogate of the County of Dutchess The Petition of Gilbert Thorn surviving Executor of the last Will & Testament of David Cash deceased late of Stanford in the County of Dutchess respectifully showeth. That said David Cash deceased died sometime in the year AD 1834 having first duly made and published his last will and testament in and by which he appointed your Petitioner and Patience Cash his widow and Jonathan Cash Executors of his said Will. That said Will was proved on the 29th of December 1834. Letters Testamentary thereon granted to Patience Cash and your Petitioner on the .......... of April 1835 by the Surrogate of Dutchess County. That your Petitioner is the sole surviving Executor of said David Cash deceased that he has heretofore paid over the full amount of the inventory of said deceased to the Legatee therein named. That he has recently by virtue of a power of sale contained in the Will of the said deceased sold the Real Estate of said deceased and conveyed the same ........ of rendering a full and final account of his proceedings to the Surrogate. And your Petitioner further shows that as far as he can ascertain by enquiry and from the Will of said deceased the following are the persons intended in the Will of said deceased as legatees under the same. 1. Representatives of Joseph Cash deceased one of the said legatees who died in 1844 in the City of New York without a Will. 1. Stephen Cash of the City of New York. 2. The children of Amy wife of Caleb Stevens deceased said Amy being also deceased the names, ages and places of residence of such children being unknown. 3. The Representatives of Rufus Cash deceased their names, ages and place of residence being unknown. 4. Reuben Cash of Fishkill, Dutchess County. 5. John Cash of Newburgh, Orange County. 6. Joseph Cash residence unknown. 7. The representatives of Smith Cash deceased residence, ages, and names being unknown. 2. William Cash of Evans, Erie County, New York. 3. The Representatives of Jonathan Cash deceased to wit Sarah Sherman wife of Joseph Sherman of Pittstown, Rensellaer county. 4. The heirs or children of Hannah Germond deceased who survived Patience Cash, their names, number, ages and places of residence unknown - but supposed to be in Greene County. 5. David Waltermyer husband of Milly Waltermyer deceased to whom the Testor left a legacy of five hundred dollars - of Dutchess County. 6. The heirs, or children of Azuba Warren deceased who survived Patience Cash - their names, number, and places of residence unknown. 7. The heirs or children of David W. Cash supposed to reside somewhere in Erie County, Town of Evans. At a Surrogate court held for the County of Dutchess at the Surrogate office in Poughkeepsie in said County on the third day of July in the year of our Lord one thousand eight hundred and forty seven. Present V. D. Bonesteel, Surrogate In the matter of the estate of David Cash, deceased On the petition of Gilbert Thorne surviving Executor of the last Will and Testament of David Cash deceased heretofore presented to this court, stating among other things that on the 1st day of April 18 1834 Letters Testamentary on said estate were duly granted to Gilbert Thorne and Patience Cash and that Patience Cash is now deceased that certain persons in said petition named were the legatees and devises entitled respectively to an interest in said estate and that said petitioner was desirous of rendering a final account of all his proceedings as such Executor to the end that said account might be finally settled and he be discharged from all future liability and accountability as Executor of said estate and praying that such proceedings might be had as to enable all partiies interested in said estate to attend the settlement of the accounts of said Executor so as to make the same final and conslusive on all the parties interested therein. Whereupon citations were issued pursuant to the prayer of the said petition directed to the said partieis interested in said estate which said citations were made returnable at a day now past; and the same having been returned duly served and published, such proceedings were thereupon had that the said Executor exhibited his general account with said estate verified by his oath which was duly filed with this court. And the said Executor appeared by John Thompson Esq his Proctor and Counsel and the heirs of Mille Waltermire by John V. A. Lyle Esq their counsel and Stephen Cash and Isaac Cash by John P Tallman Esq their counsel and such others of them as chose to appear did appear with or by their respective Counsel. And this cause having been brought to a final hearing upon the proofs exhibits and admissions of the respective parties in interest and upon the accounts of the said Executors; It is satisfactorily ascertained and declared that upon taking, stating and settling the said accounts of the said Executor, he the said Executor is to be charged with the sum of fifteen thousand four hundred and eighty seven dollars and seventy cents ($15,487.70) for that amount collected received and realized by him as assets of said estate and that he is to be credited in his account with said estate with the sum of eight thousand four hundred and seventy nine dollars and ninety six cents ($8479.96) for that amount paid to the widow Patience Cash under and by virtue of the directions of the Will of said deceased and with the further sum of six hundred and seventy one dollars and sixty two cents ($671.62) for the just and proper payment, charges, expenses, and commissions of the said Executor in the administration and settlement of said estate. And with the further sum of six thousand three hundred and thirty six dollars and twelve cents ($6336.12) paid to the surrogate of Dutchess County being the balance of monys in the hands of the said Executor from which to pay the costs of this accounting and then to distribute the balance among the legatees and devises in said Will according to their respective rights under the said last Will and Testament of said David Cash deceased. It is further ascertained declared and decreed that the said Surrogate has received from said Executor the above sum of six thousand and three hundred and thirty six dollars and twelve cents ($6336.12) and also the sum of thirty six dollars ($36.00) for interest from John Cronkhite making in all the sum of six thousand three hundred and seventy two dollars and twelve cents ($6372.12) which is to be credited to said estate. It is further ascertained declared and decreed that the costs, expenses and disbursements of this accounting as allowed amount in the aggregate to the sum of five hundred and seventy seven dollars and fifty cents ($577.50), which is to be deducted from the above sum of six thousand three hundred and seventy two dollars and twelve cents ($6372.12) as leaving a balance of five thousand seven hundred and ninety four dollars and sixty two cents ($5794.62) to be distributed among the legatees and devises and next of kin of said deceased. It is further ascertained and declared that Stephen Cash of the City of New York, as Administrator of Joseph Cash deceased, is entitled to the sum of seven hundred and fifty dollars ($750.00); that William Cash is entitled to the sum of one thousand and twenty two dollars and eighty cents ($1022.80); that David Germond, William Germond, Jefferson Germond are each respectively entitled to the sum of one hundred and seventy four dollars and fifty four cents ($174.54); that Melissa, the wife of Ira Hitchcock, Mary Walling, and Catharine Warring are each respectively entitled to the sum of two hundred and thirty dollars and forty five cents ($230.45); that Jonathan Cash, Mary the wife of James V. Gates, Maria the wife of Hurd and Anna the wife of James Campbell are each respectively entitled to the sum of one hundred and seventy eight dollars and thirty seven cents ($178.37); that Sarah the wife of Joseph Sherman is entitled to the sum of five hundred and twenty one dollars and eighty cents ($521.80); that Steven Cash, Reuben Cash, Joseph Cash the representatives of John Cash, the children or representatives of Amy Stevens deceased, the representative of Rufus Cash deceased are each respectively entitled to the sum of seventy four dollars and fifty four cents ($74.54); that Isaac Cash, Benjamin Cash, Phebe Ann Finch, Uriah Cash, William Cash and Stephen Cash son of Smith Cash deceased are each respectively entitled to the sum of twelve dollars and forty two cents ($12.42); that the heirs of Silas Germond deceased whose names and number are unknown are entitled to the sum of seventy four dollars and fifty four cents ($74.54); that the heirs of Mary Ann Germond deceased, whose names and number are unknown are entitled to the sum of seventy four dollars and fifty four cents ($74.54); that the heirs of Sarah the wife of Joshua Lamb, whose names and number are unknown are entitled to the sum of seventy four dollars and fifty four cents ($74.54); that David Waltermire Jr, Betsey wife of John B. Fradenburgh, Catharine wife of David W. Carroll, Melissa wife of Frederick B. Schultz are each respectively entitled to the sum of eighty six dollars and ninety six cents ($86.96); that Henry Swartout and Melissa the wife of Thomas Pearsell are each respectively entitled to the sum of forty three dollars and forty eight cents ($43.48); that David W. Butts, William Butts, Walter Butts, George Butts, Alfred Butts and Angeline wife of Clinton W. Conger are each respectively entitled to the sum of fourteen dollars and fifty cents ($14.50); that George W. Baker, Henry C. Baker, Charles W. Baker and Cynthia Ann Baker, minors are each respectively entitled to the sum of thirty two dollars and sixty one cents ($32.61). It is therefore ordered adjudged and decreed that each of the persons above named be paid the sums to which each one is respectively entitled as is hereinbefore declared by this decree. And it is further ordered adjudged and decreed that the aforesaid Executor Gilbert Thorn having paid over to this Court for distribution all the money in his hands as such Executor, shall be and he hereby is discharged from any and all future and further liability and accountability to the devises, legatees and next of kin of the said Testator and to all the creditors of estate to whom notice of this accounting has been given pursuant to the provisions of the statutes of this State and the account taken in this cause as settled in and by this decree is adjudged and held to be final and conclusive upon all the parties hereto. In testimony whereof the said Surrogate have hereunto set my hand and affixed my official seal this third day of July in the year of our Lord one thousand eight hundred and forty seven. Signed V. D. Bonesteel, Surrogate _________________________________________________________________ Dutchess Surrogate Court In the Matter of the estate of David Cash deceased Gilbert Thorn Executor of the estate of David Cash deceased. In account with the estate. The Estate Credit by Amount Received by Executor $15,487.70 The Estate Debtor Paid Patience Cash widow $ 8,479.96 Pd by Gilbert Thorn in Administering Estate $ 671.62 Deposited in Court $ 6,336.12 $15,487.70 $15,487.70 The Estate Credit By Amt. deposited as above $ 6,336.12 Interest of John Conkhite $ 36.00 $ 6,372.12 The Estate Debtor to costs & expenses of accounting JC $ 577.50 Legacies and Distributive Shares Stephen Cash, administrator of Joseph Cash $ 750.00 William Cash $ 1,022.80 David Germond $ 174.54 William Germond $ 174.54 Morris Germond $ 174.54 Jefferson Germond $ 174.54 Heirs of Silas Germond deceased $ 74.54 Heirs of Mary Ann Germond $ 74.54 Heirs of Sarah wife of Joshua Lamb $ 74.54 Melissa wife of Ira Hitchcock $ 230.45 Mary Walling $ 230.45 Catharine Warring $ 230.45 Jonathan Cash $ 178.37 Mary wife of James V. Gates $ 178.37 Maria wife of Bostwick Hurd $ 178.37 Anna wife of James Campbell $ 178.37 Sarah wife of Joseph Sherman $ 521.80 Stephen Cash $ 74.54 Reuben Cash $ 74.54 Joseph Cash $ 74.54 John Cash, representatives of $ 74.54 Children of Amy Stevens deceased $ 74.54 Representatives of Rufus Cash deceased $ 74.54 Isaac Cash $ 12.42 Benjamin Cash $ 12.42 Phebe Ann Finch $ 12.42 Uriah Cash $ 12.42 William Cash $ 12.42 Stephen Cash, son of Smith $ 12.42 David Waltermire Jr $ 86.96 Betsey wife of John B Fradenburgh $ 86.96 Catharine wife of David W Carroll $ 86.96 Melissa wife of Frederick B Schultz $ 86.96 Henry Swartout $ 43.48 Melissa wife of Thomas Pearsall $ 43.48 David W Butts $ 14.50 William Butts $ 14.50 Walter Butts $ 14.50 George Butts $ 14.50 Alfred Butts $ 14.50 Angeline wife of Clinton W. Conger $ 14.50 George W. Baker (minor) $ 32.61 Henry C. Baker (minor) $ 32.61 Charles W. Baker (minor) $ 32.61 Cynthia Ann Baker (minor) $ 32.61 $ 6,372.12 $ 6,372.12 Dutchess County Surrogates office ; Recorded the preceding decree and summary this 3rd day of July, 1847. V. D. Bonesteel, Surrogate The following people signed their citations that they had received notice to appear on May 20, 1847 for final disbursement of Will of David Cash: Reuben Cash of Fishkill (our gggrandfather) Mary Walling Jonathan Cash James V. Gates and his wife Mary of Evans, Erie Co, NY William Cash of Evans, Erie Co, NY Mary Butts David W Carroll of Stanford Katharine Carroll of Stanford Alonso M Carroll Stephen Cash John Cash of Newburgh, Orange Co, NY Hannah Waltermier of Clinton, Dutchess County David Waltermyer of Clinton, Dutchess County David Waltermier Jr of Red Hook Joseph Sherman and Sarah his wife of Pittstown, Rens Co, NY David C. Baker and his wife Olive Melissa Schultz of Clinton Frederich B Schultz of Clinton John B Fradenburgh of Stanford Elizabeth M Fradenburgh of Stanford David C. Baker came forward to state his wife Olive Baker, daughter of Azubah and Aaron Warren died in September 1842 leaving her husband, son George W Baker age 12, Harry C Baker age 11, Charles Warren Baker age 10 and Cynthia Ann Baker age 7. A Mary Moore, wife of Daniel Moore, came forward to claim the inheritance of Rufus Cash as his next of kin. NAMED IN DAVID'S WILL Anna (wife of James Cambell) $178 Sarah (wife of Joseph Sherman) $521 Stephen (Administrator for Joseph Cash) $ 74 Joseph (residence unknown in 1847) $ 74 John (of Newburgh, Orange Co) $ 74 Amy (deceased in 1828, wife of Caleb Stevens) $ 74 (Caleb deceased by 1847 - went to unknown heirs) Rufus (deceased in 1826 - went to Mary Moore) $ 74 Isaac $ 12 Benjamin (only unclaimed Benjamin we have is one born 6/5/1821 $ 12 in Broome Co, relative of Clara Estelle Kent Wing) Uriah $ 12 William $ 12 Stephen (son of Smith) $ 12 Silas Germond (deceased in 1828) went to heirs $ 74 Mary Ann Germond (deceased in 1828) went to heirs $ 74 Sarah, wife of Joshua Lamb (deceased in 1828) went to heirs $ 74 David Waltermier, Jr $ 86 Betsy, wife of John B. Fradenburgh $ 86 Catherine, wife of David W Carroll $ 86 Melissa, wife of Frederick B. Schultz $ 86 Henry Swartout $ 42 Melissa, wife of Thomas Pearsall $ 42 Angeline, wife of Clinton W Conger $ 14 David W Butts $ 14 William Butts $ 14 Walter Butts $ 14 George Butts (didn't sign citation - not mentioned in 1847) $ 14 Alfred Butts $ 14 (MARY BUTTS SIGNED FOR ABOVE) George W Baker, age 12 $ 32 Henry C Baker, age 11 $ 32 Chas Warren Baker, age 10 $ 32 Cynthia Ann Baker, age 7 $ 32 (These are children of Olive Warren Baker d (9/1842) md to David C Baker) (She would be daughter of Azubah Cash (Mrs Aaron) Warren) Patience, widow $8,479 Gilbert Thorn, Administrator of David's Estate (charges) $ 671 Stephen Cash, Administrator of Joseph Cash $ 750 (Stephen died NYC 1844) William Cash (probably his brother in Erie Co) $1022 David Germond $174 William Germond $174 Morris Germond (not mentioned in 1847) $174 Jefferson Germond $174 (Sons of Hannah & Peter Germond) Melissa, wife of Ira Hitchcock $230 Mary Walling $230 Catherine Warring $230 Jonathan $178 Mary, wife of James V Gates $178 Maria, wife of Bostwick Hurd $178 Millie Waltermier (deceased) heirs appeared In 1847 a Joseph Cash was a representative for John Cash. People not having Cash Name in David Cash Will in alphabetical order David C or Olive Warren Baker (Olive d Sept 1842, daugh of Azubah Cash & Aaron Warren) Charles Warren Baker Cynthia Ann Baker George W Baker Alfred Butts David W Butts George Butts b 1823 Walter Butts William Butts James & Anna Cambell/Campbell David W & Katherine Carroll (buried in Stanford) Clinton W & Angeline Conger (might be Erie Co Angeline) James V Gates and wife Mary (Erie Co) John B and Betsy (Elizabeth) Frandenburgh (buried in Stanford) Children of Hannah Cash and Peter Germond/German: (Hannah & Peter were in Chenango County after 1796) David Germond Jefferson Germond Mary Ann Germond (d 1828/1847) Morris Germond (d 1828/1847) Silas Germond (d 1819) William Germond Ira & Melissa Hitchcock Bostwick & Maria Hurd Joshua & Sarah Lamb (d 1828/1847 daughter of Hannah Cash & Peter Germond) Thomas & Melissa Pearsall Frederick B & Melissa Schultz Caleb & Amy Stevens Mary Walling (Found a Peter Walling as contributor to building of First Presbyterian Church, Westtown, NY. Contributed $15.) Catherine Warring 10