WILL: Charles Sabin;  Fort Covington, Franklin co., NY 
surname: Sabin, Tibbits, Wilson, Sutton, Duell, Searles

submitted by Gail Meehan (gailmeehan at aol.com) 
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm

http://www.usgwarchives.net/ny/nyfiles.htm

Submitted Date: October 1, 2004
This file has been created by a form at http://www.genrecords.org/nyfiles/
File size: 9.1 Kb
************************************************
Source: Sampubco
Franklin Co NY Will Book Vol. 4 page 79
Written: June 2 1864
Probated: November 6 1865

SABIN, CHARLES
Last Will and Testament of Charles Sabin, Fort Covington, Franklin County,
NY.,  dated June 2, 1864: 

Franklin Surrogates Court, In the matter of proxy the last will and testament
of  Charles Sabin, deceased.

Be it remembered that heretofore to wit on this fifteenth day of May in the
year one thousand eight hundred and sixty four Amos? Merritt, one of the
executors named in the last will and testament of Charles Sabin late of Fort
Covington, deceased, appeared in open court before the Surrogate of the County
of Franklin and made application to hear the said last will and testament
which relates to both real and personal estate passed? and on such application
the Surrogate did ascertain by satisfactory evidence who were the widow,
heirs, and next of kin of the said testator and their respective residences:
and said Surrogate did thereupon offer a citation in due form of law directed
to his said widow, heirs, and next of kin by their respective names stating
their respective places of residence requiring them to appear before the said
surrogate at his _____ Malone on the second day of October then next? and
attend the probate of the said will and afterwards to wit on the second day of
October satisfactory evidence was produced (by affidavits) and presented to
said Surrogate of the serving of said citation in the mode prescribed by law,
and on that day some of his heirs and next of kin appearing to be minors
having no general guardian rendered? in this state a special guardian was
appointed in due form of law to take care of their interests in this matter of
proxy? this said will, by an order entered for this purpose by said Surrogate,
and said Special Guardian was present on said day and no one appearing to
oppose the probate of such will such proceedings were therefore had.
Afterwards their ______ surrogate took the proof of the said will hereinafter
set forth ____ day of _____ in the year one thousand and eight hundred and
sixty four and he adjudged the said will to be a valid will of real and
personal estate and the proofs thereof to be sufficient which said last will 
and testament and proofs are as follows that is to say:

In the name of God, amen. I, Charles Sabin of the Town of Fort Covington, in
the County of Franklin, and State of New York of the age of seventy eight
years and being of sound mind and memory do make, publish and declare this my
last will and testament in manner following, that is to say,

FIRST I give and bequeath to my daughter Polly Sabin the sum of five dollars,
to my son Denis Sabin the sum of five dollars, to Mary Wilson (the wife of
Charles? Wilson) my daughter, the sum of one hundred dollars which said
several legacies or sums of money I direct and order to be paid to the said
respective legatees? within one year after my decease. 

SECOND I give and devise to my son James M. Sabin and my daughter Betsey
Sutton the wife of Luther? Sutton and my daughter Rindy Duell (the wife of
Benjamin Duell) their heirs and _____all that tract or parcels of land
situate? lying and being in the Town of Fort Covington Township number Two,
County of Franklin, State of New York, known and distinguished as the middle
part of farm lot number two or great? lot number six of said Town bounded as
follows: Beginning in the center of Salmon River at a point so far West from
the East line of said farm lot as that a line running Southerly and parallel
therewith? to the South line of said farm lot will contain one hundred acres
of land, formerly contracted? to Comfort Sabin and thence running Southerly
and parallel to the East line aforesaid to the Southwest corner of said
Comfort Sabin's one hundred acre lot, thence running Westerly on the South
line of said farm lot so far that a line running Southerly and parallel with
the East line aforesaid to the center of Salmon River and thence up the same
as it winds and turns to the place of beginning. May contain one hundred acres
of land and no more, together with all the heredit?ments and the appurtenances
there unto belonging or any-wise? appertaining ? to heirs? and to hold the
premises above discussed excepting fifty acres in this? the south part of the
above described lot of land which I deeded to Charles Sabin, and Calvin Sabin,
to the said James M. Sabin, Betsey Sutton, Rindy Duell, their heirs and ap?
forever.

THIRD, I give and devise to the said James M. Sabin, Betsey Sutton and Rindy 
Duell all of my personal estate, goods, chattles of what nature or kind ____
to be divided equally between them, share and share alike. 

LASTLY, I give and bequeath to my wife Esther Sabin the use of the house
situated on the premises above described and which I now reside during her
life and that she is to have her support and maintenance during her life to be
accepted and received by her in lieu of dowers and I hereby appoint Chandler
Ellsworth and Amos A. Merrit both of the town of Fort Covington, Franklin
county, New York, executors of this my last will and testament, hereby
revoking all former wills by me made. In witness whereof I have herewith set
my hand and seal this twenty second day of June in the year of our Lord one
thousand eight hundred and sixty four.
Charles Sabin
witnesses:
Joseph Fay, residing in Town of Fort Covington
James McCartney, residing in Town of Fort Covington

Franklin Surrogate Court, Franklin County, New York
The above instrument consisting of one sheet was on the date thereof? declared
to us by Charles Sabin the testator therein mentioned to be his last will and 
testament and he at the same time acknowledged to us and each of us that he
had signed and sealed the same and we thereupon at his request and in his
presence and in the presence of each other signed our names thereto as
attesting witnesses.
Joseph Fay, residing in Town of Fort Covington
James McCartney, residing in Town of Fort Covington

Franklin Surrogates Court Court, Franklin County, New York
In the matter of proxy proving? the Last Will and Testament of Charles Sabin, 
deceased:

Examination of witnesses sworn and examined before Henry A. Paddock, Surrogate
of Franklin county. Franklin County_____ James McCartney and Joseph Fay of
Fort Covington in said County being first sworn in open court on their oaths
do depose and say that they are each one of the subscribing witnesses to the
last will and testament of Charles Sabin, late of the town of Fort Covington
in the County of Franklin, deceased, and the deponents further say that the
said deceased, in the presence of the deponents and each of them attesting
witnesses subscribed his name at the end of the instrument which is now here
shown to deponents and offered for probate and purporting to be his last will
and testament and which ____ date on the 22 day of June one thousand eight
hundred and sixty four. That the said deceased at the time of subscribing his
name to the said instrument did declare the same to be his last will and
testament. That these deponants did thereupon subscribe their names at the end
of said instrument as attesting witnesses to the execution thereof at the
request of said deceased in his presence and in the presence of each other,
the attesting witnesses. That the said deceased at the time of so subscribing
his name was a citizen of the United States upwardly? the age of twenty one
years, that he appeared to be of sound mind memory and understanding and was
not under ___ to the knowledge or belief of these deponants.
James McCartney
Joseph Fay
____subscribed and ____this 6th day of November 1865? before me, Henry A. 
Paddock, Surrogate

Recorded the preceding Last Will and Testament of Charles Sabin as a will of
real and personal estate together with the proof____ in the Court of the
Surrogate of the County of Franklin relating to the Last Will and Testament
which recorded is hereby signed and certified by me pursuant to the provisions
of the record_____  this 6th day of November 1865
Henry A. Paddock, Surrogate

Additional Comments:
transcriber's note: Charles Sabin was born about 1787 in Massachusetts, the
son  of Gideon Sabin and Freelove Searles. He was a veteran of the War of
1812, serving in Asaph Perry Co. I am descended from his son, James M. Sabin
and his wife, Dorinda Tibbits. Charles and Esther Sabin are buried in
Riverside Cemetery, Westville, Franklin County, New York.