WILL: Jeremiah Mandigo; Cairo, Greene co., New York surname: Mandigo, Aker, Wood, Stratton, Sutton, Clark, Groat, DuBois, submitted by Almadean Jackson (acostich @ theofficenet.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** PETITIONS ON WILL OF JEREMIAH MANDIGO AT A SURROGATES COURT HELD AT THE TOWN OF CATSKILL AND COUNTY OF GREENE ON THE 6TH DAY OF DECEMBER 1841 BEFORE MALBONE WATSON SURROGATE On the day and at the place aforesaid Archibald Mandigo, executor of the last will and testament of Jeremiah Mandigo late of the town of Cairo and County of Greene deceased, appeared and presented a petition in the words and figures following to int. PETITION To the surrogate of the county of Greene the petition of Archibald Mandigo of the town of Cairo and County of Greene - respecfully herewith states - that Jeremiah Mandigo late of County of Greene in the state of New York is dead - that he died on or about the 12th day of November in the year one thousand eight hundred and forty one. That he was at the time of his death an inhabitant of the town of Cairo in said County and died at his place of residence in the County of Greene leaving a last will and testament. That the said deceased died leaving him surviving Jane Aker (daughter) wife of Jacob Aker of Cairo, Greene County, the children of Mercy Aker a deceased daughter , names & places of residence after diligent inquiry unknown, supposed to be in Canada. Jacob Mandigo, Jeremiah Mandigo & John Mandigo, children of John Mandigo a deceased son of the said Jeremiah Mandigo of Franklin, Bergen County, state of New Jersey, Fanny Wood (daughter) widow of Israel Wood of Webster, Monroe Co., Jeremiah Mandigo (son) of Greenville, Greene County, Phebe Stratton (daughter) wife of William Stratton of Webster, Monroe County, Louisa Mandigo & Hellen Mandigo children of Samuel Mandigo a deceased son of Jeremiah Mandigo of Windham, Greene County, Edward A. Mandigo & Sarah Mandigo, children of William Mandigo a deceased son of Jeremiah Mandigo of White Pigeon, St. Joseph County, Michigan State. Your Petitioner Sarah Sutton (daughter) wife of Melancthon Sutton of Webster Monroe County, William Mandigo, Harriet Mandigo and Stephen Mandigo, Children of Stephen Mandigo a deceased son of Jeremiah Mandigo of Pittsfield, Massachusettes state. that all the children of Stephen Mandigo, William mandigo and Samuel Mandigo are infants by means whereof as your petitioner has been informed and truly believes it belongs to the surrogate of the said county to take the proof of the said last will and testamant of the said deceased. that your petitioner being desirous that the said will should be admitted to probabe and that letters testamentary should be granted thereon. Prayer(?) citation issuing out of and under the seal of the court requiring the said heirs and next of kin personally to be and appear when and where this court may direct to appose or support as they may see fit the probate of the said last will and testament. And your petitioner will ever pray. Archibald Mandigo State of New York, Greene County: Archibald Mandigo the above named petitioner being duly sworn does depose and say that the matters and . things set forth in the foregoing petition are true to the best of his knowledge, information and belief. Archibald Mandigo Sworn this 6th day of December 1841 before me; M. Watson Surrogate On reading and filing which said petition it is ordered that a citation issue which said citation is in the words and figures following to wit. CITATION The people of the state of New York by the Grace of God free & independent to Jane Aker (daughter) wife of Jacob Aker of Cairo, Greene County, Jacob Mandigo, Jeremiah Mandigo and John Madigo the children of John Mandigo a deceased son of Jeremiah Mandigo of Franklin, Bergen County, New Jersey state, Fanny Wood (daughter) widow of Israel Wood deceased of Webster, Monroe County, Jeremiah Mandigo of Greenville, Greene County, Phebe Stratton (daughter) wife of William Stratton of Webster, Monroe County, Sarah Sutton (daughter) wife of Melancthon Sutton of Webster, Monroe County, George Clark of Catskill, Greene County, Richard V. Groat of Catskill, Greene County, Samuel DuBois of Catskill, Greene County heirs and next of kin of Jeremiah Mandigo late of the town of Cairo & County of Greene deceased. Whereas Archibald Mandigo of the town of Cairo in the County of Greene has lately made application to our surrogate of the County of Greene to have a certain instrament in writing relating to real & personal estate, duly prove as the last will and testament of said Jeremiah Mandigo deceased you and each of you are hereby cited and required personally to be and appear before our said surrogate at his office in the village of Catskill on the 24th day of January next at 10 o'clock in the forenoon of that day then and there to attend to the probate of said instrument as the last will and testament of said deceased. The testimony where of has carried the seal of office of our said surrogate to be hereunto affixed and witnessed by Malbone Watson surrogate of our said County Catskill the 6th day of December A.D. 1841. Malbone Watson Surrogate. And it appearing by the said petition that Louisa Mandigo, Helen Mandigo, Edward A. Mandigo, Sarah Mandigo, William Mandigo, Harriet Mandigo and Stephen Mandigo heirs of the said deceased are infants. It is ordered that George W. Clark of Catskill, Green County, Richard Groat of Catskill, Greene County be appointed special guardians for the said minors they being heirs of three different deceased children of the said Jeremiah Mandigo deceased for the sole purpose of appearing for and taking care of the interests of the said minors in the proceedings, which said appointment is in the words and figures following to wit. APPOINTMENT The people of the state of New York to George W. Clark of the Town of Catskill and County of Greene. Whereas Archibald Mandigo of the town of Cairo and County of Greene executor of the last will and testament of Jeremiah Mandigo has this day made application to Malbone Watson surrogate of the County of Greene to have the will of the said deceased prove before the said surrogate and recorded as a will of real estate. And whereas it has been made satisfactorily to appear that Louisa Mandigo, Helen Mandigo, children of Samuel Mandigo a deceased son of Jeremiah Mandigo deceased are infants. I therefore the surrogate aforesaid pursuant to the power in me vested by the revised statutes of this state and in pursuance of an order of my court before made and intered do hereby appoint you Geo W. Clark aforesaid guardian of said minors to take care of their interests in the premises. Given under my hand and seal of office at Catskill the 6th day of December 1841. Malbone Watson, Surrogate Copies of which said appointment were duly served on the 6th day of December 1841 before the said DuPois, Clark, and Groat and the said DuPois, Clark and Groat in writing accepted of such appointment and agreed to act as such guardians. In a surrogate court held at the town of Catskill and County of Greene on the 24th day of January 1842 before Malbone Watson Surrogate. On the day and at the place aforesaid Archibald Mandigo executor of the last will and testament of Jeremiah Mandigo deceased appeared and the citations issued by me being returned and due proof made to me by affidavit of its legal sense upon all the persons named therein on the request of the said executor. I proceeded to hear the proofs of the execution of the said will and therefrom the following witnesses were known and testified as follows to wit. Greene County: Shubal Lockwood of the town of Cairo as the said County being first duly sworn deposes and says that he was acquainted with Jeremiah Mandigo in his life time. That the said Jeremiah mandigo is now dead, that he died on or about the 12th day of November 1841 and was at the time of his death an inhabitant of the town of Cairo in the County of Greene and state of New York. What this deponent saw the said Jeremiah Mandigo execute the instrument now sworn to the deponent purporting to be the last will & testament of the said deceased and bearing date the 19th day of December in the year of our Lord one thousand eight hundred and thirty nine 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 Jeremiah Mandigo was of sound and desposing mind and memory over the age of twenty one years to wit eighty odd years of age 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 Nathaniel Lockwood, subscribing their names respectively as witness to the sound testament in the presence and at the request of the said Jeremiah Mandigo and also in the presence of each other. Shubal Lockwood Subscribed & sworn before me this 24th day of January 1842 M. Watson Surrogate Greene County : Nathaniel Lockwood of the town of Cairo in the said county being first duly sworn, deposes and says that he was acquainted with Jeremiah Mandigo in his lifetime that the said Jeremiah Mandigo is now dead, that he died on or about the 12th day of November 1841 and was at the time of his death an inhabitant of the town of Cairo the County of Greene and state of New York that his deponent saw the said Jeremiah Mandigo execute the instrument now therein to this deponent purporting to be the last will and testament of the said deceased and bearing date the nineteenth day of December in the year of our Lord one thousand eight hundred and thirty nine and heard him declare and acknowedge the same as and for his last will and testament That at the time of such execution and acknowledgement the said Jeremiah Mandigo was of sound and desposing mind testimony Over the age of twenty one years to wit. Eighty odd years of age and not under any restraint to the best of the knowledge information and belief of the deponent that this deponent and the other subscribing witness to the said instrument Shubal Lockwood subscribed their names repectingly as witnesses in the presence and at the request of the said Jeremiah Mandigo and also in the presence of each other. Nathaniel Lockwood. Subscribed and sworn before me this 24th day of January 1842 M. Watson, Surrogate Greene County: Archibald Mandigo being first duly sworn says that he is the person presenting the will of Jeremiah Mandigo deceased for probate, that he saw the said deceased immediately after its execution deliver it ot Perkins King of the town of Greenville and County of Greene with a request to keep the pause. That he received the said will from the said King the last day of November last and kept the custody of the same until the 6th day of December 1841 be presented it to the surrogate of Greene County for probate. Archibald Mandigo Subscribed and sworn before me this 24th day of January 1842. M Watson Surrogate Greene County: Perkins King of the town of Greenville and county of Greene being first duly sworn says that he drew the will of the said Jeremiah Mandigo deceased, that immediately after its execution the said deceased handed it to this deponent with a request to keep the same. that he kept the custody of the said will until on or about the last day of November 1841 when he delivered it to Archibald Mandigo, one of the persons named as executor in the same. Perkins King Subscribed & sworn before me this 24th day of January 1842 M. Watson Surrogate The foregoing proofs and examinations taken before me the said surrogate on the 24th day of January 1842 at the town of Catskill and County of Greene and the depositions of the respective witnesses were by them respectively subscribed after having been carefully read over by them. And I the said surrogate being satisfied upon the said proof taken of the genuineship and validity of the said will, that the said will wasduly executed, taht the said testator at the time of executing the same was in all respects competent to devise real estate and not under restraint do therefore allow the said will proofs and examinations to be recorded. Witnessed by Malbone Watson surrogate aforesaid day 2 years first aforesaid. M. Watson Surrogate THE LAST WILL OF JEREMIAH MANDIGO I Jeremiah of the town of Cairo, County of Green and state of New York, considering the uncertainty of this mortal life and being sure of sound and disposing mind & memory do make, ordain, publish and declare, this my last will and testament in manner and form following that is to say: First I give and bequeath unto my son Jeremiah Mandigo the sum of one hundred dollars. 2-I give and bequeath unto the children and lawful heirs of any deceased son William Mandigo the sum of four hundred dollars to be divided equally between them to be paid by my executors to their legally appointed guardian or to two responsible persons who will give bonds for the full and faithful accounting for the same and the proceeds thereof. In case of the death of either of them before marriage or arriving at full age his or her share to go to the survivor. I make the bequeath to the heirs of my said son William larger then I otherwise should, because he during his life time purchased of some of my children their right in my property and paid them for the same from which neither he nor his heirs has received nor can receive any benefit. 3. I give and bequeath unto the children & lawful heirs of my deceased son Samuel the sum of twenty five dollars and the survivors of them. 4. I give and bequeath unto the children and lawful heirs of my deceased son Stephen the sum of twenty five dollars and the survivors of them. 5. I give and bequeath unto the children and lawful heirs and the survivors of them of my deceased son John the sum of twenty five dollars. 6. I give and bequeath unto my daughter Jane, wife of Jacob Aker and her lawful heirs the sum of fifty dollars. 7. I give and bequeath unto my daughter Fanny, wife of Israel Wood and her lawful heirs the sum of fifty dollars. 8. I give and bequeath unto my daughter Phebe, wife of William Stratton and her lawful heirs the sum of fifty dollars. 9. I give and bequeath unto my daughter Sarah, wife of Melancthon Sutton and to her lawful heirs the sum of fifty dollars. 10. I give and bequeath unto the children and lawful heirs of my deceased daughter Mary, wife of Nicholas Aker and the survivor of the the sum of ten dollars. 11. In case of the death of either of my sons Jeremiah or Archibald before my decease the devise and bequeath to them respectively to go to their respective heirs. 12. I further give and bequeath unto the children and lawful heirs of my deceased son, William the sum of fifty dollars to be paid in the same manner as the preceding bequest to them. This bequest would have been fifty dollars more had not my son William had his fire wood from my land for six years which would more then amount to that sum. This with the preceding bequest make four hundred & fifty dollars. All the rest and residue of my estate both real and personal I give devise & bequeath unto my son Archibald Mandigo and his lawful heirs subject to the and terms and provisions herein contained. All the preceding specific bequests are a charge upon both my real and personal estate and if at the time of my decease my personal estate is insufficient (which probably will be the case) to pay my debts funeral expenses all the legacies above bequeathed except of course the residuary owe to Archibald and the expenses of closing up and settling my estate. My executors are hereby authorised and directed to sell and dispose of all my real estate that I may have at the time of my decease at public or private sale at their discration, as in the reasonable exercise thereof they shall deem most beneficial to those concerned, and convey the same by proper deeds and conveyances which conveyances in pursuance hereof shall rest in the purchases all the interest in the property so conveyed and the right and title therein of which I was seise at the time of my decease. Should my son Archibald however pay said debts, funeral expenses, legacies and other expenses he can retain said estate. I hereby appoint my son Archibald of the town of Cairo and Perkins King and Perkins King of the town of Granville. Executors of this my last will and testament directing the retaining of sufficient money from my estate by said executors for a reasonable compensation for services and expenses. I hereby revoke all former wills by me made. In intuit whereof I have hereunto set my hand and seal this nineteenth day of December in the year of our Lord one thousand eigth hundred and thirty nine. One word erased in the 16th line down on first page the word "and" written partly on an erasure in the 34th line down on same page before signing. his Jeremiah X Mandigo mark signed and sealed by the above named testator Jeremiah Mandigo and declared by him to be his last will & testament in the presence of each of us who at his request hereunto subscribe our names as witnesses Nathaniel Lockwood of Cairo Shubal Lockwood of Cairo State of New York, Greene County I Malbone Watson surrogate of the county of Greene do hereby certify that in purssuance of chapter six the title 1st article part 2nd of the revised statutes of the state of New York and the subsequent ammendments thereto upon proofs and examinations taken in the county aforesaid on the 24th day of January 1842 by the witness of Nathaniel Lockwood, Shubal Lockwood, Archibald Mandigo and Perkins King the subscribing witnesses to the foregoing will as well as the persons offering the same for probate and who had had the custody of the same that I am satisfied of the genuineship and validity of the said will. that the same was duly executed, that the testator at the time of executing the same was in all respects competent to devise real estate and not underestimate. And I the said surrogate do further certify that the said will is recorded in my office in Book ? kept by me for recording wills, testaments and codicils penned before me and the proofs thereof on pages from 514 to 527 inclusive. In testimony whereof I the surrogate aforesaid have hereunto affixed my official seal this 24th day of January 1842 M. Watson Surrogate Remuneration I Perkins King named of the executors in the last will and testament of Jeremiah Mandigo late of the town of Cairo in the County of Greene deceased, do hereby renounce all my right and claim to act as executor of the said will. P. King Dated March 7th 1842 Witness ?. W. Clark Rich'd V. Groat