COURT: Smith Germond (part 1 of); Lansingburgh, Rensselaer co., NY 1841 surname: Germond, Bloom, Mott, Hall, Tracy, Spencer, Doolittle, Pierson, Trowbridge, Leavens, Cushman, Ives, Chichester, Barber, Hatch, Dewolf, Woodworth, Gaston, Fake, Storm, Bryan, Gardner, Robbins, Warren, Bachus, Huddleston, Chatfield, Brinsmade, Heartt, Lohnes, Smith, Davis, Ketchum, Allen, Mctier, Matthews, Barker, Niles, Viele, Brownell, Wright, Bull, Perry, Slocum, Ryan, Grant, Lester, Coffin, Walbridge, Vail, Mosher, Filkins, Reed, Knickerbacker, Fowler, Long, submitted by Gayle Hendren (gr3808 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: October 18, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 206.7 Kb ************************************************ Source: Copy Of Original Document Written: 1841 In the matter of admitting to Probate the last will and testament of Smith Germond, late of the town of Lansingburgh in the county of Rensselaer deceased Personal Estate. And thereupon Joshua Spencer and C.H. Doolittle appeared before said Surrogate as Counsel in behalf of Polly, wife of Samuel Hall of Utica, Oneida County one of the heirs of law of said Smith Germond, deceased to contest the validity of the said will. And the said will then and there being produced before the said Surrogate the proof there of was in the words and figures following that is to say. In the Matter of the Last Will and Testament of Smith Germond, deceased Rensselaer County ss. Job Pierson of the city of Troy in said County being duly sworn deposes and says that an instrument purporting to be the last will and testament of Smith Germond late of the town of Lansingburgh deceased which was this day delivered to the Surrogate of the County of Rensselaer by this deponent, was handed to this deponent by the testator Smith Germond on the day it bears date. and on the day it was executed by said testator, that said testator requested deponent to keep the same in his said deponents possession until called for or after said testators decease. and that deponent has kept the same sealed up in his possession from the time it was so handed to him by said testator until this day and until deponent delivered the same to the said Surrogate as above stated. Sworn and Subscribed before me Oct 26th 1840 J. Pierson C.L. Tracy Surrogate In the matter of proving the last Will and Testament of Smith Germond deceased Rensselaer County ss. Job Pierson sworn says deponent is a subscribing witness to the will produced to him – deponent drew the will at the request of Smith Germond. the testator gave the directions as to the disposition of the property. deponent saw him sign the instrument shown to witness. testator published and declared it to be his will. deponent read it carefully to testator after it was drawn. testator signed it, declared it to be his will and requested Dr. Trowbridge and deponent to witness it. Dr. Trowbridge was by at the time and witnessed it in deponents presence. All this was at the same time the instrument bears date. deponent made a mistake in inserting the date of one day, which mistake testator pointed out and deponent thereupon corrected – testators mind at the time was perfectly sound so far as deponent could judge – deponent has known testator since 1812. Cross Examined. Deponent lived at Troy at the time will was executed, testator at Speigletown. Distance six miles from Troy – will was drawn at testators residence. deponent went up with John M. Mott. John M. Mott came after deponent – it was in fore part of the day – about half past nine o’clock on the day the will bears date – had seen testator about a week before that day at his house about ten or fifteen minuets, perhaps not so long. met him on the road – testator then requested deponent to call and see him at his house on deponents return from Schaghticoke – deponent called on his return from Schaghticoke about ten minuets – testator said he was desirous of making his will and requested deponent to call for that purpose – testator said it was then too late and he would send for deponent another time – testator said he did not feel very well – some other conversation, deponent does not recollect it – a brother of Mr. Mott was there one of the executors named in the will – deponent does not know his Christian name – deponent had seen testator once or twice within a short period but a little while at a time within a month before – deponent found Dr. Trowbridge at testators house when deponent went to draw the will – John M. Motts brother was not then there. Dr. Trowbridge and testator were about leaving the door in a carriage and one of them said they would be back in a short time – there was a memorandum lying on a table at testators house containing some directions for a part of the will – testator produced to deponent the memorandum and said it had been made out by himself and the Doctor – memorandum was not in testators hand writing – deponent drew the will in the same room with the testator, except a short time when testator was at dinner table – part of the will was drawn according to the memorandum and part was not – deponent thinks it was not principally drawn from the memorandum – deponent _______ memorandum and asked testator from time to time – the original memorandum contained a provision of one thousand dollars for John M. Mott. testator said he had given John a good deal of trouble and might give him a good deal more – he then said he would give John fifteen hundred dollars over and above what John owed testator and the rent of his house to April or May – the original memorandum according to deponents recollection contained principally the preferred legacies – deponent recollects testator speaking of a son of Levings (sic) named after testator – the rest of the will was drawn from the memorandum deponent made – testator gave all the directions respecting the terms of the will – deponent thinks he was at testators four or five hours – testator did not converse much except about the business in hand. deponents suspicions were not excited in relation to his soundness of mind – deponents attention was drawn to the state of his mind – the attention was drawn by the making of the memorandum by deponent at testators direction – testator desired deponent to set down in figures the number of acres of land testator had and to make an estimate of what testator considered the value of testators property – testator named the number of acres he had and told deponent to put that down – testator estimated it at eighty dollars an acre. deponent told testator it was rather high. testator said it was not according as he had sold – testator said he had sold to Jones at one hundred dollars an acre – testator mentioned the sale to Jones. deponent does not recollect whether Jones name was used – deponent multiplied the acres carried out the aggregate and told him the amount – testator then said what he had on bond and mortgage – deponent thinks about $14,000 – deponent put that down – testator then stated what he thought his personal property worth and deponent put that down – deponent does not recollect how much – testator then stated how much he owed and told deponent to deduct it from the aggregate. deponents impression is that he said what he owned was about $14,000 – testator then directed deponent to sum up the preferred legacies and see how much was left – that deponent did – deponent told testator the difference – testator then said he wished the will drawn in such a way as to direct his executors to sell the property real and personal and first pay the preferred legacies and his debts – the residue testator said he wanted divided between the two families, his brother Samuel Germonds children and the Mott family – except that he wished a certain sum deducted from the share of Samuel Germonds children being an amount over amount he had had to pay for Samuel Germond with interest thereon – this amount which deponent does not recollect. Testator also mentioned that he had paid or would have to pay something for one of the Mott children which he would deduct from his share – testator mentioned in relation to the Germond children that he wished to give James Germond more that his, James sisters – deponent spoke to testator about providing for the family of Blooms. testator said not much, you know my brother has given her support as long as she lives by his will as much as she needs – and as to the son of Mrs. Bloom he once got some money of us or our names on paper and left us to pay it – he preferred other creditors to us – after the will was executed testator delivered it to deponent and asked deponent to keep it – deponent sealed it in an envelope in testators presence – deponent has been his counsel for three or four years – deponent has intended to give the substance of testators declarations in the language of deponent generally, sometimes his words – deponent does not recollect any one saying anything respecting the will except testator and deponent – no one else in room besides deponent and Dr. Trowbridge – John M. Mott was at dinner with testator and deponent and Mrs. Mott – they were there or in the neighborhood at the time. John M. Mott lived in a house near by. Mrs. Mott, John M’s mother was staying in the family of testator – the preferred legacies were given in the manner mentioned in the original memorandum – except that John M. Mott was altered by preferred legacies, deponent means all the legacies down to the third clause of the will – deponent understood that these were much more than half of the estate not included in the preferred legacies as meant by deponent – deponent does not know how long he lived afterwards – testator mentioned his wife in the conversation and mentioned her in his will and directed that his executors should be authorized to settle with her as they saw fit and blamed Judge Cushman for not having carried out the arrangement with her – the will was kept sealed by witness till it was brought to Surrogate and opened by the Surrogate. Mr. Mott desired deponent to bring it to the Surrogate – it was opened by the Surrogate. Direct Examination resumed by counsel for Executor. After the will was executed testator told deponent that he and one Hoag had endorsed a note for Chauncy P. Ives with the understanding that Ives should give a judgement when ever they required it and testator desired deponent to call on Mr. Ives for a judgement – testator said he was apprehensive that Ives might not take up the note and he wanted security. testator said he had called on Ives to give the judgement but Ives not done it. Cross examined again. The note was for five thousand dollars. deponent is a law partner of Genl. Davis the counsel of the person who seeks to establish the will – Mr. Mott has consulted Genl. Davis in deponents presence – deponent did not draw any former will for Smith Germond – testator had always been an accurate business man – had done an extensive business in person – deponent should think he had drawn two thirds of the will when he went to dinner – deponent dined between 12 and 1 o’clock – deponent cannot tell how long it took to complete the residue of the will after dinner. perhaps a quarter, perhaps half an hour it was executed as soon as it was finished and read over – Dr. Trowbridge and Germond were absent on the ride from 15 minuets to half an hour – perhaps not so long – the week preceding the time of having the will when deponent saw him he was not impressed that testator was laboring under excitement of mind – deponent was there but a short time – deponent had never till after the drawing of the will heard conversation about testators aberration of mind – nor had deponent thought of such a thing – deponent did not preserve the memorandum made by deponent – both memorandums were destroyed and as deponent thinks at testators request – deponent came away pretty soon after will was finished – deponent does not know whether Mrs. Mott knew that deponent was there to draw the will – saw her at dinner table and perhaps once before – do not know Mrs. Bloom - do not know but the one whom deponent supposed to be Mrs. Mott was Mrs. Bloom – did not see the original memorandum before the return from the ride – nothing was said about deponents services in drawing the will – testator and deponent had accounts together growing out of deponents professional and Surrogates business with him – deponent saw Surrogate at the time Stephen Germonds will was proved and deponent drew it – deponent knows nothing more about testators family except the Motts than what testator told deponent about them – deponent knew Mrs. Delevan (sic) Sworn and Subscribed before me Jany 5th 1841 J. Pierson C.L. Tracy Surrogate of Rensselaer County In the Matter of Proving The Last will and Testament Of Smith Germond deceased Rensselaer County ss. John T. Trowbridge sworn deposes and says that testator signed the instrument presented to witness and declared it to be his last will and testament and requested deponent to witness it on the day it bears date – deponent had been attending testator as physician – deponent saw him first in fore part of July at Bridgewater at deponents office – testator said he had come into that part of the county to see his friends and had come from his friends residence to deponents to consult deponent – he remained with deponent from some time in the afternoon through the night – deponent next saw him at his house in Lansingburgh the last of July or first of August – deponent visited him as a physician then – deponent remained with him a littler over a week – deponent was then at his house and was with him more or less every day – most of the time day and night – deponent saw him next the last of August or first of September – this was the time the will was drawn – deponent had been there three or four days before the will was drawn – deponent was present when the will was drawn – deponent considered his mind to be good and sound at the time will was drawn – deponent was informed by testator that Mr. Pierson had been sent for to draw his will – on the morning of the day the will was made and soon after he had directed Mr. Mott to go after Pierson - testator asked deponent to go to the book case and get pen ink and paper because testator said he wished to set down some things and it would save time and trouble afterwards – testator then requested deponent to set down the number of acres in a farm called the Gardner farm – testator then 1 a certain value upon it per acre – the amount deponent does not recollect – he then directed deponent to carry out the sum total for the farm – he then told deponent to set down the farm on which his house was situated – told the number of acres – deponent cannot recollect the number – he fixed the price and deponent carried out amount. He then took the farm on the other side of the road, gave deponent the number of acres and price - deponent carried it out – he then took his Schaghticoke farm and told deponent how to spell Schaghticoke told the number of acres and price and deponent carried it out – deponent cannot tell the number of acres or price, but only recollects the general amount – testator said he took this course to ascertain the general value of the whole – testator put separate values to each farm per acre and requested deponent to ascertain the average value of the whole per acre. The average value was about Eighty Dollars – testator then directed deponent to carry out the value at Eighty dollars of the whole – deponent told the amount – does not recollect exact amount – forty eight thousand dollars and was something over six hundred acres of land – testator then directed deponent to set down the names of individuals , the names of individuals to whom he wished to give small legacies for certain purposes – some of the purposes he stated – deponent set down names – testator said he wished deponent to write down names and set against the names the sums he wished to give them – deponent did so – he then directed to set down the names of other persons to whom he wished to give legacies – deponent did so – he then mentioned that he gave his property in that way more to the Mott family than the Germond family because he had done more for the Germond family than the Mott family and he wished to make them________ - after all the legacies put down by deponent had been put down then testator requested deponent to sum up – deponent had put the Mott and Germond legacies and testator desired deponent to state the reason in the memorandum why he gave more to Motts then Germonds – he said he wished to find by this to ascertain the amount of the legacies in order to compare with the amount of property – after it was completed he wished deponent to read the whole of it over to him which deponent did and he said it would answer for the present – there was no interference on deponents part in the memorandum, no one else was in the room – testator told deponent to put it in deponents pocket or testator put it in his own pocket – deponent thinks that deponent put it in deponents pocket – the horse and carriage was at the door, testator said we will go and ride a little – Mr. Pierson came up while testator and deponent were about going out to ride – rode near a mile out – and then returned – went into the same room where deponent made the memorandum – deponent has heard Mr. Pierson’s relation as to what took place at the drawing of the will and concurs in it –deponent has been a practicing physician and surgeon for twenty eight years – about a year since deponent became acquainted with testator – became acquainted with Mrs. Bloom and the Mott family in 1813. The Mott family was the first of deponents acquaintances of any in Bridgewater, Oneida County – deponent signed the will as a witness in the presence of Mr. Pierson and Germond and at the request of Mr. Germond – Germond declared it to be his will – testator was not under any restraint to deponents knowledge at the time of the execution of the will – deponent had then no doubt of his competency to make a will and has none now. – deponent thinks he heard some conversation between testator and Mr. Pierson about the Ives matter – thinks he heard testator direct him to call and see Mr. Ives on his way home – testator said he was on Ives paper to some considerable amount and he wanted some kind of security. Cross Examination. Deponent resides in Bridgewater – has resided there for twenty seven years with the exception of part of 1818, the whole of 1819 and part of 1820. was during that excepted time in Illinois, Indiana and Kentucky and had no fixed place of residence was in most of the Western States. Bridgewater was between ninety and one hundred miles from Lansingburgh – deponent received a letter through the post office written by John M. Mott stating it was written by testator’s directions and requesting deponent to come and visit testator - while testator was at deponent’s house, deponent made a prescription for him – cannot recollect what – prescribed for a disease of the chest – deponent in speaking of a disease of the chest means any disease of the viscera? contained in the chest - testator said he might send for deponent – deponent told testator he had disease of the lungs and heart and very great nervous irritability of the system. testators sister Susan Mott came with testator to deponents office also Addison Mott, either him or one of the other brothers, two of the Mott brothers were there that day or the next – testator left deponents house about eight o’clock in the morning. Mrs. Mott did not stay at deponents or any one with testator – two days after letter was received deponent started for Lansingburgh in public conveyance – staid with testator from Sunday morning to the second Monday morning – and left him at Saratoga Springs – was at the Springs with him three or four days – deponent when at Lansingburgh called the disease of testator a general disease of the viscera and chest – cannot tell what first prescription was – in the course of the week directed the use of Spring Water, sarsaparilla Syrup, also external irritants over the chest - other remedies directed which deponent cannot recollect – deponent keeps such things very little in his mind – deponent has been called as far before to visit a patient once to see a lawyer by the name of Burke in Cattaraugus County who formerly lived in Cherry Valley - some four or five years ago – deponent never went so far as Cattaraugus at any other time to see a patient – went once two or three years ago to Wayne County to see a Mrs. Salisbury, a sister of deponent’s wife – Burke was not related to witness – testator mentioned the subject of his making a will to deponent during the first visit at Lansingburgh – he said “I have had thoughts of making a will for some time” he mentioned it was proper and right and every man ought to have a will who has property to dispose of – he said he formerly had a will which he kept by him – but on the death of his brother it was rendered useless and he burnt it up with an expectation of making another one – rendered necessary by the will of his brother, different from what his other will was. – deponent expressed a belief (as he usually does) that he had better get that matter off his mind by making his will. this was at Lansingburgh the first time deponent saw testator there. Mott spoke about this once or twice the first time deponent was at testators – did not try to get him to make a will at the Springs – testator at Lansingburgh in reply to deponents suggestion said it ought to be done and would be a good thing for him – no time was mentioned – when deponent left testator at Saratoga he told testator he had better get all these things off his mind, to arrange all his business matters and get them off his mind – deponent thinks he told testator he had better make his will at the time of parting with testator – does not recollect anything said about a will at Saratoga before the time of parting – perhaps I told him before he went to the Springs, he could make his will at the Springs – testator replied that Mr. Pierson had drawn his brothers will and it was necessary to have reference to that in drawing his, the testators will and Mr. Pierson must therefore draw it – deponent thinks he did not tell testator at the Springs he could as well have his will drawn at the Springs as anywhere – Col. Fake and his wife were at the Springs when deponent and testator were there – have no recollection of saying anything to Col. Fake about making the will at the Springs – deponent cannot say whether was anything said at the Springs between deponent and Mott and Fake about testators competency to make a will – has no recollection of any such conversation – the first day at the Springs testator was calm and comfortable he had a distressing uncomfortable night – had no sleep – the noise annoyed him and the next day his nervous system was highly excited – in the after part of the day became easier and slept some – as a general thing when along time without sleep his nerves were highly excited – his being without sleep was owing to the disease – sometimes without sleep twenty four hours – at other times he slept well – the second night he rested better – he said he rested well – deponent was not with him much – first night was at Saratoga – second night at Congress Hall – after the second night he was more calm and comfortable – on Saturday he was calm and rode out some eight miles – on Sabbath comfortable most if not all the time – generally restless most of the nights – more apt to be restless and uneasy at night then in the day – he was inclined to sleep nights and at all times, but a sense of suffocation would rouse him up when in a doze –while at the Springs the second day his mind was not clear on all subjects expressing a great corporal anxiety and this was generally the case with him after passing an uncomfortable night – deponent does not know that deponent has ever said that testator was crazy as a loon at the Springs – no recollection of telling Dr. Bryan so – has not seen Dr. Bryan since going to the Springs till yesterday – if so he has no recollection of it – during testators uncomfortable nights at the Springs deponent should not consider him insane – his mind arising from disease of body and great agitation of nervous system and want of rest was not perfectly clear – the want of rest was from disease of the body - his state of mind arose from want of rest sleep and quietude – whenever he had rested well he was calm – his nervous system was very much deranged - at times very much so – the agitation would subside frequently in the course of two or three hours and he would become calm and quiet as any person and especially after rest – deponent thinks insanity is not a disease of the nerves organically diseased – at all times – the brain as a portion of the nervous system will produce mania – the organic disease is where the organ is changed and functional disease is where the action of the organ is changed – sometime about the last of August or first of September deponent came to Lansingburgh a second time at the request of Mr. Germond as expressed in a letter written to deponent by John M. Mott – deponent cannot say how soon he started after the letter reached him – cannot tell the day of the week or month he arrived – had been in Lansingburgh from two to four days before the will was drawn – cannot tell the day of the week will was drawn – deponent thinks he staid with testator that time about nine or ten days – say no other evidence of insanity at the second visit except such as he has already expressed – testator was rather wild at times – has no recollection of his being very bad after will was executed – deponent means on the same day – generally not wild several times in the day – not generally more than one wild time during day – he rested well one or two nights cannot tell which nights – when he had calm and quiet nights he had calm and quiet days – in his time of great agitation he endeavored to get breath and wanted circulation of air and excited himself a great deal to get breath – when wore by want of sleep and he became in a dying state deponent has known him express curious ideas – some times he would see a cloth hanging on a chair and ask what it was and say it looked like a cat or dog – those times usually and as deponent believes always went off with rest – deponent has no recollection of anything else testator saw particularly – does not recollect of testators saying there were devils in the house – does not recollect at the second visit that testator made any attempt to strip himself of his clothes – did not state to the servant woman or to Mrs. Mott or Mrs. Bloom that testator was a crazy man and that he had never seen one more so – does not recollect of saying anything like it – deponent was paid one hundred dollars for the first visit by Mr. Germond – paid at the Springs, the first deponent received – received a hundred dollars and a little more perhaps a hundred and twenty dollars the second visit – it was paid by Mr. Mott – testator and Mott stood at the desk together when it was paid – this was all that was paid then – last time deponent was there John M. Mott paid a hundred dollars and said the remainder of the bill would be settled another time – has not been paid anything since – the remainder of deponents charge is seventy dollars – the first time deponent was there deponent told testator he must have one hundred dollars – deponent had paid out two dollars for testator which testator paid deponent besides – deponent received one hundred and twenty dollars the second time, one hundred the third time and there is seventy unpaid – has no assurance of any more – never told Clark Robbins that deponent was to have a cut – have never said to anyone else what he was to have – never said to any that he was promised or to have offered fifteen hundred dollars – nothing said about pay in Motts letter – the first time deponent was at testators Mott said that testator wanted to make his will or something to that effect and that he had better have it done or something to that effect – deponent does not recollect that Mott ever said any more than that testator had better make his will to quiet and relieve him – deponent cannot say that Mott ever requested deponents to influence to induce testator to make his will other than to settle his accounts and affairs generally to quiet his mind – Mott told witnesses that he, Mott wished testator might make a will and settle all his business affairs generally. Mott spoke about this once or twice the first time deponent was at testators - Mott did not speak about it at the springs – deponent thinks likely Mott spoke about a will the second visit of deponent – Mott did speak to deponent about testators making a will at the second visit – does not recollect whether Mrs. Mott spoke about a will at any time - Mrs. Mott was at testators at deponent’s second visit cannot say whether Mrs. Mott ever said anything to deponent about a will – deponent saw Germond Mott at the second or third visit – on reflection thinks it was on the first visit – Germond Mott said nothing about a will – can’t say that Germond Mott did or did not say anything about testators settling his business – Germond Mott was there but once – deponent thinks he saw by turns all the brothers Mott at testator’s house – cannot say that he saw Addison – cannot say that they did or did not speak of a will being made – deponent has not recollection to forward a belief whether they did or not – saw Germond Mott in Bridgewater the same day deponent saw testator there – Germond Mott then said nothing about a will – he then lived in New York – he had brothers and sisters living at or near Bridgewater – Mrs. Mott did not request deponent to come down to Lansingburgh – did not hear Mrs. Mott say any thing about a will at Bridgewater – Mrs. Mott’s sons live twenty miles from deponent at Hamilton – about four weeks between deponents second and third visit – made no charge in books – third visit found testator more diseased and having more dropsical symptoms – infiltration of water into the limbs and cavities of the body – a general increase of bad symptoms – his mind very much as before at times calm at times excited – at times there was aberration of mind at times deranged – it was general increase of the nervous excitement he had been before affected with – at times they went to the extent of derangement especially after the use of opiates which were then being tried upon him – the opiates were given to relieve the bad symptoms – deponent then saw testator endeavor to take off his clothes – deponent told him not to do it – testator did not do it – testator said you must take off these things they are killing of me. Testators legs were bandaged – does not recollect his endeavoring to take off his clothes more that once – testator at that time had times of denying his identity – testator imagined there was a sick man there but not himself – cannot tell what time this was – it was more than once as deponent thinks – thinks it was not in July – it occurred the last visit, might have occurred the second – cannot say distinctly whether it occurred at second – it occurred two or three times – testator said that deponent had cut his legs off and put black steers legs on – this was the day deponent left there, the third visit- testator on that day and the day previous much deranged – wanted to go about the streets and rave in an irregular manner – deponent does not know that he did so at the second visit – deponent does not recollect testators running out violently and Mott going after him – on one day testator went out back and Mott went out and found him where he expected to in the backhouse. both came in together – do not know what time of day it was – testator was not then in a raving state – deponent has heard testator say “these are not my legs, my legs are cut off” this was at last visit – thinks he heard nothing of this kind at second visit – have no recollection of testators saying there were devils in the house – does not know of being called up in the night but once – that was at last visit – testator was roused up in the night and was raving and wanted the family and neighbors called – the disease as a general thing increased upon him from the first time to the last time deponent saw him – he had temporary relief for days together – he was never in a great deal of pain – at Congress Hall he was in great agitation – the agitation was like a man who had great difficulty of breathing – he sometimes caught at a chair and held on it until his breath came – in the daytime testator had a streak of what he called spasms – deponent calls it nervous agitation – did not catch wildly at things when he did not seize anything – when he became calm, he breathed easily – there was no wildness of the eye, but an expression of anxiety - like any person suffering from suffocation – this occurred occasionally at his house – John M. Mott was with testator all the time at this house – testator was never easy except when Mott was with him – sometimes he sent Mott away on business – sometimes he was uneasy if Mott did not get back in season – do not know that he was particularly pleased when Mott was with him – when Mott returned after an absence testator said nothing about it – testator made little opposition at what was done in taking care of him – he generally took the most of his medicine from deponent – he would take medicine from Mrs. Mott at last visit when he refused it from others – deponent does not know at what time testator died – deponent has known John M. Mott since he was a boy – John M. came from Oneida County to Lansingburgh a year ago last spring and went to live nearby testator – has lived there ever since – deponent has heard that John M. was in embarrassed circumstances – some thought that he was worth some property – deponent knows nothing about Germond Mott’s circumstances – there was nothing said in the letter requesting deponent to come down about a will or settling business – letter stated that testator was a sick man – the letter which brought deponent down the second time contained nothing about testators business matters in anyway – deponent had written back to some letters he had received and gave prescriptions – deponent has no recollection of speaking to Col. Fake at the springs about making a will – deponent has spoke to Fake or some one else with regard to testators competency to do business – deponent thinks that deponent or testator laid the memorandum deponent made on the table at testators – deponent thinks that deponent did it – Mr. Pierson read the memorandum over to testator. some parts of it repeatedly – deponent does not recollect whether testator said it was right or not – testator said there was a memorandum which would show Mr. Pierson how he wanted his will made in some measure – some attention made from memorandum – five hundred dollars added to John M. Motts legacy – the other legacies remained as deponent put them on memorandum – deponent had put on memorandum the reason why more was given to the Motts than to Samuel Germond’s children – deponent thinks that James Germond’s legacy was altered and increased about one thousand dollars – does not recollect any other alteration in any other legacy – thinks there was alteration in one small legacy after the footing up the property. deponent set down the legacies mentioned in the will that were on the memorandum. John Blooms legacy was not on the memorandum – deponent impression is that the legacies fell a little short of the property – testator mentioned there would be more property than that but he wished to lease a sum in the hands of the executor to defray expenses which might be considerable – memorandum said nothing about residue of estate – nothing spoke of to deponents recollection at the time about residue – the memorandum was made the day the will was made – deponent never told Mr. Hatch of Utica that it was made before that day – deponent knew that Mott had gone after Mr. Pierson when deponent was making memorandum – did not usually talk about such matters as a will when riding with testator for the reason that he wished to avoid exciting him – testators agitation arose from his disease and not from business matter – Col. Fake was at testators almost every day a short or long time – he Col. Fake was there evenings sometimes – cannot recollect whether he was there the day will was made – cannot recollect that there was anything peculiar affected the mind of testator the day will was drawn – Mrs. Mott had been in testators house since she came down in August – deponent knows Mrs. Bloom, she had lived with testator some years – is a sister of testator and had superintendence of family – never understood how many years – she is a widow – she has a daughter – daughter is not living with her – cannot whether Mrs. Bloom knew of will being drawn that day – cannot say whether any of Samuel Germond’s children were there that day – they live some two or three miles off – deponent knew that Polly Hall was a niece of testators – saw her at testators the first time deponent was down – deponent does not know who was with testator the night after will was made – deponent was normally up late every night with him. half of some nights and sometimes the whole night – John M. Mott some of the time slept in a little bedroom adjoining the room of deceased – John M. Mott slept what he did sleep in the testators house – sometimes John was up all night – Direct Examination resumed. Never was any request on the part of any of the Motts that deponent should give any directions to testators mind in relation to the disposition of his property in any particular form – there never was any request made to deponent to use his influence to favor the Motts in the disposition of his property – deponent never influenced testator in relation to making out the memorandum – there was very little of nervous agitation exhibited by testator on the day the will was drawn. before or during the time it was drawn – very little while the memorandum was made – testator was quiet and calm – testator understood perfectly well what he was doing – deponent was in the room all the time the will was being drawn that testator was – Mr. Pierson finished dinner before deponent and testator and returned to the room before deponent and testator – when deponent went down the first time testator told deponent he had sent for him to get his advice as a physician – testator manifested no surprise at his second visit – at one of the visits deponent cannot tell whether it was the second or third time, thinks the second, testator said deponent had not come as soon as he expected – that he had looked for him the day before – testator went to the Springs upon the advice of his physicians Dr. Bryan and deponent – testator said Mrs. Bloom was provided for amply by his brother – testator said they had been security for John Bloom and John had preferred other creditors and had left them to pay the amount that had become security – deponents impression is that it was one thousand dollars or thereabouts – in relation to the daughter of Mrs. Bloom testator said he would never give anything to anyone who had more than one husband or more than one wife – nothing said about the number of husbands she had had – this observation of testator about Miss Bloom was made while deponent was drawing the memorandum – deponent does not know that testator said anything about Mrs. Hall or how many wives Hall had at time of drawing will – when Mrs. Hall was at testators, testator told deponent that he thought Hall had another wife living – at deponents first visit as deponent thinks something was said about the Ives note. Testator directed Mott to set down the amount for which he was bound for Ives and the time it was to run – it was a note he had endorsed for Ives – testator also told deponent to set down another note against some other person which testator held considering them as assets and liabilities. Testator also mentioned to set down his bank stock in Lansingburgh Bank and in Rensselaer Insurance Company – testator mentioned two hundred barrels of pork – he explained the manner in which his business was to be arranged – testator said there was two hundred and two barrels of pork to be disposed of for a specific purpose – the quality of meat was spoken of as extraordinary – he said it was better than other pork he had put up – he said there had been two hundred and three barrels and one hundred had been disposed of – he said it was in Ives slaughtering establishment – testator said something about a ten acre wood lot – deponent thinks sold to Ives respecting which testator gave directions – testator said something about a note he had signed with Ives to Rattoon(?) – testator said the note was Ives to pay – this was when testator was giving directions to Mott – testator had also mentioned this circumstance to Ives in deponents presence – testator mentioned that thing with others to Ives and that it was borrowed money of Rattoons(?) estate – was a joint note which belonged to Ives to pay as that testator had paid one half of the amount – at sometimes testators ideas perfectly distinct on all business matters – at sometimes he was incapable of transacting any business – at sometimes his ideas were perfectly clear & distinct – this was the last visit – Cross Examination resumed. There was no one visit which deponent made when testator was not at times perfectly clear and distinct – deponent has not had occasion to treat many insane persons – has seen a good many – if testators case is called insanity deponent has treated a great many said cases – deponent does not call testators case insanity. Subscribed and sworn John F. Trowbridge before me Jany 5th 1841 C. L. Tracy, Surrogate of Rensselaer County County of Rensselaer Surrogates Court In the matter of proving The last Will and Testament of Smith Germond deceased. Rensselaer County ss. John S. Fake sworn says, resides in Lansingburgh about one hundred and fifty yards from testators house – had lived a neighbor to him ten years the first day of May next – often did business with him – was on intimate terms with testator – very intimate – deponent always understood it so – always thought highly of him – deponents store is nearer testators than deponents dwellings. Testator was taken sick early in the season and when he became very sick deponent used to run in pretty often – generally called daily – some days passed when deponent did not see him – the first deponent discovered any loss of mind in testator was at Saratoga – testator wanted deponent and his wife to go to Saratoga – wife could not get ready – deponent went next day after testator, between the 20th July and 1st of August – may be wrong as to time – when deponent arrived at Springs, found testator at pavilion found him very wretched in body and sick and he complained more than before of the spasms in his chest – also complained of the noise of the house – on engaging of Dr. Trowbridge and Mott found house noisy and advised a change – to Congress Hall – the first deponent ascertained of testators insanity was at Congress Hall – deponent saw at Congress Hall on the part of testator, general anxiety and wildness of the eye. His eye appeared very wild – this continued most of the day. The second day at Congress Hall as deponent thinks – testator appeared troubled with spasms as deponent thought then – a constant gasping – drawing himself down – appeared to be relieved on having hold of some ones hands – greatly distressed – judging from his appearance and activities deponent thought he was flighty in his mind – this day was his worst day – it was the only day that the appearance was to that extent – or that deponent observed it at all – deponent thought so from his appearance not from anything he said – testator spoke of making a will at the Springs – Dr. Trowbridge also – testator said he had been advised to make arrangements of his property - to make a will – Dr. Trowbridge asked deponents opinion as to the value of testator’s property – deponent gave it to him. Dr. Trowbridge then said deponent was very sick - difficult to ascertain the result of it and if he had any arrangements to make about property it would be as well for him to do so – deponent told Dr. Trowbridge that he thought he was unfit to make a will – Dr. Trowbridge made no reply – deponent thought so then and thinks so now – deponent returned with testator to Waterford – in the same cars – from Waterford testator rode up with deponents wife – Mott and deponent went up some other way – do not know which drove – testator and deponent’s wife went up together - about the first of August returned from Springs – saw testator after through August – soon after return from Springs in a visit deponent made to testators house in afternoon – deponent found him very restless and uneasy and unhappy and very sick – as deponent entered the door – as deponent entered testator reached out his hand and requested deponent to sit down by him – deponent did so – testator kept talking but deponent discovered nothing out of the way but observed that testator kept his eye on the clock – just before the clock struck six in the afternoon testator started forward hastily and said to deponent “John, stop that clock” – deponent asked him why – testator answered “ the Doctor promised to be here at six o’clock and if it passes that hour he will never come” – deponent discovered the situation of his mind and made an effort to draw it off – testator repeated the words again with a little more resolution to have deponent stop that clock, saying if the hour passed six the Doctor would never come – his eye appeared wild – and his countenance anxious – nothing occurred more that deponent can name – deponent then thought the state of mind bad – thought it deranged – deponent afterwards saw nothing except general appearance – wildness of the eye and anxiety of mind – generally found testator uneasy and passing furiously from one chair to another and from his bed to a chair and from room to room – walking with great deal of earnestness – the appearance of his eye at these times was generally wild – deponent received his general appearance in August very different from before – these symptoms deponent thought increased - deponent made up his mind at that time - there was an increase of his disease of body and mind – deponent saw him on the 4th of September - not certain as to hour – impression is that it was between ½ past 12 and 3 o’clock- if deponent was compelled to fix the time it would be between one and two o’clock – deponent knows it was the 4th of September from the fact that deponent lost a nephew on the 5th – on the 4th when deponent passed into his house deponent went to dining room – saw testator passing to kitchen out of room with two chairs in his hands – he’d put them down on the kitchen floor pretty severely - and made some expression deponent did not understand – testator left those chairs in the kitchen and took two others from the kitchen and brought them into the room near where deponent was standing - testator put those chairs down pretty furiously with good deal of force followed by an expression saying the devil was in the house – deponent said deponent thought not – this was the first testator saw deponent as deponent thinks – testator says “John is that you I am glad to see you” and took deponent by the hand – testator then said he was ruined. he had had a hundred pair of stockings and that all had been taken away from him except those he had on – testator stooped down and took hold of one stocking he had on and desired deponent to help him hold them on saying that if they took these off he was without stockings – deponent took hold of the stockings to pacify him – deponent then by persuasion got him down in the chair and remained some little time with him and left him – his eyes and countenance during this time were wild and anxious – not usual to see such in a man of health – no one was in room with testator and deponent – some women in kitchen one followed him to the door Mrs. Mott or Mrs. Bloom or hired girl as deponent thinks – deponent saw testator that same afternoon or evening again - testator then said that the world had broke down with him – his appearance then was much as when deponent saw him earlier in the day – deponent remained with him about half an hour – cannot say how many times deponent saw him from that time to his death – aimed to see every day sometimes saw him every day, sometimes saw him several times a day occasionally a day when deponent did not see him – from the 4th of September onward deponent sometimes saw him a little more quiet in body then other times – testators general appearance from 4th of September was rather wild uneasy and was wretched distressed and was wild -testator in deponents opinion was not in his right mind - deponent saw testator on the 8th of September in company of Mr. Joseph Bachus at testators house in his room next to his kitchen – when deponent and Bachus entered they took seats – testator turned to deponent and says “John I am ruined” “ I had a hundred pair of stockings, they have got them all away from me but this pair, the pair I have got on - John help me hold them – if they get these away from me I will have to do without stockings” – deponent did not rise from his chair – testator said to Bachus “ ____ help me” – deponent thinks that Bachus took hold of testator to satisfy him – deponent is not certain – testators eyes were wild and his general appearance very anxious - in deponents judgement testator was then deranged – one day after the 5th of September as deponent thinks, cannot be certain as to the month. September or October as nearly as deponent recollects testator came to deponents store with Mott. testator was talking before he got to the door – when testator got to the door he said to deponent “John, I command you in the name of the People to take care of John M. Mott”, testator then turned to Warren and said “take care of this fellow” – deponent in order to satisfy him took hold of Mott – testator sat down upon a chair and said “John you have heard of the murder of White at Salem. he was murdered by his nephews for his money “and this is a worse case then that. here they have got my money and are now determined to take my life” – deponent replied to testator that deponent thought not – that Mott had given him good attention and been kind to him – deponent finally persuaded him to go home – he went home and Mr. Mott also – deponent went with testator – when they got to testators deponent and testator went first into the room usually occupied by testator – testator and deponent then went into another room at testators request – which is called the front parlor – testator took from his pocket a roll of bills and told deponent to put it in his pocket – deponent told him that he had better keep them – testator earnestly said that deponent must put it in his pocket – deponent said he would count it first – testator said deponent must put it in his pocket without counting for they would be in there and that there were nine hundred dollars of it – deponent asked testator what deponent should do with it – testator said he was going to die and wanted deponent to keep it and to give it to ____when he was dead – deponent and testator then stept to the door – deponent got his eye on Mott and directed Mott to follow him deponent – Mott was standing in hall – and Dr. Trowbridge and part of the women as deponent thinks – Mott followed deponent - Mott and deponent went into the front yard – deponent told Mott what testator had done – Mott said testator thought there was nine hundred dollars, but he, Mott had taken out fifty dollars by testators directions to pay for sheep or sheep pasture and Mott handed the fifty dollars to deponent – Mott and deponent then went to deponents store at deponents request, counted and found it nine hundred dollars with the fifty Mott handed to deponent – deponent put it in drawer at the store – deponent returned the money several days after to testator – deponents impression is two or three days – testator the day the money was returned showed another bunch of money which he said contained three hundred dollars – this was in testators hall – testator said that he had intended to put the three hundred dollars in a desk with the nine hundred dollars, but that they had found out that he had given the nine hundred dollars to deponent and that he wanted deponent to come in the evening and take the whole of the twelve hundred dollars out of the desk and then they would not say he had given it to deponent – deponent has heard testator in the fall of 1836 or 1837 say that he calculated to make a proper provision for Mrs. Blooms support during life – this was after his brothers death – cannot say whether he said good or proper – thinks it was proper – deponent thinks that he has heard testator speak of this subject at other times at other times, cannot say at what times – the subject of his conversation at such times was generally his property and his brothers will – deponent and testator were named as executors in Stephens will, but deponent did not serve – deponent has seen testator endeavor to get off his clothes – the only time knows as to date was when deponent and Bachus were there – testator tried to take off his pantaloons – deponent and the others tried to prevent it – testator had on a loose gown - testator sat down on his bed then rose and went into another room with his pantaloons off – he assigned reasons that deponent cannot recollect – deponent has seen him do so at other times but whether before or after deponent cannot say. John M. Mott was with generally during his last sickness except the latter part of it – John went to New York in the latter part of the sickness – until John went to New York to sell some stock for testator, some sheep - after the making of the will he was generally with testator – deponent rented a store of testator’s since 1832 or 1833 – was on intimate terms with both testator and his brother Stephen while they were in business together. Cross Examination. Deponent does not know that he has taken any interest in the defense – deponent has not advised any of the parties to resist the will – Mr. Doolittle was the first man who spoke to deponent about resisting the will some four or five weeks ago at deponent’s store – deponent never made it an object to declare that testator was incompetent to make a will – has talked about it to Mr. Mott. Mr. He______ Mr. Storm and Mr. Wools – cannot recollect talking about it the day of the funeral – deponent has talked with Dr. Crocker (?) and Dr. Bryan, may have talked with a great many others can’t recollect – cannot say by whom conversation was commenced – whether by deponent or other persons – cannot recollect that he has had conversation with the Surrogate in relation to the will at his office a month or two ago – cannot tell who began it – cannot say what deponent said to Surrogate - gave him a general outline in relation to testators state of mind – deponent cannot say that the Surrogate commenced conversation with deponent, cannot say that Surrogate ever inquired about it of deponent – Dr. Huddleston and deponent came into office of Surrogate to examine the two wills. Smiths and Stephens - thinks it was only Smiths – deponent talked with Huddleston about Germond’s state of mind – deponent thinks it was in presence of Surrogate – may be mistaken – may be one month, may be two months ago – between one and two months ago – does not recollect whether it was before or after the application for special letter of administration – deponent said to James Germond if had any fears of the squandering of property he had better propose to Mott to consent that an inventory be taken – deponent thinks that he knew on that day that the application for special letters had been applied for – deponent heard that application was dismissed – deponent thinks conversation with Huddleston was on the day that Leavens made an affidavit – Leavens made the affidavit in presence of deponent – did not come down that day with either Leavens or James Germond – they told deponent that they were coming to make that application – no recollection of advising them to make that or any application – cannot say whether deponent had conversation with the Surrogate at the funeral of testator respecting the will – the subject of the will was mentioned, but do not recollect it – the Surrogate was in deponents with others – has no recollection of having conversation with any persons besides those mentioned – no recollection of having conversation with the Surrogate before testators about his competency to make a will – had conversation with Mr. Bachus last night in relation to the occurrence on the 8th, September – cannot say why he held the conversation with Bachus except that it cam in the ordinary course of conversation about this business – has no doubt but a majority of the witnesses and deponent have had conversation about this business – deponent was at testators on the 4th of September – had heard Mr. Jones say that Mr. Pierson had passed his house and as he thought to go and draw testators will – deponent was on the way from Waterford home – this was about eleven o’clock – went immediately home – when deponent started from his house to go back from dinner to store he called at testators – deponent does not recollect opening the door of the room in which Mr. Pierson and Dr. Trowbridge were that day – has not the most distant recollection of it – did not see Mr. Pierson there that day that deponent knows of – deponent thinks that Mrs. Bloom or Mrs. Mott or the hired girl were in the kitchen. cannot say which because deponents attention was called to testators appearance – saw some women in the kitchen – the time was between one and three o’clock – probably- testator cam back into the room and placed the chairs as said before – did not communicate to any member of the family the appearance of testator – left the house without doing so – does not recollect seeing Dr. Trowbridge that day – saw John M. Mott on the evening of the day at testators – cannot say who else may have seen Dr. Trowbridge there – saw Mott on front stoop of testators house – thinks he saw the females of the family that evening – cannot designate which – should think it not far from early candle light – perhaps a little earlier – went over to see testator as usual only to see how he was – deponent is impressed with the belief that James Germond was there with testator – do not recollect of any body else being with testator – deponent went to Waterford that next morning. Before going to Waterford asked Dr. Trowbridge to go down and see deponents nephews who lay sick – had spoken to Dr. Trowbridge the night before – deponent asked testator to go along – testator said he would – deponent returned from Waterford that day before twelve o’clock – thinks he went to Waterford again that afternoon – no recollection of being at testators the next day – next day after went to Waterford – went also to testators that day – saw there Dr. Trowbridge, Mr. Mott and testator – does not recollect whether he had any conversation with testator that day – deponent cannot recollect any conversation of testator except what he has detailed as taken place on the 4th and 8th September – did talk with testator almost daily – cannot tell who was by at the conversation which took place about the clock – deponent presumes there was someone of the family present but cannot recollect who – deponent presumes so because testator was seldom left alone – does not know that he communicated the talk about the clock to anyone of the family – deponent does not recollect inviting testator to go to the sea shore the day before he started for the Springs – does not recollect that deponent contemplated going to the sea shore at that time – deponent during the summer thought of going off east but does not recollect asking testator – deponent was at testators, Dr. Trowbridge said he thought testator had better go to the Springs – Dr. Trowbridge first asked deponent to go as deponent thinks and then testator asked – as deponent understands it deponent went into the hall, Dr. Trowbridge asked if deponent and his wife would go. testator did the same – deponent said he would go and see his wife and on seeing her learned that she could not go the next day of which deponent informed Dr. Trowbridge – deponent thinks he has talked with Ives in relation to testators state of mind – deponent believes he told Ives that he thought testator insane – this was previous to his death – deponent knew this because Ives said he had been there a day or two or before – does not know that he ever talked with Mr. Ives at any other time about it – has talked with Mrs. Germond about it and told her that he thought he was unfit to make a will after the first of August – did not go with him to Judge Ba……. nor advised her to go there. – has not had a consultation with Mrs. Germond and Dr. Huddleston about breaking the will – just the conversation with Mrs. Germond above given – never have requested the watcher with testator to see that no influence was exercised by the Motts over testator as to the disposition of his property to them – deponent does not recollect that Dr. Brinsmade or Wright were at testators on the afternoon or evening of the day will was made – testator delivered the nine hundred dollars to deponent in the house – never told Dr. Trowbridge it was in the street – did not tell anyone that it was delivered in the street – does not know that deponent while in the street said to Dr. Trowbridge “testator handed me this money here” if deponent said so he meant only that he handed the roll to deponent but did not intend to say in the street. Direct Examination resumed. Deponent saw testator in his agony work down his pantaloons at the Springs – after the will was drawn - deponent can fix place not time in front of deponents store between testators house and store the same day testator gave deponent the nine hundred dollars – deponent handed testator a receipt for the money – testator then said he had made a will, that Mr. Pierson had it and wanted deponent to go and get it and ask Mr. Pierson to come up with it – that he shouldn’t live and he wanted to burn it before he died – testator said he did not know what was in the will - he said he would give deponent ten dollars if deponent would go and if it was not enough he would give deponent more – deponent rather held out to testator the he would go to satisfy his mind – but deponent did not go – Cross Examination resumed. Deponent had communicated this last conversation to Mr. Doolittle before today, the time the conversation took place deponent does not recollect and did not fix any time in his previous testimony – should think it was last of September or first of October – deponent recollects saying in testimony before it was about that time, about twenty days before his death – it was after Dr. Trowbridge was there on third visit – does not know how long the Dr. had been there then – deponent mentioned testators conversation about getting the will to Mr. Warren on the same day – don’t know of mentioning it to any one else except the counsel engaged – Mrs. Trowbridge was with the Doctor when he went to the Springs – if deponent knows Levi (or Lewis?) S. Chatfield it was the gentleman who was with the party at the Springs – understood he was a member of the Legislature from Dr. Trowbridge – does not recollect his name – Mr. Bachus married a niece of deponent – deponent did not send for Mr. Bachus – Bachus came to deponents house and deponent asked him to come down here – deponent invited him down because he was a friend – did not invite him with a view of giving the other party the benefit of his testimony – deponent told Germond that if had more confidence in Trowbridge than any other physician he ought to send for him. Subscribed and sworn before me Jany 6th 1841 John S. Fake C. L. Tracy, Surrogate of Rensselaer County County of Rensselaer Surrogates Court In the matter of proving The last Will and Testament of Smith Germond deceased Rensselaer County ss. Richard L. Bryan called by counsel for opponents to proof of will being duly sworn deposes and says. Deponent a physician, a practicing physician of Troy – been in profession 24 or 25 years – knew testator in his life time – became acquainted with him six or seven years since – have prescribed for testator several times - during his last sickness was called to see him on the 30th May – first visited him as a physician some years since – continued the visits during his last sickness from 30th May to the 22nd June – not daily – he called at deponents office several times during the time – thinks he visited testators house every other day – on the 22nd June deponent and testator started on a journey together – left on Monday and returned on Saturday the same week on the 27th June – deponent did not again see testator till testators return from the west – testator called at deponents office on his return – deponent then visited testator at his house on request on the 21st July – continued to visit him until the 29th July – daily - except one or two days – met Dr. Trowbridge at testators on the 26th July – deponent saw testator again the ? August – he had in the mean time been at the Springs and returned - deponent then continued his visits up to 16th of August - deponent thinks daily, perhaps ___one day – did not see him after that during that month – nor until about a week previous to his death – deponent thought testator’s disease an effusion of the chest and a diseased lung or lungs – deponent was counsel with Dr. Trowbridge – Dr. Trowbridge seemed to be of the impression there was not much the matter with testator except nervous excitement – deponent discovered that testator was laboring under a diseased state of mind – first at Norwalk – at the first visit deponent made testator Lansingburgh deponent discovered that he appeared very anxious about himself and much excited – deponent and testator were together 4 or 5 or 5 or 6 days at Norwalk – in the evening he would have the suffocating spells – these paroxysms of anxiety and times of suffocation. would jump and say “there I have it now” – more nights than days and every night – he would say “I shall die, I cannot live at all” and would get up and walk the floor – he would say “he could not go to bed, he would die if he laid down” – did not appear to be in bodily pain – testator said he was not - but had those spells in which he said he would suffocate – deponent would tell him that he had better lie down and when deponent got him to bed he would fall asleep pretty soon – cannot say there was any other peculiarity in his conduct at Norwalk – perhaps 3 or 4 times a day a little excitement would bring on these spells – they would be brought on without lying down – they were light and would go off in a few minutes – he would frequently say his head was very much confused and on asking him questions he would say my memory is almost gone “my mind is all gone but I suppose it will strengthen with the strength of my body” deponent discovered a habit of repeating the same story about the same matter – he repeated them to deponent as new as if deponent had no heard them before from him – deponent does not recollect of any other peculiarities while on a journey to Connecticut – deponent believes testator called at deponents office the day he went west – did not see him except that from 27th June to 21st July – after 21st July he was pretty sick a few days – seemed to have a severe attack of acute inflammation about the liver_______and____ the disease was an effusion of the chest and brain which was immediate cause of his death – a good deal of organic affection of the heart and lungs and disease of the liver - enlarged state of heart - some enlargement of liver - the left lobe of the lung was hepatized - which means it was hard and___to air - the lower part might have had a little circulation brought on by inflammation - deponent got the history of his symptoms from the nurse during the absence of deponent. counsel for executors objects to deponents telling what the nurse told him about symptoms received - subject to objection - testator has frequently made the remark to deponent in answer to questions by deponent about symptoms. Testator would reply “ I can’t remember, ask Mr. Mott - the same took place on inquiries respecting the medicines taken - the times seemed to increase with the violence of his disease which was pretty rapid - the severity increased - deponent learned from Mott his attendant frequently that testator had had a very bad night - sometimes comfortable night - what Mott would term a comfortable night would be sleeping 3 or 4 hours - on the 10th August or the 9th deponent staid overnight with testator - that night he appeared like a man laboring under the delirium_______appeared like an idiot - would not call his attention to any one object - kept up a continual muttering when awake - he would get hold of deponent and pull at his arm and make an indistinct noise - deponent learned from Mott that he was so at other nights and frequently very wild - did not see testator any nights after the ninth or 10th of August - after that time saw him in the day - visited with Dr. Brinsmade - deponent found his state of mind about the same after the ninth - deponent had very little talk with him - Dr. Brinsmade did most of the talking with him - testator was considerably excited by a blister. Deponents opinion was asked by Mr. Mott at this time whether testator was capable of doing business – deponent replied that he was not in a condition to do business – Mott asked deponent about his capability of making a will – deponent replied that he was not in a condition of mind to make his will at that time – that is deponents judgment now – testator continued in that state of mind up to the 16th August – this state of mind increased as his disease progressed – deponents opinion is that there could be no abatement of the disease from that time – there could be no abatement of the disease of the chest. The only relief would be from absorption of water which would be temporary – after testator’s brain was opened there was a good deal of water covering the brain – deponent perceived a thickening of the membrane and an engorgement and congestion of the inner membrane of the brain – it looked as though it had been inflamed – deponent did not pay particular attention to the brain, there were others there that were more particular in their examination of the brain – deponent noticed the other organs of the chest – the heart was very much enlarged - deponent is speaking of the surgical operation – the left lobe of the lung was hepatized, it was very much hardened so as not perform its office – some three or four years ago deponent was called to see testator who then had a similar attack – deponent thinks that the affection of the lung had been going on some time – second visit deponent paid , deponent formed the idea of the affection of the lung – the heart had been affected some time – the disease of the heart increased pretty rapidly during latter part of time – heart probably affected as long as four years – water found in the cavity of the chest which was probably the immediate cause of his death – it is generally admitted that the deposit of the water is occasioned by the inflammation of the membrane of the brain and brain – the deposit of water on the brain must have the effect of impairing the mind – there was effusion of water in the brain in testators case enough to kill him – inflamation of the membranes of the brain to any extent usually impairs the understanding – so laid down in the books and it does – deponent saw testator some four or five days before his death and then he seemed like a demented man, was pretty feeble in body and mind – was bolstered up in bed but was unable to lie down - deponent did not then see any other symptoms than that deponent should expect from the ordinary run of the disease – Counsel for opponents asks of deponent whether from the facts of testators case known to deponent and what deponent knows of the disease as a physician “whether deponent thinks testator was competent between the 16th August and his death to make a will” – objected to and admitted - deponent answers no – testator on the passage to Norwalk talking about arranging his affairs said he should provide for Mrs. Bloom abundantly – not spoken of more than once – testator said she had been with him a great while and was getting old and he wanted her to be independent – deponent knows of Mrs. Bloom having lived with testator over six or seven years – deponent had conversation with Dr. Trowbridge the last time deponent was at testators on the 29th July- deponent said to Dr. Trowbridge that he, deponent did not think testator competent to make a will at that time – Dr. Trowbridge observed that he might be in a few days – testator was very sick that day. Cross Examination – deponent does not recollect in the month of August speaking to Miss Heartt and asking her whether Mr. Pierson had gone up to draw testator’s will – do not recollect saying to her that deponent wished that the will might be drawn so as not to give any thing to the Motts – does not recollect saying this to anyone in the presence of Miss Heartt – does not recollect saying any thing to Miss Heartt about their being others in family more deserving than the Motts went in steamboat to Norwalk – deponent left testator on board boat in the morning – testator slept in a berth adjoining deponent once or twice in night both got up – when deponent got up he could not find testator – this was at New York – deponent went to the Norwalk boat and before boat started testator came – deponent did not see testator after deponent left the boat at New York until testator came to the Norwalk boat – when deponent left the boat at New York deponent could not find testator – deponent supposed he had gone back to Lansingburgh – both went to deponents sister’s at Norwalk – testator and deponent walked about and sawed some boards for silk worm establishment – this was in support to feed silk worms upon – deponent has stated every fact when he went to Norwalk on which his opinion is founded – all he recollects. Direct Examination resumed. So far as deponent’s observation extended the disease of mind incurred with the disease of body – this would be the ordinary effect of a disease of the brain – Subscribed and sworn before me Jany 6th 1841 R. L. Bryan C. L. Tracy, Surrogate of Rensselaer County