COURT: Smith Germond (part 3 of 3); 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 Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Stephen Barker called by executor counsel and sworn says – deponent lives in White Creek – 23 or 24 miles from testators – has known him twenty years probably – deponent sold him a lot of pork last February or March which deponent put up a year ago this fall – purchased a lot for him in March – late in June or 1st of July he settled with him for the balance of the pork he bought for him - deponent saw him deponents impression is about the first September either the very last of August or the first of September – deponent is a wool buyer sometimes – was there a half or three quarters of an hour – talked about his health in first place – cannot tell what he said about health – talked about the wool market and some about politics – there was talk between deponent and testator about bets and betting – the principal talk about that was deponent told him how a gentleman in Hoosick had offered to bet and testator said it would be a safe bet to take and if he was well his first would be to go and take that bet – deponent then thought testator was as rational as he ever saw him – after it was in September – deponent was there with a gentleman from Boston sometime in August about middle of August – introduced him to testator and told their business – testator sent up Mr. Mott with them to see the wool – talked about buying it but made no trade – had some talk with him about buying it, not much said about buying it – deponent called on his return from Troy – testator had conversation with deponent about testators wool – asked deponent about the lots he had bought and the prices – testator said he could not raise his wool at that price and thought he could not sell - at all the interviews deponent had with him deponent thought he was rational as he ever was – Cross Examination – deponent had thoughts at this time whether he was rational or not because deponent had been told at the tavern that he was crazy all night and was failing – was in there about an hour – when the gentleman from Boston was with deponent was not there more than fifteen minutes – cannot say that deponent thought anything about his mind when with the Boston gentleman – deponent knows he thought of it the time the bets were talked of because deponent had that day been told he was crazy – deponent was so well acquainted with testator that if he had been insane deponent believes he would have noticed it – deponent does not know whether he is a judge of insanity or not- Sworn and subscribed Stephen Barker before me Jany 20th 1841 C.L. Tracy Surrogate of Renss County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Isaac Bull called by counsel for exe. Sworn says deponent resides in Pittstown about seven miles from testator – has known him about 15 years – has a public house – saw testator at deponents last fall thinks about 13th Sept. – he came in deponents house – had conversation with him in relation to his sickness – asked him what his disease was – he said he could not tell – it was a complication of diseases – shortness of breath was one and general debility – he was there about an hour – he inquired of deponent whether ___Reed was home said he had some business with him and wanted to see him – deponent told him Reed was in Albany – he then spoke to Mr. Ketchum and said he would rest a short time and o home – deponent asked him if he would have refreshments and he said if deponent had some good gin he would take some gin an sugar – believes he talked on politics some, cannot recollect what it was – deponent did not see but what he was as rational as he ever was and conversed rational – met him once in a carriage in upper end of Troy previous to his being at deponents house – it was latter part of August or first of September – merely asked him how he was – went to his wagon – he said sometimes he thought he was better and then again he felt worse- Cross Examination – deponent did not think at either of these times whether he was deranged or not and took no notice – does not pretend to be a judge of insanity only ______- he was at deponent house an hour – deponent has never said that he was crazy and it was difficult managing him at deponents house – Direct resumed – if testator had been insane deponent thinks he would have noticed it. Sworn and Subscribed before me Jany 20th 1841 Isaac Bull C.L. Tracy Surrogate of Renss. County Rensselaer County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Aaron Perry called by Counsel for Executors sworn says – resides in Lansingburgh – little over half a mile from testators – has known him over thirty years – saw him during August and September – sometimes every day sometimes once a week – at one time 10 or 12 days deponent did not see him after it was said he returned from the Springs – deponent saw him as often as every other day probably for ten days – sometimes conversed with him sometimes not – does not think that during the said first ten days that there was any other conversation than about the dryness of the season and his disease – deponent did not see anything at these conversations which was irregular in the state of him mind – about the 10th of September deponent left for the west – deponent had more than one conversation with him – deponent had more than one conversation with him – deponent saw nothing irregular in the state of his mind – deponent had been out after cattle and testator talked about the quantity of cattle in the country – about killing cattle – talked about its being to warm to kill – cattle had then begun to come in they commenced coming in about the 26th – he also talked about his sickness and his physicians – deponent knows about Mott going to New York with sheep – about first October deponent went away again – deponent came home once a week and believes he always called in to see him when he was home until the last 15 or 12 days of his life – the conversation was pretty much as deponent has stated – the fore part of October testator conversed about as usual – the only time deponent ever saw him exhibit any irregularity in the appearance of his mind was about ten or eleven days before he died – this was the first deponent discovered it – testator once and before the time deponent saw him exhibit irregularity inquired of deponent whether deponent had heard any rumor afloat out of doors that he was incompetent to make a will – deponent told him he had not – the best of deponents recollection is that testator said he was competent because he knew where his property was and all about it – had conversation with testator as deponent supposes the second time Dr. Trowbridge was there – testator was at that time in the north room – cannot say how long it was before he died – deponents impression is that it was along in October – when deponent first went there Dr. Trowbridge was not in – in a few minutes he came in – in fore part of August deponent was passing testators and testator beckoned to him to ride that way and deponent did – he asked deponent if he was coming to Troy – deponent said he was – he asked deponent the favor to call at Lansingburgh and see the assessor – he said he had understood from Mr. Mott that they had put him on twenty five hundred dollars of personal property and wished deponent to state to them that he desired them to take it off and if they did not that he would come down and swear it off for he was not that good – when Dr. Trowbridge entered the room as above mentioned testator asked deponent whether he did that errand he desired him to – to the assessors – deponent said he did – testator asked whether they had concluded to take it off – deponent replied that one of the assessors said he would use his influence to get it off – deponent told him the name of the assessor – James _______ - testator talked about the inequality of the assessment on the different inhabitants – he named the inhabitants to which he_____ the inequality – he named John Fake as one – he said that he paid so much tax and Mr. Fake so much and that Fake had state to him that he was worth so much money if not more – he explained that Fake was not taxed equally with him – testator at that time spoke favorable of Dr. Trowbridge’s practices on him – deponent stated to the assessor what testator told deponent – there was a general talk about the legal principals of taxation in which testator joined – Fake came in during conversation – conversation about taxation continued after Fake came in – testator talked about the inequality in Fakes presence and about the inequality of Fake’s tax – Fake talked about it and passed it off – in that conversation deponent discovered no defect in the state of his mind – cannot say that he ever saw any defect in the state of his mind except the last time deponent saw him – Cross Examination. deponent had heard much about testators derangement of mind particularly nights and therefore can say that he thought about his state of mind every time he saw him – cannot say that he thought particularly about the state of his mind while talking with him in October about taxation – cannot say that he had it particularly uppermost at any time – should judge deponent was then an hour and half at the conversation about taxation – is not much acquainted with insanity and don’t pretend to be a judge of it- Sworn and Subscribed before me Jany 20th 1841 Aaron Perry C. L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Palmer Ketchum called on part of Executor, sworn deposes and says – deponent resided in Pittstown last summer about 3 miles from testator – has known testator twenty years – had business transactions with him last summer – after first April deponent had a bond against his deceased brother Stephen of whom testator was executor – about the 6th of September had conversation with testator about the money – deponent then called at testators and found him in a carriage with another man who deponent has heard was Dr. Trowbridge – deponent spoke to Mr. Mott about deponents errand there as testator was getting onto the carriage – as the carriage past out testator spoke to deponent and said “Ketchum you want to see me don’t you” deponent replied that he thought he would stop and see him a few minutes – testator replied “ I am going to take a ride and you must wait till I come back” deponent said he would see Mr. Mott a few moments and would call again on deponents return from Troy – called on return from Troy – saw testator – testator spoke to deponent when he first came in the room, asked deponent how he _____ - was there some few minutes – testator went into the hall, sat down and deponent sat down by him – testator then asked deponent whether he was going to want the money that he supposed deponent had called for – deponent replied he thought he would want it in a few days – testator said he did not feel as well as he did the day before and could not talk a great deal that night – he said further that he was intending to send Mr. Mott to New York with some sheep and that he had some money that was due or belonged to him from some pork deal – testator further said deponent should have his money as soon as he wanted it – deponent mentioned a week or ten days – deponent staid there and sat up all that night – deponent took breakfast with testator the next morning and afterwards shaved him – had conversation with him – saw testator get some papers which he said belonged to Slocum Estate and some money – testator then sat down by the table, looked them over, counted the money – Mr. Mott was present at the time he sat at the table – by testators account he had some notes and ascertained the amount and as he held the notes in his hands told Mr. Mott to set down the amount – he also counted the money and told Mott to set that down stating the amount – testator said he wanted to come down to Troy and see the Surrogate, that there were some demands there that he wanted to pay – testator left home for the purpose of going to the Surrogate, Mr. Mott with him – deponent thinks this was the 9th day of September – testator asked deponent whether he would come there and stay while Mr. Mott was gone to New York – deponent replied he must go home first and would be back the next morning – deponent went away soon after testator started for Troy and returned on evening of same day – Dr. Trowbridge left testator the day deponent first came there – deponent never saw Dr. Trowbridge in the house – Mr. Mott went to New York the second or third day after deponent went there to stay – Mott drove off sheep – some sheep were got up for Mott to drive to New York – testator went out in his carriage to the yard and gave the directions about marking the sheep for the New York market – he told Mott to alter some marks which he said would not do for New York market – he directed twenty in a lot to be marked alike – each lot to have different marks – he gave Mott direction where to ______ the sheep while he got ready to start – he told Mott where to go when he got to New York and about making a bargain with the tow boat company about agreeing with them on the price per head – also to go to some place in Troy and make bargain for hay – before he left he told him how much hay to take along – Mott was gone from four to five and a half days – Mott took eighty sheep to New York or fifty old ones and eighty lambs – thinks one hundred and thirty in all – testator was in two or three rooms on south side of hall – when deponent left after Mott returned he was still in south side of hall and when deponent came back again he had been removed to the north side of hall – deponent left the first time on the 15th September and came back in about 10 days and then found testator in north room – when deponent came second time Mott had started the second time for New York – when he went to New York the first time testator furnished him with money to bear expenses – deponent was there on the morning of the 15th when Mott rendered his account of sales of sheep – testator paid deponent some money – testator appeared to be satisfied with the sale of the sheep and said Mott had done as well as he had expected – on that morning testator had the money in his hand and asked deponent if he had the note with him ( he had taken up the bond and given a note) and said that he thought he had money enough to pay deponent then – some of the money was on table, not all of it – the note was four hundred dollars – testator took the note from deponent and asked Mr. Mott to cast the interest upon it – Mott did so and so did deponent – the whole amount was four hundred ten dollars fifty cents – all sat at table together and counted the money – testator, Mott and deponent all counted it – testator counted the money which was on the table and then got up and went to his desk and got some silver money and said “Ketchum you are getting all my silver money from me” testator counted the silver – deponent made the money one or two dollars different from testators count –Mott also counted it different from testators count – testator said they might count it again and the would find neither more or less than his count – deponent counted it again and found it just as testator had counted it and that deponent was wrong and testator right – deponent had made it less than testator did – testator took up the note at that time – deponent recollects that the first night he watched there testator got up and wanted his clothes taken off – deponent never watched there when Dr. Trowbridge was there – Eliza Jane Lohnes is mistaken in saying that deponent was there when Dr. Trowbridge was – Dr. Trowbridge left the day before the night in which deponent watched first – during the time deponent was there deponent thought his mind was sound so far as deponent saw – in relation to business transactions deponent discovered no evidence of what deponent should call insanity – he appeared to be distressed from agitation of his nerves at that time and since that – this was in a measure by spells – deponent did not generally sit up nights with him – when deponent was there deponent told him he could not sit up nights- Cross Examination. The eighth September is the earliest period spoken of in deponents examination – had not seen him before to speak to him since last of April when he took up bond and gave a note – had seen him on road and had not spoken with him – on the eighth September went to testators in the morning first part of day – did not go in the morning – saw testator - had no communication with testator except as he spoke to deponent as carriage stopped at gate – deponent went in afternoon to testators on his return from Troy – staid all night – Mr. Mott was up part of the night – fore part of night cannot say to what hour. Thinks Mr. Leavens remained up all night with deponent after Mott went to bed – testator tried very much to sleep – slept very little – slept some, an hour in all in course of the night at different times – when he was not asleep he would go from room to another – sometimes walk, sometimes sit – did not walk his room much – would sit sometimes half an hour sometimes longer – cannot state any particular expression he made – complained of distress in his breast – as near as deponent can tell he might have got up and lay down three or four times in the night or perhaps not so many – should think he was sitting in a chair most of the night – did not generally change chairs often – should not think that he lay on the bed more than half an hour in all during the night – he took off his clothes the latter part of night – he had on a loose gown – thinks he had no coat on, a vest and pantaloon - took off his clothes to go to bed – he lay down a few minutes – he complained he could not sleep because he could not breathe when he lay down – he got up, had lain ten or fifteen minutes – deponent helped him to put his clothes on at testators request – he was about a few minutes and sat down in small chair – soon changed to large chair and tried to sleep – deponent thought he did sleep some ten minutes rose up again – can’t say that he wanted to be undressed again that night – don’t recollect of his wanting to be undressed again – no opposition to his pulling off his cloths in deponents presence to deponents recollection – don’t recollect saying to others that there was opposition to his undressing himself that night – after he roused up from large chair cannot recollect what he did next – should think he went from room to another after that and before too – no recollection of anything said which occasioned a laugh – did not set up again all night – at this time staid then 4 or 5 days – staid up sometimes till 9 or 10 o’clock sometimes not so late – those nights testators was pretty comfortable but did not sleep much – don’t recollect whether Mr. Storm watched with him while deponent was there – deponent don’t recollect testators seeing images the first time deponent was there – the first time deponent saw anything about the images was the latter part of the last time he was there – went there that time about the 25th of September and staid 3-4 or 5 days – did not watch with him – the last night is the last but one deponent was there, heard testator say something about cattle or some other stock – he sat in his chair and said something about cattle and stock – deponent cannot recollect what words he said – he appeared to be then as deponent thought flighty – that afternoon Dr. Brinsmade and Wright were there and they gave direction about medicine and giving him brandy – understood Dr. Brinsmade to order brandy sling – the brandy sling was given towards night – deponent saw it given to him – after drinking the brandy he began to get flighty – he requested deponent to go after the Doctor. Dr. Brinsmade or Wright – deponent did not go because Doctor had given orders that he must not be sent for until about dusk – deponent went because after taking the brandy testator grew worse – he appeared different and appeared flighty – sometimes he would have some maneuver with his hands – he did not sit as still as before nor did he lie in the bed as long – this all deponent can recollect about it – deponent went back with the Doctor – after return was not in the room more than 10 or 15 minutes – he appeared still more restless and uneasy – saw him next morning – when first saw him he was asleep – when he awoke he was more easy and comfortable – he got up and went out doors – deponent went with him to see if anything occurred and to take charge of him – deponent remained with him till he returned – thinks he went to the back house – frequently had conversation with him when out in that way – cannot recollect what – deponent went away that day or the day after, cannot say which – cannot say whether he was there the following night – cannot say what he told Dr. Brinsmade when he went after him – nothing had been said between deponent and Mott about going with sheep to New York – it was the 9th that testator came to Troy to the Surrogates office – don’t know whether he was wild or deranged while at Troy – did not see him on his return – no one helped him about arranging the papers except as deponent has stated. Mott took down the amounts as testator told him – the notes he said were some belonged to estate of Slocum – cannot recollect the number or amount of notes or the amount of money – there was no interest reckoned by Mott – deponent heard what was said but did not examine the papers – testator told off the different amount but deponent cannot tell what they were – deponent testator the same night after his return from Troy (?) don’t know that his state and conduct was any different – he got home before dark – can’t say in which room he was when deponent first saw him that night – saw him sit in a chair – took tea with him – cannot tell anything he said – deponent staid till about eight o’clock – cannot tell anything else he said or did that night – on the 10th deponent waited on him – was with him the principal part of the time – was not generally up and walking about – would complain of being tired of sitting and get up and go into another room or the hall – sometimes stand in hall and look out of door – deponent generally kept with him because that was what he was employed for, to take care of him and keep with him – did not leave the house much – not more than a few minutes at a time – testator once or twice sent deponent to the store for alcohol – once sent deponent to the town for some rum – he said they had no alcohol there – alcohol and rum used for bathing feet and legs – deponent cannot tell whether the sheep were brought up the 10th or 11th – testator ordered some of the hands to bring up sheep – Gardner and Smith were two of the hands – the man standing by the door is one and is not Gardner nor Smith – when sheep were brought up testator and Mott got into the carriage and went to yard – deponent went on foot – deponent held the lines of carriage while Mott was out – testator had told deponent to go along testator sat in the carriage – heard him tell the men to catch such and such ones because they were better- it was the lamb he was selecting – he told them to select the best and how to mark them – the spots of marking were twenty in the head and others marked in other places – after selecting the lambs he ordered deponent to drive down to another yard – when they got to the other yard testator looked at sheep and asked deponent what he thought of them – and after looking at sheep he told deponent to drive round the barn and go out again – deponent thinks he gave Mott the money that night and directions who to call on in New York – he gave Mott thirty dollars – he told Mott to call on three or four different people – names were taken down – did not watch with him that night – cannot tell any particular thing he did any other night while deponent staid there – saw testator during that time have spasms some of the days – seemed to be in great distress – had seen his hands lay quiet and all at once jerk – sometimes his face was drawn up – sometimes he would take hold of deponents hand until he became calm – saw nothing flighty at this time nor at all except the last night or last but one that deponent was there the second time – deponent was gone some seven, eight or nine days between first and second time – cannot say whether he saw Mott there on his coming the second time – the second time staid three, four or five days – was with testator principal part of the time except the last night or last but one - it was at first time deponent got his pay – does not know how much money Mott brought home – cannot recollect to a dollar how much silver there was – the amount of silver was somewhere near twenty three or four dollars in half dollar pieces – has not had much conversation with Mott about this matter – came from home in Wayne County last Saturday – was not subpoenaed but received a letter from Mr. Mott which was written as Mott suggested at the suggestion of a friend of deponent Mr. Ryan – the letter requested deponent to come here and be here by the 19th – came to American Hotel – saw Mott on morning of the 19th – told Mott that he had received the letter – did not converse particularly with Mott what he know – talked with no one particularly – deponent has sat up with people having derangement from fever – cannot recollect at the number of times – deponents father kept his bed about eight years and deponent lived with him occasioned by fits – his father would hide his face when strangers came in – father did not speak for several years except occasionally – deponent took his father to the Asylum at Hudson – left him and went after him again – deponent was in the Asylum an hour or two twice – has not taken care of any other maniac – may have seen other people afflicted with insanity – deponent age will be 33 next August – is a farmer when in any business – since deponent has been sick he has occasionally worked – Direct Examination resumed – while deponent was at testators testator sent for a man to sow grain and something about sowing wheat – he told where the best ground was in the field – while deponent was there the first time testator borrowed one or two shillings of deponent – he said he wanted to pay one of his women – afterwards testator paid it to deponent – this was while Mott was gone to New York – Subscribed and Sworn Palmer Ketchum before me Jany 20th 1841 C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving The Will and Testament of Smith Germond deceased. Rensselaer County ss: Job Pierson recalled by Executors Counsel – sworn says deponent has no recollection about the time deponent left testators the day will was drawn. Remembers that morning before he left his office he had engaged to see Mrs. Sage about some work and deponent knows that it was about four o’clock P.M. when he arrived at Troy – drove home rapidly – did not take an hour to come home – it is six miles – recollects Mr. Motts expressing a wish to see some one who was going in the boat at 4 o’clock. Recollects it was about four o’clock by the clock when they came in sight of the dock. Cross Examined – Mott took deponent directly to the house. Deponent is building below – deponent’s new building. Subscribed and sworn J. Pierson Before me Januy 21, 1841. C.L. Tracy, Surrogate Renss. County. Rensselaer County Surrogates Court In the matter of proving The Will and Testament of Smith Germond deceased Rensselaer County ss: Isaac T. Grant called by counsel for Ex. Sworn says deponent resides in Schaghticoke near testators place about two miles from it. Has known him eighteen or twenty years. Saw him in month of August about the middle near Waterford bridge. Stopped and shook hands with him. Talked about Bryan’s family they were sick. Mr. Bryan was then dead. Also about testators health. Next saw him about three weeks after that saw him riding with Dr. Trowbridge. Had conversation with him about his health again and about Mr. Bryan’s family. ______________________piece of land which deponent had been negotiating for with him - has been intimate with him for years - testator was very sick, but as to his mind did not see but it was as sound as it ever was - his mind was sound. Cross Examination – The first time spoken of deponent was with him five to ten minutes. Dr. Trowbridge was with him. No other subject spoken of except his health and the sickness of the Bryan family - the second time was with him about ten minutes - spoke of his health and the Bryan family - testator said it was surprising and remarkable to see a family that was healthy go off in the way they had - Mr. Bryan and his two sons had died - deponent introduced the subject of the land - it occurred then to deponent to notice whether he was of sound mine or not - because deponent had heard it spoken of that he was a little flighty at times - deponent could tell in these interviews whether his conversation was natural because deponent and he had talked upon subjects which had been before spoken of between them – has had no experience in cases of insanity – has seen persons out of their mind. Sworn and subscribed Isaac T. Grant before me Jany 21st 1841 Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Augustus Lester called by Ex’s counsel sworn says – deponent resides in Troy – has known testator 15 or 16 years – has dealt with him during that period considerable – saw him along the first to middle of August – had conversation with him about sheep and lambs he had to sell – he called deponent into his house – testators price was such that deponent could not buy them – he said he should keep them along late and if he could not sell them, to his mind he would send them to New York – no one with deponent at that time – saw him again in September between 1st and 10th at his own house – had conversation with him then about sheep and lambs – deponent went with Mott to see them – was with testator then the best part of half an hour – Robert Coffin was with deponent that time – after deponent had looked at the lambs – testator asked deponent what he would give for them – deponent thinks he offered a dollar a piece for them and he asked ten shillings or offered ten and he asked twelve – he said could not take deponents offer and that he would send them to New York and asked Mr. Coffin whether he would go down to New York with Mott to sell them – Coffin had been down to sell them before – Coffin said he would if he would pay him – testator asked Coffin the situation of the market and what sheep buyers were there – and which Bulls head the upper or lower he went to with his sheep and lambs – he inquired about some of the dealers and mentioned names – don’t recollect the names – Coffin said he had seen some of them – deponent thinks at this time he was perfectly rational as deponent ever saw him – rather debilitated otherwise as capable of making a bargain as ever deponent saw him – has been on intimate terms with him – Cross Examination – was with him in first instance a quarter to half an hour – the next time about the same length of time – the thought did not occur to deponent the whether he was or was not in an insane state of mind – Mott was by both times – Mott did not say much about testator – had all to say himself – deponent has not any experience in the disease of insanity – deponent has been examined in relation to this matter this morning by Mr. Pierson with others – Sworn and Subscribed Augustus Lester before me Jany 21st 1841 C.L. Tracy Surrogate Rensselaer County Surrogates Court In the matter of proving The last Will and Testament of Smith Germond deceased Rensselaer County ss: Henry S. Chichester called by counsel for Executor sworn says - deponent resides in Troy. formerly resided a neighbor to testator - and until 1838 or 1839 – has known him 15 or 20 years - thinks he saw him in month of September last the latter part of August or first of September in front of his house near the gate - short conversation with him about his health – saw him again in his house latter part of Sept. or first part October - had conversation with him - the first of the conversation was about his health - John M. Mott called deponent in - testator said that he did not think he could stand it long - then asked deponent whether deponent recollected the weight of a load of hay he had bought last spring of Barber, but deponent replied that he did not recollect but he could tell at his store – testator said that Barber had said that there was 15 or 16 hundred weight of hay – the hay was sold for deponent - deponent thinks that deponent had told testator that there was something about 13 hundred – testator said there was about 12 hundred - thinks testator said there was difference between him and Barber in respect to the weight – testator said he thought the hay came to a little short of four dollars – deponent said Barber thought it was more than four dollars – deponent thinks that on examination the bill was found to be about 12 hundred – was with him then from fifteen minutes to half an hour – at that conversation deponent thought he appeared to be rational – at both times cannot say that he appeared otherwise than rational - the last time he appeared to be sick. Cross Examination – cannot say that he saw at any time anything which indicated derangement of mind – at the time of the conversation about the hay - he dropped his head in a drowse and would be so two or three minutes and woke up and commence conversation again – don’t know that it occurred to deponent to think about his state of mind – the last time was in north part of the house – had no experience in cases of insanity. Sworn and subscribed Henry S. Chichester before me Jany 21st 1841 C. L. Tracy Surrogate of Renss County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Ebenezer Walbridge called by Ex. Counsel sworn deposes and says deponent lives in Lansingburgh – he has known testator from 25 to 30 years – saw him in the fore part of Sept. at the barber shop in Lansingburgh – he was getting his hair cut – had conversation with him about his health – he spoke about Dr. Trowbridge – had been to Springs and they did him no good – said he thought Dr. Trowbridge was a skillful man and fine physician and would be an acquisition to this part of the country – saw nothing that appeared irrational in him – has been intimate with him – he has always done his business at the Bank of Lansingburgh of which deponent is President – deponent though then of testators state of mind for the reason that he had heard a report that he was out of his mind – saw him only 10 or 15 minutes –at that time deponent thought he was in sound mind – Cross Examination – has given substance of all the conversation then with him – has had no experience in taking care of insane patients – Direct resumed – deponent is a practicing lawyer – has practiced since 1805 – Sworn and Subscribed E.W. Walbridge before me Jany 21st 1841 C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. George Vail called by Exec. Counsel sworn says – deponent resides in Troy – has known testator perhaps 20 or 30 years – deponent was at testators on the 12th of August according to his best recollection – had conversation with him in his hall – saw him sitting in his hall and went over to inquire about his health – went into his hall – had conversation with him about cattle – deponent had previously spoken to testator that he had ordered some imported cattle – at this time told him they had arrived – testator called at deponents farm a week or ten days or a fortnight after that – called to look at those cattle – the cattle were in a stable – testator got out of his carriage and went into the stable to examine or deponent ordered them out – deponent thinks he showed testator a blooded calf he had there and told him the age of it – if it was the 12th of August that deponent saw him at his house, the calf must have been three months and a half or four months old – it was calved on the 3rd of May – testator was at deponents farm 15 or 20 minutes – deponent had been intimate with him for years – deponent thinks he told testator that he would send him a ____ which contained a pedigree of the cattle – thinks something was said about cattle owned by Patroon and Bement – deponent supposed him there to be in a perfect sane state of mind as much as he had ever seen him – and discovered nothing to the contrary – Cross Examination – both of these interviews were in August – deponent supposes on the 12th August and from a week to a fortnight afterwards – at the time nothing occurred to deponents thoughts about his state of mind – Sworn and Subscribed before me Jany 21st 1841 Geo. Vail C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Freelove Niles called by Executors Counsel sworn says – deponent knew testator – has known upwards of twenty years – on the first Sabbath in September deponent was at testators with her husband – it was the 6th – was there some hours in the afternoon – sat at tea table with testator – the conversation was general – he talked and took an interest at the table – he talked with deponent and others – saw nothing uncommon in the state of his mind – it was as it had been at other times when deponent had seen him – the idea that his mind was not sound did not occur to deponent – Cross Examination – was in the room with testator but very little longer than while at tea – some little allusion was much to politics – deponent thought he was _________ friend to republican principals – it did not occur to deponent whether he was sane or insane – deponent did not think of that subject – was surprised to see him converse so well because deponent had been told he was very sick – Sworn and Subscribed before me Jany 21st 1841 Freelove Niles C.L. Trace Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Charles Mosher called by Counsel for Exec. – affidavit says deponent resides in Easton Washington – has known testator twenty years – was at testators about last of August – was there about an hour – had conversation with him first about his disease – he wished to know whether deponent could prescribe for his disease – he was much distressed – after he became a little easier he talked about religious matters – deponents conversation while there was principally with him – Mr. Mott and Col. Fake were present – saw him next and last about 1st October – not positive of seeing him in September – was there about 1st October from half an hour to an hour – talked but very little with him then – he had failed considerable as to strength and was distressed for breath – conversation was principally about political subjects – some about health – testator said he was fearful that he should not live until another election and expressed anxiety to cast a vote – deponent has been a practicing physician 22 years – has had extensive practice – at these times deponent saw him deponent could discover nothing but that he was perfectly rational – the first time was very much distressed for breath and irritable about there not preparing prescriptions for him as soon as he wanted them – Cross Examination – the thought did not occur at these times to deponent whether he was or was not insane – had never been his family physician – had lived about 14 miles from him – he expressed his belief of the Christian religion and that he had no doubt of its truth – this was the first time – don’t know as he had ever been a sceptic – testator spoke of his ex_______ and fatigue in acquiring his property and of the little value it was to him at that time- Sworn and Subscribed Chas R. Mosher before me Jany 21st 1841 C. L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Andrew Ryan called by Executors Counsel sworn says deponent resides in Pittstown – has known testator about thirty years – lived about ten miles from him – deponent saw him in June, July and September – saw him the sixth of September at his own house – believes he was with him about an hour – had conversation with him – he conversed freely – testator asked how deponent came on sowing – testator said he had not sowed – in August there thinks a week previous to the 6th September latter part of August – deponent saw him – met him between Pines and W_____ - testator then asked deponent about sowing wheat – deponent told him that he had bought some seed wheat – deponent believes testator asked deponent whether he was not afraid of the fly – also where deponent got his seed wheat and the price of it – deponent thinks he told him that if he went soon he could get some there – on 6th September had conversation about his disease and his sheep – thinks it was on that day that he spoke of sending Mott to New York with sheep – testator had told deponent that he had sold off some of his land and he must sell some of his stock – can’t say whether it was on the 6th he told him this – while Mott was in New York with the sheep had another conversation with him – testator spoke of it and said that when he came back he had to send with another lot – was there this time not more than half an hour – conversation while there was principally with testator – thinks he saw him as much as three times in September – was on intimate terms with him – deponent believes that in the interview already spoken of testator was sound in his mental faculties – Cross Examination – at the times mentioned by deponent the thought occurred to deponent whether testator was or was not sound – the reason was because deponent thought he had a pretty large estate and that he was going to give it away to somebody – this is the only reason – previous to the 6th Sept. deponent was down at the black smiths shop and Mr. Warren said there goes Mr. Pierson and Mott and that Pierson had been up to draw testators will – Warren was in front of the black smiths shop - there were two men passing in a carriage – deponent thinks this was in afternoon – cannot tell what hour – Warren observed that he did not believe testator would live six weeks – has had no experience in insanity not a great deal – deponent don’t know whether testator had sowed wheat or not – believes deponent did tell testator the price of his wheat and where he bought it – when deponent saw him in October he had been removed into the north room and deponent thought him deranged – testators saw shadows on the wall and directed the persons about to move a brush up and down when he saw the shadows at the side of the fire place – did not see him again – deponent thought he was in a deranged state of mind then. Sworn and Subscribed Andrew Ryan before me Jany. 21st 1841 C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Bedford Filkins called by counsel sworn says – deponent resided in Schaghticoke about 5 miles from testators – has formerly lived near him about fifteen years ago – has know him 20 years and over – has been intimate with him – saw him in month of August about the last at his own house – was passing in front of his house, stopped opposite the gate – saw him standing or sitting in the door - testator said he did not know but that he was a little better – testator said come in a moment want to see you – deponent went in – had conversation about the treatment of testators disease – testator then said he wanted to see deponent respecting the market of lambs and sheep and to know what they were worth – testator knew _______ before it had been accustomed to attend market – deponent told him the prices of these articles – he said Lester had been up and made him an offer, very low – said he thought he should send Mott off with a lot of lambs or sheep to New York – said he had been selling of some of his land – that his hay crop was short and he must reduce his stock in proportion – next saw him as deponent thins in the moth of October directly after he was moved in the north room – testator spoke of the case of the Bryan family that had died so suddenly in Waterford – he spoke something about Dr. Trowbridge attending him and about the Doctor seeing on the Bryan boys and giving his opinion about the time he would live – testator said he died about the time the Doctor thought he would – he spoke about Bryans property after inventory was taken and said he had more than people had thought he had And said Aleck? had done pretty well while he lived in Schaghticoke – he then spoke about his stock and farming business as usual to deponent – was with him this time about half an hour – there was more conversation – he said he had sent Mott off to New York with a lot of sheep and did not know what they would fetch – they would fetch something, perhaps enough to buy a piece of muslin for the use of the family – he said that he would have to send off more – thought of sending them off to a distance to be wintered but that would not do – they would not take so good care of them as he did – thought it would be better to sell them at a low price than to be bothered with them – at this conversation deponent thought his mind was as good as it had been and saw nothing to the contrary – Cross Examination – at the time in October deponent did think of his state of mind an to notice whether he was rational or not – did not at any time before – it was probably the fore part of October – Mrs. Mott, two young ladies and Col. Reed were there at the same time – thinks he was in a chair or on the side of the bed – deponent knows the time in August because that day he had been called to Pittstown to view a road – has no date or memorandum to show what day deponent went to Pittstown – when deponent saw him in October deponent had heard it spoken that he was insane some termed it crazy and deponent therefore observed – don’t recollect of having heard this in August – never had charge over any insane person, has known person whom were said to be insane – Sworn and Subscribed before me Jany 21st 1841 Bedford Filkin C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss; Leonard Reed called by Ex. Counsel sworn says – deponent resides in Pittstown about seven miles from testators – has know him these 2 years – has had some deal with him and been on intimate terms with him – saw him a few days after he returned from the springs at his house – was there half an hour with him – testator commenced conversation about his being at the springs and said he did not experience any benefit – had conversation about a gray horse testator had – some conversation about deponents buying the horse – he wanted to know how staging was and deponent was doing at the Springs – deponent had stages at the Springs – a year before deponent had bought a couple of horses of him and deponent told him that one of the horses did not do as well as deponent expected and if testator would take a hundred dollars for the gray horse deponent would take him and say nothing about it – testator said he would think of it – deponents conversation was with testator – deponent does not know but he saw him every week after that – deponents business calls him by there very often – deponent was there afterwards and saw him on the stoop and had conversation with him – two or three days a week within a week – at that time he asked if deponent had any money to spare – deponent replied he would have in a few days – deponent had borrowed of him and then owed him two hundred dollars – saw him again about the 1st of September – Dr. Trowbridge was there and Mrs. Mott introduced him to deponent – was not in more that 15 or 20 minutes – had some conversation with him, inquired about his health – testator when he laid down was put to it for breath very much and had to sit up the principal part of the time – don’t recollect seeing him again till the time Mr. Filkins was in there somewhere from the 10th to 12th Sept. – it was at the time Mott was in New York – Ketchum was not there at that time – deponent did not see him at least – was in the room about 20 minutes – he was talking about the same Filkins had related about the sheep – deponent at these times thought his state of mind was as good as it ever was, there did not seem to be anything the matter more than his disease – Cross Examination – testator had indorsed (sic) for deponent - the last indorsement (sic) was in April – deponent did not omit to call on him for indorsement (sic)because of his ill health – did not call on him to indorse (sic) again – had no discounts afterwards at the same bank which was Lansingburgh Bank – testator had not indorsed (sic) for deponent at any other Bank – has never said that he did not call on testator to indorse (sic) further because he did not think him competent to do business – has never thought of such a thing nor did it ever enter into the reason at all – deponent thinks he was introduced to deponent - saw him in October and then he was not in his right state of mind – then thought him insane – about the 10th October from fore part to 10th did not see him after that time- Direct Examination resumed – this time in October was 8 or 9 days before his death. Subscribed and Sworn before me Jany 21st 1841 Leo Reed C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Hiram Slocum called by Ex. Counsel and sworn says – deponent resides in Troy – has known testator for thirty years – saw him frequently through the summer – deponent called at his house short time after his return from the Springs – deponents sister was with deponent, was there from one to two hours – had conversation with him on a variety of subjects – some about testators business and the state of his land – about the state of his health more than any other subject – conversation while there was principally with testator – but a few days after his return from the Springs – saw him next somewhere the fore part of September – saw him at the Surrogate office – testator called at deponent store and asked him to come down to Surrogates office and told him he wanted to close up the business of deponents fathers estate – that was the day testator paid to the Surrogate the money and the balance of the notes in his hands – (it was conceded that this day was the 9th) deponent met testator at Dr. Brinsmades office – was there with him a few minutes – heard him talk with the Doctor about his complaint – deponent again met him that day at the Surrogates office – the business was closed up – testator paid over the money in his hands and left notes – deponent after this saw testator at his own house a month after and not more than ten days before his death – was with him not a great while from half an hour to an hour talked about his health – also about religion and his future state – deponent supposed he understood his situation – that he was near his end – testator was then bloated in his limbs and indicative of near approach of death – testator said “ I perceive that you have the same opinion about my situation that I have myself” - deponent replied that he was apprehensive that he was near his end – deponent asked him if he was prepared for his end – he replied that he hoped or thought that he was – deponents opinion is that he was at this time in possession of his reason & of sound mind – deponent had known him 20 years and intimately – has had extensive business relations with him – Cross Examination – does not know that on the 9th of September deponent saw any evidence of deranged mind in testator – deponent saw that there was uneasiness and fretfulness – deponent thinks he manifested anxiety to get through and get home – can’t say that he discovered anything that was very turbulent – he might have been an hour at the Surrogates office – perhaps more – in all this day saw nothing where which indicated a change of mind, nor at any time last summer – has not had any experience in matters of insanity – Sworn and Subscribed before me Jany 21st 1841 Hiram Slocum C.L. Tracy Surrogate Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Abraham Knickerbacker called by Ex. Counsel sworn says – deponent knew testator in his life time – resided 8 to 9 miles from him – has known him twenty , twenty five or thirty years – has always been on terms of intimacy with him – saw him during his sickness last season – saw him on the 13th August and had conversation with him – principally on the state of the health of both – deponent was then out of health – gave deponent a history of treatment and physicians – saw him after that somewhere about the 1st of September deponent went on a journey on the 23rd August and returned 29th – deponent came down to Troy to hear W. Wilson of New Hampshire address a meeting – deponent that day saw testator and passed the time of day with him – deponent again saw him about the middle or last of the month of September – saw him at his house – conversation was again about his health – saw him no longer than to pass the compliment of the day _______ had conversation more than once with testator about a difficulty with Mr. Ives – particularly about two or three weeks before his death – deponents judgement is that at all the times deponent saw him he was sound in mind, weak in body – Cross Examination – has been examined on this matter previously today by Mr. Pierson and some by Mr. Bowen – was in the other room of the Surrogates office with Mr. Pierson – on the 13th August was with testator fifteen minutes or half an hour – on the 1st of September not more than a minute or two – some two or three weeks before his death was with him some half an hour as long as it would answer – testator beckoned with his hand as much as to say he couldn’t talk anymore – was very feeble – he asked deponent to call again – deponent don’t know that he has had much experience with the disease of insanity - Sworn and Subscribed before me Jany 21st 1841 Abraham Knickerbacker C. L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Thomas Fowler called by Executors Counsel sworn says – deponent resides in the town of White Creek, Washington County has known testator twenty or twenty five years – saw him in September the 15th he thinks at his house – went into his house and had conversation with him about his health – there was another gentlemen with deponent – testator asked deponent whether he was going down or had been down to Troy – asked deponent whether he had been down to the Surrogates office to get some money that was there for deponent – that he testator had been down a few days before and left money due to the creditors of Slocum estate – Surrogate afterwards informed deponent that the money was at his office and ready for him – testators at this time conversed as usual and rational – deponents attention was drawn to his state of mind before he went in – Mr. Babcock told deponent that testator has had a very bad night and was crazy – deponent discovered nothing of that kind upon him – Cross Examination – deponent was with testator from 15 to 25 minutes – short stay – testator knew before that deponent was a creditor of the Slocum estate – had known it two or three years – had spoke to testator before about it – deponent was creditor from 130 to 160 dollars – it was only dividend deponent was entitled – the estate was not sufficient to pay all – Surrogate told deponent his dividend was about fifty dollars – at that time testator had other conversation but principally with the gentleman with deponent – testator did not talk a great deal – said that his Doctors had told him not to – he spoke low – deponent thought at that time about his being in his right mind or not – has not had much experience in cases of insanity – testator was considerably feeble in health – Sworn and Subscribed Thomas Fowler before me Jany 21st 1841 C.L. Tracy Surrogate of Renss. County Rensselaer County Surrogates Court In the matter of proving the will and Testament of Smith Germond deceased Rensselaer County ss. Edward Long called by Executors Counsel – deponent was with Thomas Fowler when he was at testators in September last – has heard his testimony and agrees with it fully – has known testator twenty or twenty five years – knew him intimately - Cross Examination – agrees with Mr. Fowler in what he states in his cross examination – deponent has not had any experience in the treatment or case of insane persons – has kept a public house and he had such persons call there and put up – Sworn and Subscribed Edward Long before me Jany 21st 1841 C.L. Tracy Surrogate of Renss. County The will of Stephen Germond, deceased as recorded in the office of the Surrogate of Rensselaer County in Surrogates Book of Records No. 26 pages 295-6-7-8-9-280 was then produced in evidence by Executors Counsel- Rensselaer County Surrogates Court In the Matter of the proving of the will and Testament of Smith Germond deceased Rensselaer County ss. Eliza Jane Lohnes called again by counsel contesting will - testator ____ the time deponent was there asked deponent to pray. This was shortly after he was moved to north room & deponent was sitting by him. Col. Fake came in and testator said to deponent “pray for me will you” “say will you pray for me” deponent made no answer and then he asked Fake to pray for him. Counsel asks deponent why deponent made no answer. Question objected to and admitted. Deponent thought testator did not know _______did want and she made no answer – did not repeat the request more than deponent has said – he asked Fake to pray for him – he said to Fake “_________Col. Fake said “I will pray for you but I don’t ever pray in public” Col. Fake is not a professor of religion nor is deponent – deponent has heard testator holler murder in the hall – shortly before his death he went through the hall hollering murder and tried to get out of the front door saying some one was trying to murder him. That John Storm had come to murder him. Storm was there at that time – deponent was in the north room while testator was there and deponent went out. Testator wanted deponent called back. Mrs. Mott called deponent back. Testator shook hands with deponent – Mrs. Mott asked him if he knew her – testator said yes that it was Miss Larabee - deponent then went out - a few days before his death he jumped out of a window – he got into the window and Mr. Mott had to get him in but couldn’t, so he let him get out. He got out forcibly – Mr. Mott had hold of him and testator got out upon the ground – Mr. Mott had to take him into the house by force – a day or two before he died deponent was in the room with him he swore and threw the clothes off of him – deponent put them back and covered them up he lay a moment and fell into a drowse – he then started up again and said “how far is it from our house to your house” he repeated this – deponent replied about six miles – a drive of cattle came along and he sprang out of bed - deponent asked him to lie still until she called the boys – testator replied, damn you and the boys too. I can get there and back before they come – once heard testator say that his legs were black cattle legs – this was while he was in north room – his business had been that of a drover in his life time – part of the time deponent slept in the house. the last three or four weeks of the testators life deponent slept at Mr. Motts and Mott staid with testator and did not like to leave his family alone – while deponent slept at testators some nights he was very noisy – some nights still. The noise seemed to be pulling and moving chairs and opening and shutting doors – cannot tell how long after Mrs. Mott came the watchers commenced – John M. Mott took care of him nights before they had watchers. Counsel for Executor make objection to the whole of this testimony because it is matter before enquired about – deponent supposes they had watchers because Mr. Mott could not stand it any longer to watch – can’t tell how long Mr. Mott had continued to watch before watchers came – Mott staid with him every night from the time deponent went there till watchers came – he was noisy nights before watchers came – deponent believes he took medicine nights – heard Mott say that no one wants to be with him – some nights he rested well, some not – John M. Mott was with testator night and day after deponent went there except when Mott went to New York – it was after Dr. Trowbridge went away that Mott went to New York. Cross examination – deponent staid at Mr. Storms last night – Mr. Doolittle was down there this morning – he did not examine deponent – nothing said to deponent this morning about the facts she has testified to this morning – Doolittle talked with Mr. and Mrs. Storm – did not talk with deponent – Mr. Hall said they wanted to ask deponent some questions this morning – Hall and Doolittle came together - cannot recollect stating the facts now testified by her to anyone before now – has not told anybody that all the facts she knew about testators state of mind were what she testified to last evening – has not told Gen. Davis so – she recollected these facts last evening - deponent does not know that she stated last evening that she had given all the facts she knew in relation to testators state of mind – John Fake was by when testator asked deponent to pray – deponent recollects testator bleeding at the lungs but cannot tell whether it was the night he asked deponent to pray – Josephus Leavens was in the house at the time testator cried murder – when Storm was there – this was about a week before his death – the cry of murder was in the morning towards day - for three or four weeks before his death – deponent slept at Motts - Storm was there to watch – deponent generally returned from Motts about daylight – deponent had not staid at Motts the night he cried murder - Miss Ba__(?) was at Motts that night – there were two nights deponent did not sleep at Motts – don’t know that he ever went into his room before he was up in the morning – it was a few days before his death that he asked the distance from his house to hers - this was about three days before his death it was when he first went into the north room that he spoke about his legs being black cattle legs- should judge that he was removed to the north room about three weeks before his death – probably a week after he was removed there that he spoke about the black cattle legs – thinks Mrs. Mott was in the room don’t recollect seeing Fake there – he was up every day until a day or two before his death – if Mott went out of the room for a few minutes testator would send for him even when he went home to change his clothes – deponent went after Mott several times at testators request – Palmer Ketchum staid with testator while Mott went to New York. Watchers were obtained before Ketchum came the first time – Mr.? and some of the Perrys(?) – Direct Examination resumed. Testator came into the room where deponent and Nabby Ryan slept one night – room next to one to testators – cannot tell what time of night – testator said “they’re asleep aren’t they?” It was dark in deponent’s room – it was after Mrs. Mott came and before deponent slept at John M. Motts – it was before John Mott went to New York – testator was removed into north room after Mott came back from New York the first time – it was in September that Mott went to New York the first time – thinks it was in October that he went the second – a week or more between. At one time heard testator say that Mrs. Bloom was a poor old woman, a hundred years old – this was while he was in the north room & at one time testator called Mrs. Bloom Mrs. Germond – this was while he was in the north room. Her Sworn and Subscribed before Eliza Jane X Lohnes me Jany 30th 1841 mark C. L. Tracy Surrogate of Rensselaer County And hereupon the testimony was closed, and by the consent of the said parties. I the said Surrogate did therefore adjourn said matter until the 6th day of February 1841 for the purpose of examining the testimony given by the respective parties with a view of making my final decree therein. And now at this day that is to say on the said 6th day of February in the year of our Lord one thousand eight hundred and forty one at my court held in the City of Troy aforesaid. I the said Surrogate having examined the proofs and allegations of the said parties being satisfied from the proofs made in the premise that the said Smith Germond did execute the said Will and did publish the same in due form of law and that the said Will was duly attested by the witnesses whose names are thereunto subscribed in the presence and at the request of the said testator. That at the time of the execution of the said Will the said testator was of sound mind and memory, of full age to execute said Will, competent in all respects to devise real estate and was under no restraint whatever. And I the said Surrogate being also satisfied. Additional Comments: All original spelling and format has been retained. Words and sentences that were unreadable are indicated with a blank line.