Saratoga County ,Stillwater NyArchives Wills.....Denton, Benjamin November 4, 1847 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Charlotte Kensil CharKensil@aol.com May 1, 2011, 6:53 pm Source: Saratoga County, New York, Will Book Volume 15, Page 1 (sampubco Copy) Written: November 4, 1847 Recorded: January 8, 1849 The last Will & Testament of Benjamin Denton deceased relating to Both Real & Personal Estate together with the proof thereof. Recorded the 8th day of January 1849. At a Surrogates Court held at the Village of Saratoga Springs in and for the County of Saratoga on the 8th day of January 1849. Present Jno. C. Hulbert – Surrogate Be it Remembered that heretofore to wit at a Surrogates Court held at the Village of Saratoga Springs on the 16th day of November 1848. Sarah Denton the Executrix & Jesse Denton Executor named in a certain instrument dated the 4th day of November 1847 purportng to be the last Will & Testament of Benjamin Denton deceased relating to Real and personal Estate appeared & offered Said Instrument for probate & made satisfactory proof by Affidavit that the said Benjamin died on the 22 day of November 1848. That at the time of his death and for a long time previous thereto he was an Inhabitant of the town of Stillwater in said County. That he left a Widow to wit Sarah Denton said deponent and the following as his only heirs & next of kin Viz Phebe Ellsworth wife of Ephraim D. Ellsworth, Richard Denton, Ransom Denton, Daniel Denton, Clancy Denton. Sandy Hill Wash. County N.Y., Annalina Wing wife of Lettis Wing Ottowa La Salla Co. Illinois. All of full age & the following who are minors having no General Guardian Benjamin Denton, Chester Denton, Almira Denton, Gracilla Denton. And thereupon John T. Carr of Saratoga Springs consenting thereto in writing was appointed the Guardian Ad. Litum to take care of the Rights & Interests of the said Infants in the proving of the said will. And thereupon a citation was issued directed to the said heirs and next of kin (excepting Jesse Denton) and also to John T. Carr Said Guardian Ad. Litem citing them & each of them to appear before the Said Surrogate at his Office in the Village of Saratoga Springs on the 8th day of January 1849 at 10 o’clock A.M. to attend the proof & probate of said Instrument. And at a Surrogates Court held at the place aforesaid for the County of Saratoga before the Surrogate aforesaid on the 8th day of January 1849 the said Executrix and Executor again appeared & returned said Citation & made satisfactory proof of the due & legal service of same upon all to whom it was directed & made Application to have the said Instrument proved & admitted to probate. And no person appearing to oppose said application and thereupon the said Instrument having been produced & shown to one the attesting witnesses thereto the proof thereof was taken in the words & figures following to wit. County of Saratoga – Surrogates Court In the Matter of proving the last Will and Testament of Benjamin Denton Deceased Saratoga County ss .. Sarah Denton of the town of Stillwater in the County of Saratoga being first duly sworn in open court on her Oath doth depose & say that she is acquainted with the handwriting of Damon Denton whose name is signed to the Will of Benjamin Denton & that she saw the said Damon Denton sign his name to the said Will as a Witness, that he signed said Will at the request of the said Benjamin Denton in the presence of the said Benjamin & Daniel Montgomery the other attesting witness that the said Damon Denton is disabled by sickness to attend before the Surrogate on this day. Subscribed & Sworn Before me this 8th day of January 1849 Sarah Denton Jno. C. Hulbert & Surrogate County of Saratoga – Surrogates Court In the Matter of Proving the last Will & Testament of Benjamin Denton deceased. Saratoga County ss .. Daniel Montgomery of the town of Stillwater in the County of Saratoga being first duly sworn in open court on his Oath doth depose & say that he is a subscribing witness to the last Will & Testament of Benjamin Denton late of the town of Stillwater in the County of Saratoga aforesaid deceased. And this deponent further saith that the said deceased did in the presence of this deponent subscribe his name at the end of the Instrument which is now shown to this deponent & which purports to be the last Will & Testament of the said deceased & which bears date on the 4th day of November in the year one thousand Eight hundred & forty seven that the said deceased did at the time of subscribing his name to said Instrument of aforesaid declare the same to be his last will & testament, that this deponent did thereupon subscribe his own name at the end of said Instrument as an attesting witness to the execution thereof, at the request of said deceased & in his presence that the said deceased at the time of subscribing his name to said instrument as aforesaid was upwards of twenty one years of age, that he appeared to be of sound mind & memory & was not under restraint to the knowledge or belief of this deponent – That Damon Denton the other subscribing witness to said Instrument subscribed his name at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid. And that this deponent & the said Daniel Denton respectively subscribed their names as witnesses to said Instrument in the presence of each other, that the said Damon Denton is disabled by sickness to attend before the Surrogate on this day. Subscribed & Sworn this 8th day of January 1849 Before me - Daniel Montgomery Jno. C. Hulbert – Surrogate And thereupon it appearing upon the proof so taken that the said Instrument was duly executed & that the Testator at the time of executing the same was in all respects competent to devise Real Estate & not under restraint. And the said Surrogate having moreover inquired particularly into the facts and circumstances and being satisfied of the genuineship and validity of the said Instrument and no objection being made thereto it is hereby ordered adjudged and decreed by said Court that the said Instrument be admitted to probate as the Last Will & Testament of the said Benjamin Denton Relating to both Real & personal Estate. And it is further ordered that the said Will be recorded together with the proof thereof which said proof is herein before Recorded and the said will is in the words & figures following to wit – “In the name of God Amen – I Benjamin Denton of the town of Stillwater in the County of Saratoga being mindful of my Mortality do this 4th day of November Eighteen hundred & forty seven make & publish this my last will & Testament in manner following – First I desire to be decently buried in the Congregational Church Yard in the said town of Stillwater I bequeath to my beloved wife Sarah all & every of the articles of household furniture which she had & brought into my family at the time she became connected with it. And also all that has been purchased expressly for her since that time. And also a certain Red & White two year old Heifer which I now own & the Stove we now have in use - I give & bequeath unto my Daughter Almira one of my best Beds & Bedding and a French bed Stead. I then desire & will that all my Real and personal Estate may be sold ( Subject to my wifes dower) as soon as is consistent at the discretion of my Executors and from the proceeds of such sale firstly pay my funeral charges, and then all of my debts, and the money remaining I desire to have put at interest until my youngest child Almira becomes fifteen years of age & the interest of the Said Sum to be used & paid towards defraying the expense of Educating clothing & Barding my two youngest children Chester & Almira. And at the time that my youngest Child shall have become fifteen Years of age it is my will that the Said Sum of money be equally divided amongst all my children my daughter Annaline Wing excepted. And the amount that may fall to the share of my Son Chester put at Interest until he becomes twenty one years of age. And also the share of my daughter Almira until she becomes twenty one years of age or if sooner married at time of her marriage their Guardian to collect the Interest annually & expend the Same for their benefit individually. And I hereby commit the Guardianship of my two Youngest Children until they shall have become fifteen years of age unto my wife Sarah. And I do hereby constitute & appoint my wife Sarah Denton Executrix & my son Jesse Denton & my good friend Isaac Myers Executors of this my last Will & Testament. In Witness whereof I have hereunto set my hand & Seal this day & year first above written ---- Benjamin Denton L. S. The above Instrument consisting of a half a Sheet was now Subscribed by Benjamin Denton the Testator in presence of us & was at the same time declared by him to be his last Will & testament and we at his request Sign our names hereto as attesting Witnesses Daniel Montgomery Damon Denton” I John C. Hulbert Surrogate of the County of Saratoga do certify the foregoing to be a true Record of the last Will & Testament of Benjamin Denton Deceased and of the proof thereof taken before me on the 8th day of January 1849 Jno. C. Hulbert Surrogate File at: http://files.usgwarchives.net/ny/saratoga/wills/denton855gwl.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.7 Kb