WILL: Latham Coffin; Providence, Saratoga Co., NY submitted by Rhonda Brown (Rhonda_Brown@ncs.com). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ LAST WILL AND TESTAMENT OF LATHAM COFFIN OF SARATOGA COUNTY , NEW YORK The Last Will and Testament of Latham Coffin, deceased, relating to both real and personal estate together with the proof therefore recorded January 28th 1842. At a Surrogate Court held at the Village of Ballston Spa in and for the County of Saratoga on the 28th day of January 1842. Present John M. Thompson, Surrogate. Be it remembered that heretofore to wit at a Surrogate Court held at the place for the County and before the Surrogate aforesaid on the 19th day of January, instant Peleg Coffin, Latham Coffin and Reuben Wait executors named in a certain instrument dated November 22, 1841 purporting to be the last Will and Testament of Latham Coffin, deceased, relating to both real and personal estate appeared and offered said instrument for probate and made satisfactory proof by affidavit which is now on file in said Surrogate's office that the said Latham Coffin died on or about the 26th day of November last that at the time of his death and for several years previous thereto he was an inhabitant of the Town of Providence in said County that he left a widow to wit, Hannah Coffin, who resides in said Town, that he left two sons, to wit, Peleg Coffin and Latham Coffin Jr. two of the above named executors, said Peleg resides at Mount Morris, Livingston County and said Latham in Providence aforesaid and eight daughters to wit, Ruth Hall, a widow, Hannah Coffin, Judith Coffin, and Harriet Coffin all of whom reside in Providence aforesaid, Ruby, wife of Reuben Wait who resides in Galway, Saratoga County, Susannah, wife of Silas Cady and Polly, wife of Richard Matthews who reside in Glenville, Schenectady County and Loretta, wife of Milton Burnap, who resides at Mount Morris, Livingston County and the following named grandchildren to wit, Samuel Jennings who resides at Farmington, Ontario County, Maria Edwards, Harriet A. Edwards and Henry C. Edwards who reside at Pontiac, Livingston County, Illinois, his only heirs and next of kin and that all of said persons are of full age except said Harriet A. Coffin and all of said grandchildren who are minors under the age of twenty-one years and have no _______ guardian and thereupon Callunder Beecher, Esq of Ballston Spa having consents in writing to serve as special guardian to said several minors to take care of their ________ in the ________ on filing said consent it was ordered by said Court that the said Callunder Beecher be and he then and there was in due form of law appointed by said Court special guardian to said several minors to take care of their interests in the previous and thereupon a citation was issued pursuant to the action concerning the proof of wills to passed May 16, 1837 directed to the widow and to each of the said heirs and next of kin who are of full age except said executors and to the said special guardian citing them and each of them to appear before said Surrogate at his office in the Village of Ballston Spa in said County of Saratoga on the 28th day of January 1842 at 10 O'clock in the forenoon to attend the proof and probate of said instrument. And afterwards, to wit, at a Surrogate's Court held at the place for the County and before the Surrogate aforesaid on this 28th day of January, 1842 the said executors again appeared and made appreciation to have said Will proved and admitted to probate and returned the citation above mentioned and made satisfactory proof by affidavit due and loyal service of the same upon all the persons to whom the same was directed which citation and affidavit being duly filed and no person appearing to oppose said appreciation and it appearing that notice of said appreciation has been given in the manner prescribed by law it is hereby ordered that the said executors have leave to proceed to the proof of said will pursuant to their said appreciation, and thereupon the said instrument having been produced and shown to the several attesting witnesses thereto the proof thereof was taken in the word and figures, that is to say: County of Saratoga Surrogate Court In the matter of proving the last will and testament of Latham Coffin, deceased Peleg Tabor, of the Town of Providence in the County of Saratoga being first duly affirmed in open Court on his affirmation doth depose and say that he is a subscribing witness to the last Will and Testament of Latham Coffin late of the Town of Providence in the County of Saratoga aforesaid deceased. And this suponent further saith that the said deceased did in the presence of this deponent subscribe his name by making his mark at the end of the instrument which is now shown to this deponent and which purports to be the last Will and Testament of the said deceased and which bears date on the 22 day of November in the year one thousand eight hundred and forty one, that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be his last Will and Testament, that this deponent, as an attesting witness to the execution thereof at the request of the said deceased and 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 and memory and was not under restraint to the knowledge or belief of this deponent: That Judith Coffin and Harriet A. Coffin, the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased, and in his presence, at the same time this deponent and the said Judith Coffin and Harriet A. Coffin respectively subscribed their names as witnesses to said instrument in the presence of each other. Peleg Tabor subscribed and affirmed this 28th day of January 1842 before me. John M. Thompson, Surrogate County of Saratoga Surrogate Court In the matter of proving the last will and testament of Latham Coffin, deceased Harriet A. Coffin of the Town of Providence in the County of Saratoga being first duly affirmed in open Court on her affirmation doth depose and say that she is a subscribing witness to the last Will and Testament of Latham Coffin late of the Town of Providence in the County of Saratoga aforesaid deceased. And this suponent further saith that the said deceased did in the presence of this deponent subscribe his name by making his mark at the end of the instrument which is now shown to this deponent and which purports to be the last Will and Testament of the said deceased and which bears date on the 22 day of November in the year one thousand eight hundred and forty one, that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be his last Will and 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 the said deceased and in his presence. That the said deceased at the time of subscribing his name to said instrument was upwards of twenty-one years of age; that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of this deponent: That Peleg Tabor and Judith Coffin the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased, and in his presence, at the same time this deponent and the said Peleg Tabor and Judith Coffin respectively subscribed their names as witnesses to said instrument in the presence of each other. Harriet A. Coffin subscribed and affirmed this 28th day of January 1842 before me. John M. Thompson, Surrogate County of Saratoga Surrogate Court In the matter of proving the last will and testament of Latham Coffin, deceased Judith Coffin of the Town of Providence in the County of Saratoga being first duly affirmed in open Court on her affirmation doth depose and say that she is a subscribing witness to the last Will and Testament of Latham Coffin late of the Town of Providence in the County of Saratoga aforesaid deceased. And this suponent further saith that the said deceased did in the presence of this deponent subscribe his name by making his mark at the end of the instrument which is now shown to this deponent and which purports to be the last Will and Testament of the said deceased and which bears date on the 22 day of November in the year one thousand eight hundred and forty one, that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be his last Will and Testament, that this deponent did thereupon subscribe her own name at the end of said instrument as an attesting witness to the execution thereof at the request of the said deceased and in his presence. That the said deceased at the time of subscribing his name to said instrument was upwards of twenty-one years of age; that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of this deponent: That Peleg Tabor and Harriet A. Coffin the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased, and in his presence, at the same time this deponent and the said Peleg Tabor and Judith Coffin respectively subscribed their names as witnesses to said instrument in the presence of each other. Judith Coffin subscribed and affirmed this 28th day of January 1842 before me. John M. Thompson, Surrogate And thereupon it appearing upon the proof so taken that the said Will was duly executed and that the testator at the time of executing the same was in all respects competent to devise real estate and not under restraint and the said Surrogate having required the oath of each person who received said instrument from the testator together with the oath of the person presenting the same for probate and having required pa______ly into the facts and circumstances and being satisfied of the genuineness and validity of the said will and no objection being made thereto. It is hereby declared and determined by said Court that the said instrument is the last Will and Testament of the said Latham Coffin, deceased by him executed and published in due form of law and that the same was duly attested by the witnesses whose names are thereto subscribed in the manner prescribed by law and that at the time of executing the same the said deceased was upwards of twenty-one years old, of sound mind and memory and not under restraint. And it is hereby ordered, adjudged and decried by said Court that the said instrument is the last Will and Testament of the deceased be admitted to probate and the last Will and Testament of Latham Coffin, deceased, relating to both real and personal estate pursuant to the act concerning the proof of wills to passed May 16, 1837. And it is furthered ordered that the last Will be recorded together with the proof thereof which said proof if herein before recorded and the said Will is in the words and figures following to it: I Latham Coffin of the Town of Providence, County of Saratoga and State of New York being of sound mind and memory do now make and ordain this, my last Will and Testament. Firstly, my will is that after my decease, my just debts be paid at the discretion of my executors hereinafter named. Secondly, I give to my beloved wife Hannah so much of my property as shall be in cash or notes together with one third part of all my property which shall remain after deducting the cash and notes as above; to have and use as much of the same as shall be necessary for her support and comfort and such of my children as shall be under the age of twenty-one years. Said property, cash and notes, however, is to be in the care of my executors and by them kept in its present form or sold, __ted, transferred or managed in any way which in their opinion shall be for the interest of my heirs and the comfort of my wife while she lives. Thirdly, out of the remaining two-thirds of my estate, I give to Samuel Jennings, son of my daughter Deborah Jennings, who is deceased the sum of twenty dollars, the same to be kept in the hands of my executors until the said Samuel shall have arrived at the age of twenty-one years, but if the said Samuel shall not be living at the time of my decease, the said twenty dollars shall be divided among my children as hereinafter provided. I also give to Maria Edwards, Harriet Ann Edwards and Henry C. Edwards, children of my daughter Abigail Edwards, who is now deceased the sum of fifty dollars to be equally divided among them or such of them as shall be living at the time of my decease. And if none of them be living at the time of me decease or if none of them shall arrive at the age of twenty-one years, the same shall be divided among the rest of my children as hereinafter provided for the rest of my estate. The said fifty dollars shall remain in the hands of my executors until the said children shall have respectfully arrived at the age of twenty-one years, but no interest shall be paid by them for use of the same nor for the use of the twenty dollars which I give to Samuel Jennings. Fourthly, after deducting the above amounts and paying the expenses of settling my estate, I give to my daughters Hannah Coffin, Judith Coffin and Harriet Ann Coffin the sum of twenty-two dollars each in addition to what they have already had to make them equal with the rest of my daughters. Fifthly, I give the residue of my estate after deducting the money and notes and one-third part of the rest of my property which I give to my wife, the twenty dollars, the fifty dollars and the sixty-six dollars to my children, namely Ruth Hall, Peleg Coffin, Ruby Wait, Hannah Coffin, Susannah Cady, Polly Matthews, Loretta Burnap, Judith Coffin and Harriet Ann Coffin and Latham Coffin Jr. to be divided among them equally or part in part alike to by held by them and their heirs and assigns forever. Sixthly, after the death of my of my wife, Hannah, if anything shall remain of what I had given to her, the sum shall be divided equally among my children to same as the rest of my estate. Seventhly, I hereby give unto my executors power to sell all of my property both real and personal either at public or private sales or any part thereof as shall in their opinion be for the best interest of my heirs. Lastly, I make and ordain my sons, Peleg Coffin, Latham Coffin and my son-in-law Reuben Wait to be my executors to this my last Will and Testament making null and void all others heretofore made. In witness whereof I have hereunto set my hand and seal this 22nd day of November in the year of our Lord one thousand eight hundred and forty-one. Latham Coffin. Signed and sealed, published and declared by the above-named Latham Coffin to be his last Will and Testament in presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. Peleg Tabor, Judith Coffin, Harriet Ann Coffin I certify the foregoing to be a true record of the last Will and Testament of Latham Coffin, deceased, relating to both real and personal estate and of the proofs and examinations in relation to the execution of the same taken before me on the 28th day of January 1842. John M. Thompson, Surrogate.