PROBATE: Joseph Berry; Groton, Tompkins co., NY surname: Berry, Beardsley, Stuart, Chaffee, Bull, Bennett, Eaton submitted by Sharon Jones (sharon.jones34 @ gte.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Letter of Testamentary The Following are the court documents pertaining to the estate of Joseph BERRY which includes his heirs. In the matter of the Estate of Joseph Berry deceased. To the County Judge of Tompkins County: The petition of Benjamin Berry of Groton in the County of Tompkins and State of New York respectfully shows that he is the brother of Joseph Berry late of Groton aforesaid deceased and is the executor appointed by the last will and testament of said Joseph Berry deceased. Your petitiioner further shows that said Joseph Berry died a natural death at Groton aforesaid upon the 8th day of November instant and left his last will and testament in writing devising certain interests in his personal estate and also a life interest in his real estate to his widow in lieu of dower and that said Joseph Berry was at and immediately before his death a resident of Groton aforesaid and left a widow, heirs and next of kin him surviving whose names and places of residence are as follows to wit: Betsey Berry of Groton aforesaid widow of said deceased Benjamin Berry your petitioner Luther Berry of Groton aforesaid Joanna Beardsley widow of Chancey Beardsley deceased of Cortlandville, Cortland Co, NY the brothers and sister surviving him the said deceased. The said deceased left no children or father or mother him surviving but left children of deceased brothers and sisters as follows. John L Stuart of Kent, Litchfield County, CT Ann Elisa Stuart of same place Caroline Stuart of same place Arittee wife of Jerome Chaffee of Sharon, Litchfield County, CT all children of Melinda Stuart deceased a sister of said deceased Joseph Berry Also Lemuel Bull of Kent aforesaid Frederick Bull of same place Phebe wife of James Bennett of Pine Plains, Duchess County, NY children of Lois Bull deceased a sister of said testator. That Sarah Bull sister of Lemuel & Frederick aforesaid married one Reuben Eaton and is deceased and left as deponent is informed some minor children residents of Kent aforesaid whom names deponent has never learned. Your petitioner therefore being advised that the Surrogates Court of Tompkins County has jurisdiction to issue letters testamenting prays that such letters may issue to him and that citations may issue to the widow, heirs and next of kin in manner and form as by law required Benjamin Berry Tompkins County : Benjamin Berry the above named petitioner being duly sworn says that he has heard this petiton read and that the same is true of his own knowledge except as to matters which are ----- stated upon information & belief and as to such matters he believed it to be true. Sworn before me Benjamin Berry this 23rd day of Nov 1853 D Boardman Tompkins County Judge Surrogate's Court---Tompkins County In the Matter of Proving the Last Will & Testament of Joseph Berry, deceased. I, Harvey A Dowe of Ithaca, Tompkins County, Attorney at Law, do hereby consent to be appointed by the County Judge of the said county of Tompkins, the special guardian for the children of Sarah Eaton deceased, wife of Robert Eaton, whose names are unknown of the heirs and next of kin of Joseph Berry deceased, for the sole purpose of taking care of the interests of the said minors in this matter, and I consent to serve as such special guardian. Dated this Nov 23, 1853 H A Dowe The People of the State of New York, To the heirs, widow and next of kin of Joseph Berry late of the town of Groton, Tompkins County, deceased and especially to John L Stuart, Ann Elisa Stuart, Caroline Stuart , Lemuel Bull & Frederick Bull of Kent, Aritta wife of Jermone Chaffee of Sharon in the county o fLitchfield and State of Conn, & Phebe wife of James Bennet of Pine Plaines, Duchess County, New York. Whereas, Benjamin Berry executor named in the last Will and Testament of Joseph Berry deceased, has applied for the proof of the Will of said deceased, relating to both real and personal estate- You are therefore cited and required to appear before me, if you see fit so to do, at my office in Ithaca, in the county of Tompkins, on the 5th day of January 1854 at ten o'clock in the forenoon, of that day, to attend the proof of said Will. Witness my hand and seal this 23rd day of November 1853 D Boardman, County Judge Filed Jany 5, 1854 State of New York, County of Duchess, Lemuel P Bull being duly sworn says that he duly served a copy of the written citation upon John L Stuart, Ann Elisa Stuart & Caroline Stuart & Frederick Bull of Kent, Conn. upon the 7th day of Dec 1853, and upon Aritta wife of Jerome Chaffee of Kent upon the 7th day of Dec 1853 and upon Phebe wife of James Bennet at Pine Plains upon the 8 day of Dec 1853 by delivering to and leaving with each of them the copies thereof & admit due service for himself. Sworn before me this 8th day of Dec 1853 Attest, LEMUEL B. BULL John Jay Losea, Judge State of New York, County of Duchess, John Berry being duly sworn say that he duly served a copy of the written citation upon Joanna Beardsley of Cortlandville, Cortland County Dec 12 day 1853 Summitville January 4th 1854 ----------- Appeared before me, John Berry, and on the ------------ the above affadvit William Ingraham Justice of the Peace The People of the State of New York, To the Heirs, widow and next of kin of Joseph Berry late of the town of Groton, Tompkins County, deceased and especially to Betsey Berry, Luther Berry of Groton afore said, Joanna Beardsley of Cortlandville, Cortland Co, John L Stuart, Ann Elisa Stuart, Caroline Stuart, Lemuel Bull, Frederick Bull of Kent, Litchfield County, Connecticut, Aritta wife of Jerome Chaffee of Sharon, Connecticut, Phebe wife of James Bennett of Pine Plains, Duchess Co, NY & Harvey A Dowe, special guardian of the minor children of Sarah, wife of Reuben Eaton, deceased the names of said minor children being unknown which said minors reside in Kent, Connecticut. Whereas, Benjamin Berry executor named in the last Will and Testament of Joseph Berry deceased, has applied for the proof of the Will of said deceased, relating to both real and personal estate- You are therefore cited and required to appear before me, if you see fit so to do, at my office in Ithaca, in the county of Tompkins, on the 5th day of January 1854 at ten o'clock in the forenoon, of that day, to attend the proof of said Will. Witness my hand and seal this 23rd day of November 1853 D Boardman, County Judge Will of Joseph Berry cit. Filed Jany 5, 1854 We hereby admit due personal service of a copy of the written citation at Groton, Tompkins County, NY this 1st day of December 1853 Betsey Berry Luther Berry Tompkins County: Benjamin Berry of said County being duly sworn says that he saw the said Luther Berry subscribe his name to the foregoing admission of service on the day of the date thereof & that he signed the name of the same Betsey Berry to the daid admission at the same time at her request and that he knows the said Betsey & the said Luther to be the individuals so named & described in the written citation. Sworn this 5th day of Benjamin Berry Jany 1854 before me D Boardman County Judge Will of Joseph Berry, orig proof, Filed Jany 5, 1854 At a Surrogate's Court, held for the County of Tompkins, at the office of the County Judge of the said county, in the village of Ithaca, on the 5th day of January in the year 1854 Present D Boardman County Judge. Benjamin Berry executor named in the last Will and Testament of Joseph Berry late of the said county, deceased, appeared and offered the said WIll for Probate, and made satisfactory proof that the citation issued to the widow Heirs & next of kin to the said deceased, had been duly served; and which citation has been returned and filed: and thereupon An Instrument, purporting to be the last Will and Testament of Joseph Berry bearing date the 1st of July in the year 1852 was produced in court, and shown to each of the persons sworn as witnesses, as herein after mentioned. Ebenezer S Marsh of the town of Groton in the county of Tompkins being first duly affirmed, deposeth and saith that he was acquainted with the above mentioned Joseph Berry deceased in his life-time; that he saw the said Joseph Berry deceased subscribe at the end thereof the insturment now shown to this deponent, purporting to be the last Will and Testament of the said Joseph Berry and above decribed; that he heard the said Joseph Berry declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said Joseph Berry that the said Joseph Berry was at the time, in the opinion and belief of this deponent; of sound mind and memory- and not under any restaint; and that he was about 67 years of age; that he died on or about the 9th day of November in the year 1853, and was a resident of the town of Groton in the county of Tompkins at the time of his death. E S Marsh Francis Woods of the town of Groton in the county of Tompkins being first duly affirmed, deposeth and saith that he was acquainted with the above mentioned Joseph Berry deceased in his life-time; that he saw the said Joseph Berry deceased subscribe at the end thereof the insturment now shown to this deponent, purporting to be the last Will and Testament of the said Joseph Berry and above decribed; that he heard the said Joseph Berry declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto in the presence and at the request of the said Joseph Berry that the said Joseph Berry was at the time, in the opinion and belief of this deponent; of sound mind and memory- and not under any restaint; and that he was about 67 years of age; that he died on or about the 9th day of November in the year 1853, and was a resident of the town of Groton in the county of Tompkins at the time of his death. Francis Woods Benjamin Berry being duly sworn says he found the will in the testators trunk after his decease & kept the same in his possession until it was handed to the County Judge, that said will is in the same condition as when found by this deponent. Benjamin Berry