Wayne County ,Macedon NyArchives Wills.....Peters, Barnet September 5, 1837
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File contributed for use in USGenWeb Archives by:
Karl Hillig http://www.genrecords.net/emailregistry/vols/00020.html#0004752 October 2, 2011, 2:25 pm

Source: Sampubco
Written: September 5, 1837

The last will and testament of Barnet Peters of Macedon in the county of Wayne State
of New York made and 
completed this fifth day of the ninth month correct [?] September in the year one
thousand eight hundred and 
thirty seven as follows, that is to say, firstly I give and bequeath to my grand
daughter Mercy Cole fifty 
dollars.  Secondly I give and bequeath and devise [?] to my three sons Henry Peters,
Barnet Peters and Emmer 
Peters and their heirs and assigns forever all the remainder of my estate on
condition of their paying to my 
grand daughter above named the fifty dollars above mentioned.  Thirdly, I hereby
ordain, constitute [?] and 
appoint my friends Ira Lapham and William S Lapham executors of this my last will
and testament.

Additional Comments:
The microfilmed copy of the will is difficult to read.  

Apparently Barnet had two deceased daughters, Mary (wife of Nathaniel Cole) and
Clarinda (wife of Henry 
Cook), and a third daughter Achsah (wife of Eli Eastman), who had families in
Michigan, as well as a 
daughter Lydia (wife of Walter Johnson), that were not included in the will. 
Neither was his second wife, 
Jerusha Seaman.  Thus, there was some question as to whether Barnet was of sound
mind when he 
composed the will, and the testimony of several witnesses who interacted with him
around the time the 
will was written was obtained.  As far as I can discern, the judge concluded that
the will was indeed valid.  

Below is my best attempt at transcribing the initial surrogate court proceedings in
which the validity of the 
will was called into question.  

The witnesses all of Macedon aforesaid --- in surrogate court held at the town of
Lyons in the County of 
Wayne on the fifteenth day of October, one thousand eight hundred and thirty eight,
before Lyman 
Sherwood our --- of such county, for the purpose of proving and --- the last will
and testament of Barnet 
Peters, deceased, persuant to --- concerning the proof of --- May 16 1837 on the
application of Ira 
Lapham and William Lapham, executors in the said will named.
   Ira Lapham and William Lapham the applicants appeared in proper [?] person.
  Lydia Johnson the wife of Walter Johnson viz the said Walter Johnson, Henry
Peters, Barnet Peters Junior, 
and Emmer K Peters heirs of the said deceased also appeared in proper person. 
Durfee Osband the special 
guardian of Cynthia Cook, -ollena [?] Cook, Lydia Cook, Henry Cook Junior, Sarah
Jane Cook, Polly Cook, 
Mercy Ann Cole, Seth Cole, Benjamin Cole, Nathaniel Cole, Walter Cole and Barnet
Cole, minors, also 
appeared in the personal behalf of the said minors, that Jerusha Peters the widow of
the said Barnet Peters 
deceased, and Axy [?] Eastman the wife of Eli Eastman, one of the heirs of the said
deceased did not 
appear but made default.
   Due proof was then exhorted [?] of the service of the --- on this application of
all the heirs, next of kin 
and widow of the said deceased as prescribed by law which such proof in --- in this
office of the --- 
surrogate.
   The said William Johnson on the part and behalf and in right of the said Lydia
Johnson gave notice that 
he should test the validity of said will and requested an adjournment for the
purpose of procuring the 
attendance of witnesses and gave cause for adjournment being shown by the oath the
of the said Walter 
Johnson it is ordered that the proceedings aforesaid in adjurance to the twenty
sixth day of November 
next, at ten oclock in the forenoon --- the offices of the such surrogate in
Lyons aforesaid.
















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