Transcribed by Robert Baldwin |
Will of Aaron Baldwin,Jr.
PROVED WILL OF AARON BALDWIN, JR. In the matter of proving the last will and testament of Aaron Baldwin, Jr. DECEASED To George H. Starkweather Surrogate of the County of Otsego. The Petition of
Hiram Baldwin and Henry William Baldwin respectfully sheweth, That Aaron Baldwin Jr. lately died at Middlefield on or about the 29th day of
October 1838 having previously duly made and published his last Will and
Testament of Real & Personal Estate whereof he did therein and hereby appoint
your petition, the Executor. that the said Aaron Baldwin Jr. left goods
chattels rights and credits in the County of Otsego by means whereof, as
your Petitioner, have been informed, and believe the Surrogate of the said
County. has sole and exclusive power to take the proof of the said last Will
and Testament, that the said deceased left a widow Harriet Baldwin. who
resides in Middlefield & the following heirs at Law to wit. Aaron Baldwin.
Henrietta Baldwin. Almarin Baldwin. German Baker Baldwin. Philander E. Baldwin
and Philo S. Baldwin. Harriett Jane the wife of Joseph Coats. all of Middlefield
Otsego County. Mary Ann the wife of George Crocker of Niacldonville Wayne County.
The said Jane wife of Joseph Coats and German Baker. Philander E. and Philo S.
being under twenty one years of age and your Petition, being desirous that the
said Will should be admitted to proof, the Letters Testamentary thereon be
granted to them Your Petitioner, therefore pray a citation issuing out of and
under the Seal of this Honorable Court, requiring the said above named persons
personally be and appear when and where this Court may direct, to oppose or
support as may see fit, the Probate of the said last Will and Testament. And your Petitioner will ever pray, & C. Hiram Baldwin Henry Wm. Baldwin County of Otsego ss. Hiram Baldwin and Henry William Baldwin of
Middlefield being duly sworn depose and say, that the matters set forth in
the foregoing Petition are true, to the best of their knowledge, information and belief Sworn this 2d day | Hiram Baldwin of November 1838 before me | Henry Wm. Baldwin Geo. A. Starkweather SURROGATE In the matter of Proving the last Will & Testament of Aaron Baldwin Jr. Petition and affadt. Filed 2d Nov. 1838 STATE OF NEW YORK | ss.The People of the State of New York, By the Otsego County, | Grace of God Free and Independent: To Eliza Jane Cap, & Robert Campbell WE COMMAND YOU, and each of you, that all and singular business and excuses being laid aside, you personally be and appear before our Surrogate of the County of Otsego, on the Seventh day of December next at ten o'clock in the fore noon of that day, to TESTIFY all and singular that you know, in the matter of proving the last will & Testament of Aaron Baldwin Jr. deceased, now depending before our said Surrogate at his office in Cooperstown., and hereof fail not, under the penalty of Two Hundred and Fifty Dollars.
Witness, Geo. H. Starkweather Esquire, Surrogate of our said County of Otsego,
at the Village of Cooperstown the 2d day November in the year of our Lord one
thousand eight hundred and thirty eight Geo. H. Starkweather Surrogate. In the Matter of proving the last will & Testament of Aaron Baldwin Jr. Subpeona Bring this back (outside cover lists witnesses for Testate) Aaron Baldwin Sen Experience Baldwin Joshua Lobdell Charles Hull Peter L. Nellis Joseph W. Reynolds Frances Law Shaw Hiram Denton Wymon Masewell Frances Richmond Amory Badeau Clark D. Pasale Jeramiah Barker Dewit Davis Gersham Bostwick Hiram Bostwick Isaac J. Sibley Thomas Shaw E S Abbott AARON BALDWIN, SEN., WITNESS IN TESTAMONY FOR AARON BALDWIN, JR.
Aaron Baldwin Sen being sworn says he is the Father of Testator wit.
lives within about a mile and a half of Testators residence, saw him
during his last _______, first time was Monday previous to making his
will witness saw him again Tuesday, the day the will was made. Wit
had no doubt but that he was as regular as he ever was both days.
never entered wit. mind that Testator was not in his right mind.
Witness talked with him ______ not must it was hard for him to talk.
He _____ had sometimes ______ would ask him how he did and other
times he would so and look at him. Wit went into the room on
Tuesday
siad Mr. Campbell then. Testator was sitting up. Wit don't recollect
that he spoke to Testator then he offerd. to ________ and soon went
to bed thinks he spoke to him that day. His throat was sore & he did
not talk with him much when he asked him how he did sometimes he
would say he was better. Mr. Campbell was there before wit. Mariah Campbell Daughter of wit.
came then in the afternoon. Wit can't say how many times he went into
the room that day, says he was in twice thinks he was not in with
wit. Daughter, says he did speak to his son that day. never told any
person he did not speak to him that day.
Wit. said to him you are in a ______. Testator too said yes don't
recollect of saying any thing more to him that day ____ wit. did not
ask Testator on Tuesday whether he had made his will ____ don't
recollect that he asked Testator on Tuesday whether he had givin
wit. any thing. Witness is certain he went into Testators room twice on Monday,
perhaps more. won't say. Wit. said to Testator: you are sick,
Testator said yes Witness memory has failed him. thinks he could not
recollect to morrow the questions put to him to say by the ________.
Witness was at Testators most every day in the week after the will
was made wit. was ____ thing by the bed of Testator & he said I have
no property. wit. says you have given away. Testator said yes. Wit
then asked him what he had given, and asked him to see what he would
say. Testator said nothing and you will never get any thing ______
_______ it out of the ________. Direct Witness was seventy seven years old last February. So Hiram and Henry
wanted to know what wit. opinion was as to Sanity of Testator Sworn aforesaid the 8th of Dec. 1838 Geo. A. Starkweather Surrogate (sig) Aaron Baldwin EXPERIENCE BALDWIN, WITNESS IN TESTAMONY FOR AARON BALDWIN, JR. WILL
Experience Baldwin being sworn said that she is the Mother of
Testator. Wit. saw him on the day he made his will saw Mr. Campbell
there & wit took dinner with Mr. Campbell. Mr. Campbell got there
first. Wit. did not see or know of any thing _____ that Testator was
_____ that day. Wit. had but very little talk with him. asked him
how he did he either said he was sick or not any betterhe appeared
to be exhausted Wit. supposed he had been making his will he was
sitting up but lay down while. Wit. was in the room There was a man
came to buy a yoke of cattle one day & called upon Almarin & he went
in to see Testator he was asleep he was woked up and Almarin told him
there was a man there who wanted to buy six head of fat cattle & he
wanted five $135 for them Testator _______ up in bed & said if I had
a pen and ink I could tell in a minute & then Almarin said it was
$22.50 per head. Almarin said the man wanted to be trusted.
Testator said he had rather have the cattle in the field than note on
interest & Almarin told the man & he made out the money as wit. understood. Wit. was seventy years old in August last. Wit. told that all the faculties fail together Wit. won't remember half as well as she used to except things then. Wit. says _____ attention to that judgement of wit. has failed in a
____ _____. Thinks the will had not been signed when Testator lay down.
Thinks it was before dinner. her Experience V Baldwin mark Sworn before me this 8th day of Dec. 1838