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1779 - 1845 |
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1779 - 1845 |
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Proving The Last Will and Testament of Caleb Potter (1779 - 1845) Filed at the Surrogate Office in Cooperstown, Otsego Co., NY The following was transcribed by Warren R. Potter on 24 Jan 2007 from the records filed.
The following 'marks' were of my choosing to indicate various troubles I had deciphering
some words or wording. Mark Meaning * No previous knowledge of a person of such (or simular) name ^ normal symbol indicating the addition of words after following words
were written. The added words follow the symbol in smaller sized type. (sic) My indication that the previous word (words) are as written, even
if they are erroneous or of no sensible meaning. (????) Indicates a word that I could not decipher It is obvious that the copy in the Surrogate Office were made by hand copying from the
originals and that some errors had crept in but they do not change the overall meaning.
Spellings, as shown, are as in the Official File Copy Warren Robert Potter (24 Jan 2007) Bk 7 Pg 427 In the matter of proving the Last Will & Testament At a Surrogates Court held at the of Caleb Potter deceased Surrogates Office in the Village of Cooperstown in & for the County of Otsego on the 29th day of December 1845 Present Schuyler Crippen Surrogate Pg 428 On the day and at the place aforesaid David M. Hard the Executor named in the last Will
& Testament of Caleb Potter late of the Town of New Lisbon in the county of Otsego deceased
appeared in open court before the said Surrogate and offered the said will of the said
deceased for Probate and by his Petition duly verified by his oath made satisfactory proof
to the said Surrogate that the said Caleb Potter died on or about the 1st of November 1845
at the Town of New Lisbon in said County having Real & Personal Estate in said County and
that the said deceased left a Widow and the following named persons his Kins at Law & next
of kin to wit - Sarah Potter Widow of the Deceased, Honeyman Potter, of New Lisbon, Otsego County, Joshua
Potter of Constantia, Oneida County, Andrew Potter and Phebe Potter wife of David Potter
of Clarendon, Vermont, Olive Harrington of Kalamazo, Michigan, Thomas Eldred and Electa
Eldred his sister, Relpell* Potter, Clark Potter, William Potter^son of William Potter
deceased^, George Potter, Solomon Potter, and Sally Potter whose places of residence are
unknown. Where upon on reading & filing said proof it is ordered tha a Citation ipece*
directed to the said Widow, Heirs at Law, and next of kin of said deceased requiring
them to be & appear before the said Surrogate at his Office in the Village of Cooperstown
in said County of Otsego on the 16th day of March 1846 at ten O'clock in the forenoon of
that da to oppose or support as they may see fit the Probate of the said Will of the said
Caleb Potter deceased, and that said Citation be served and published according to Law. In the Matter of proving the last Will & Testament At a Surrogate Court had for of Caleb Potter deceased the County of Otsego at the Surrogates office in the Village of Cooperstown on the 16th day of March 1846 Present
Schuyler Crippen surrogate On the day and at the place aforesaid David M Hard the Executor named in the Last
Will & Testament of the aforesaid Caleb Potter deceasec appeared before the said Surrogate
in open Court ^ and made application for an adjournment^ and thereupon produced satisfactory
proof that the Citations heretofore (?????) in this matter had not been Pg 429 served upon all the Heirs at Law of the said deceased & that the same has not been returned,
which said proof is in the words and figures following; that is to say - In the Matter of proving the Last Will & Testament of Caleb Potter deceased Otsego County for David M. Hard Executor in said Will named
being sworn says that the Citation issued in the above matter returnable this day before the
Surrogate has not been served on Joshua Potter of Hastings to the knowledge of this deponent
as the same has not been returned to this deponent by the person to whom it was delivered by
this deponent for service on said Joshua Potter ~ This deponent for the above reason is not
now prepared to proceed with the proof of said Will and prays a new Citation to the said
Joshua Potter, returnable on the 9th day of April next ~ Subscribed & Sworn the 16th day of March 1846 before me D.M. Hard Schuyler Crippen Surrogate Whereupon on reading & filing said proof it is ordered that this matter be adjourned to the
9th day of April 1846 and also that a new Citation isued to the said Joshua Potter requiring
him to be & appear before the said Surrogate at his office in the village of Cooperstown in
said County of Otsego on the 9th day of April 1846 at ten o'clock in the forenoon of that day
to oppose or support as he may see fit the probate of the said Will of the said Caleb Potter
deceased; and thereupon such new Citation issued accordingly ~ In the Mater of proving Schuyler Crippen Surrogate the Last Will& Testament of Caleb Potter deceased At a Surrogate Court held for the County of Otsego
at the Surrogate Office in the Village of Cooperstown on the 9th day of April 1846 ~
Present Schuyler Crippen Surrogate On the day & at the place aforesaid David M Hard the Executor named in the Last Will &
Testament of Caleb Potter deceased Pg 430 appeared & returned the Citation heretofore isued in this matter to the Widow and Heirs at
Law of the said deceased and also the new Citation heretofore isued to Joshua Potter one
of the Heirs at Law of the said deceased and then & there made due proof of the personal
service of said Citations in due time on the said Widow and the several Heirs at Law of
the said deceased and also of the publication of said Citation, that such service was made
in conformity to the Statute in each case made & provided; on reading & filing said proof
in the Office of the said Surrogate; it is ordered that the said Executor have leave to
proceed with the proof of said Will of the said deceased ~ And thereupon Levi S. Chatfield
Esquire Counsellor at Law - appeared in behalf of the Heirs at Law of the said deceased to
oppose the proof and to contest the Execution thereof in conformity to Law ~ And also E. B.
Menehouse Esquire Counsellor at Law appeared on behalf of the Executor to sustain the
Execution & proof of said Will ~ And thereupon the subscribing Witnesses to the said Will
were produced & sworn & examined by & before the said Surrogate and testified as follows,
and the following proofs were had in the matter; to wit ~ In the Matter of proving the Last Will & Testament of Caleb Potter, Deceased Otsego County (??) Be it Rememberted, that on this 9th day of
April in the year of our Lord one thousand eight hundred and 46 before Schuyler Crippen
Surrogate of the County of Otsego personally appeared Sylvester Gardner who being by the said
Surrogate duly sworn and examined, doth depose and say that this depondent was well aquainted
with Caleb Potter deceased, that he was present as a witness and did see the said Caleb Potter
deceased subscribe at the end thereof the Instrument now produced and shown to this deponent,
perporting to be the Last Will and Testament of the said Caleb Potter deceased bearing the
date the 17th day of September in the year of our Lord one thousand eight hundred and fourty
five that such subscription was made by the said Yestator in the presence of this deponent;
That the testator did not declare whether the Pg 431 Instrument signed by him was his Will or not. he did not say in my presence ~ I do not
exactly know what his state of mind was, he appeared to have his senses, nothing was said
to the knowledge of the witness in the presence of the testator that the instrument was the
will of the said testator. I was not long present at the place of Executing said will at the
time of it's execution the testator was of full age, he was not inside any restraint to the
knowledge of the witness at the time of Execution of said Will Sylvestor Gardner Cross Examination ~ The said witness testified; that the testator had not signed the
paper at the time I got there, he was an uncle of mine - I cannot
tell his age, I cannot tell how long it was before he died that he signed the will~ I should
think it was a week or two, he was buried the day before Election lasr November ~ I get
nothing under the Will - I do not remember of hearing the deceased say a word that day, I
cannot tell that anyone lifted him up to sign the Will - I believe he was bolstered upon the
bed when he signed the Will - Doct Tuttle took hold of testators hand and placed it for
him to make his mark and steadied his hand - the Doctor put the pen into his fingers and the
deceased asked whether any ink was in it, and put it down towards the paper, and the Doct
afterwards took hold of his hand, he was not asked to do it - I was at his house during his
last sickness - I think he was sick about 3 weeks - The deceased left somewhere near 9 or
10 hundred dollars. my father & brother each got 110 dollars by the will - I was in
frequently when the deceased was sick, sometimes he was deranged and at other times he was
sane ~ I could not exactly tell whether he was crazy or rational at the time he signed his will,
he was much reduced and weak. I have never said he was (????) & incapable of making a will &
Benjamine Gardner came up to dispose of the cattle deceased a short time before drawing
the will . [Transcriber note: the words following "Benjamine Gardner" and the end of the
previous sentence are as written, even though they do not make sense] - I suppose the
deceased was between 60 & 70 years old at the time of his death. Subscribed & sworn on the 9th day of April Sylvester Gardner 1846 before Schuyler Crippen Surrogate Pg 432 In the matter of proving the last Will & Testament of Caleb Potter Deceased Otsego County (???) Be it Remembered, that on this
9th day of April in the year of our Lord one thousand eight hundred fourty six before
Schuyler Crippen Surrogate of the County of Otsego, personally appeared Benjamin C. Gardner
who being by the said Surrogate duly sworn and examined doth depose and say, that this
depondent was well acquainted with Caleb Potter deceased, that he was present as a witness,
and did see the said deceased subscribe at the end thereof the Instrument in writing under
seal now produced and shown to this depondent, purporting to be the Last Will and Testament
of the said Caleb Potter deceased, bearing date the 17th day of September in the year of our
Lord one thousand eight hundred and fourty five That such subscription was made by the said
deceased in the presence of this depondent; after signing the will Doct Tuttle told deceased
that he must repeat after him and took his deceased finger and placed it on the seal of the
Will, and Tuttle commenced and repeated a few words, and the deceased did not repeat after
him, and Tuttle then told him again he must say after him, and Tuttle then went on and would
state 2 or 3 words at a time and the deceased would repeat after him; The worrds repeated
were I declare this to be my last Will and Testament or words to that account - I have always
known the deceased, there appeared to be a lack of mind, he appeared to not sense but little,
I do not know that I saw any evidence of a derangement of mind - The other two witnesses
signed their names to the Will in my presence- I do not know the day on which the Will was
signed, he was buried the day before the Election in November last- I should think he died a
week or so after making said Will~
Benjamin C. Gardner ~ Pg 433 Cross Examination by M. Chatfield I had some agency in selling stock belonging to the deceased, it was sold
on the same day as executing the Will- I went down to aid in selling the cattle, the Drover
had looked at the cattle, I went in to see the deceased, he wanted to know what I wanted -
I told him the offer made by the drover - he made no reply - I then again repeated to him
the offer made by the drover - he made no reply - I again said to him I must have an answer
for the Drover was going and he replied to me , go away, tell him to take them, or something
to that account - I went out and sold the cattle to the Drover for $2 dollars [sic] more
than he had offered and went back and told the old man I had saved him $2 by coming down
there, and he said it may be you have, or words to that effect - I did not tell him what I
had sold the cattle for - When I went up to see about the cattle Doct Tuttle was there - I
went home after selling the cattle - I afterwards went down to see the deceased on the same
day & did not go with the intention to witness the Will - Doct Tuttle was there then - When
I went there the Doctor wanted me to witness it - Doct Tuttle & Mrs. Potter talked about
having 3 witnesses to the Will - I spoke about having my wife come down to be a witness, The
Doctor thought they had better have men for witnesses - The Doctor then stept (sic) into the
other room to the bed where deceased was & spoke to him and asked him who he would appoint
his Executor - Deceased replied to him he did not want to hear anything about it or to go
away - The Doctor told him he must appoint one, and the deceased made the same reply to him -
The Doctor insisted he must appoint an Executor, and the testator told him he did not want
any fuss about it - The Doctor told him it was to save a fuss - During this conversation Mrs.
Potter spoke and told the Doctor to ask him if Mr. Hard would not make a good one, and the
Doctor asked the deceased whether Mr. Hard would not answer for his Executor; and
he answered he did not care anything about it - Doctor Tuttle then wrote the name of Mr.
Hard in the Will as Executor and then we got ready for the signing Pg 434 the Will - Mr. Sylvester Gardner was not present at the time of the above conversation but
came in afterwards - The Doctor told me to raise up the deceased - I told him he could do it
better than I could, I told him I could hold the Book and paper and he might raise him up,
which he did - I held the Book before this, the name of the deceased was written to the Will,
and before we went into the room where the deceased was sick - Doctor Tuttle put the pen in
the fingers of the deceased, and the Doctor pointed hi finger yo the place on the paper where
the deceased should make his mark, and tol him to make his mark right there, this he told
him two or three times, and deceased did not make it, I did not see that he stirred his hand
at all, and the Doctor took hold of his hand and carried his hand on to the paper - During
all this time the deceased did not say anything to the Doctor or any one else ^then present -
The deceased made no request at the time we were getting him up in bed to sign the Will -
I do not recollect of his saying any thing at that time - I did not hear any one speak to him
about getting up to sign the Will - I do not know that deceased changed the position of the
penafter it was placed in his fingers - I did not discover that deceased made any effort to
sign his name to the Will - He was not consulted about the Will in my presence except about
the Execution as before stated - The paper lay before the Testator at the time Doctor Tuttle
told deceased to repear after him - I did not hear him ask any person to sigh the Will as a
Witness - No one said any thing in the presence of the deceased while I was present about
witnessing the Will - After the Witnesses had signed the Will nothing was said to the deceased
about the said Will to my knowledge - I should not like to have trusted him with any business
at that time - I did not look upon him at the time as being capable of doing business - The
Will was (????) after selling the cattle as Pg 435 above stated, and on the same day or evening of selling them _I think I was in to see the
deceased about every day of his sickness, I gave him his medicines - I do not know that I
saw him at any time after he was taken down & confined to his bed that he was capable of
transacting business except on one day, and I can not say whether that was before or after
the execution of the Will - On the day of signing the Will the deceased was very weak and
debilitated, not capable of getting up, or setting up - I do not know what became of the
Will - Nothing was said by him while I was there about the contents of the Will, a part of
the time of his sickness he was able to take hold of the dish in which his medicines were
given him - The deceased was at times when he was sick slightly delerious, would talk about
things which had no existance - insisted he was away from home, and would speak about having
a large stock of Cattle when in truth he had but a few - He wanted me to take some of his
Cattle to winter for him and when I told him he had but one calf he appeared to be vexed and
insisted it was not so, that he knew better than that - Benj C. Gardner Direct Examination resumed I did not see the deceased on the day of signing the Will off of his bed -
I have not expressed an opinion that he was not in his right mind on that day of signing
his Will - The deceased was rather a singular man and would express himself different fom
other men - Generally appeared rather indifferent, and odd in doing business - I saw a lack
of (????) in deceased as if he did not realize what was going on in the room in the time of
signing the Will - I did not discover that he was crazy Benj C. Gardner The hand of the deceased was very tremulous and I thought he could not write his name at
the time of signing the Will - I do know that he generally had had a nervous difficulty or
trembling of his hand for a few years past - He wrote a plain hand and easy to be read - I
never saw any of Pg 436 his writing except his signature, and I never knew of his keeping a Book of Accounts or
writing a note Benjamin C. Gardner Cross Examination resumed - I think the deceased might have raised his hand to his head at the time he signed
the Will, he had strength enough to do so, and could have placed his hand in a position to
have signed his Will if he had chose to have done so - I have seen him sign other papers
and never discovered any indifference in him in closing bargins when he made them ~ Benjamin C. Gardner In reply to a question of the Surrogate, The witness Testified that from what he knew of the
deceased it was then and now is his opinion that he was not of sound mind and disposing
memory - That he had not sufficient mind left to make a disposition of his property
understandingly Benjamin C. Gardner On Direct Examination I have never made any threats, or said that I would break the Will or That it would
be broken, but have said I thought it would not be broken Benjamin C. Gardner Subscribed and Sworn this 9th day of April 1846 before Schuyler Crippen Surrogate In the Matter of proving the Last Will & Testament of Caleb Potter deceased Otsego County (???) Be it Remembered that on
this 9th day of April in the year of our Lord one thousand eight hundred and forty six
before Schuyler Crippen Surrogate of the County of Otsego, personally appeared Anson Tuttle
who being by the said Surrogate duly sworn and examined, dith dispose and say that this
despondent was well Pg 437 aquainted with Caleb Potter deceased, that he was present as a witness, and did see the said
deceased subscribe at the end thereof the Instrument now produced and shown to this depondent,
proporting to be the Last Will and Testament of the said Caleb Potter deceased bearing date
the 17th day of September in the year of our Lord one Thousand eight hundred and forty five
that such subscription was made by the said Testator at the same time declared the instrument
so subscribed by him to be his Last Will and Testament, whereupon this depondent signed his
name at the end thereof, as a witness but cannot say that it was done at the particular
request of the Testator - I drawed the said Will and on the day of drawing the Will it
was talked up between the Testator and his wife about his making his Will - I cannot say that
anything in particular was said about my witnessing the Will - Benjamin C. Gardner and
Sylvester Gardner and I think a Mrs. Barton were present - I understood that the business of
the (????) Gardners there at that time was to witness the Will, and they subscribed their
names thereto as witnesses it was in the presence of the Testator and with his knowledge that
they subscribed said Will as attesting Witnesses - The Testator was sane at the time of
Executing the Will and I believe he understood perfectly what he was about - He was
feeble _ The Will was dictated by the Testator and written by this deponent, and the
Testator (????) to the Will as having been written according to his directions - This
deponent kept the said Will from the time of its Execution until after the death of the
Testator, and the delivered it ti the Executor named therein Anson Tuttle Cross Examination of the above witness by L. Chatfield as Counsel for the Heirs at Law
- The witness testifies that the Testator died with a fever - He was confined sick about
four weeks previous to his death - I cannot tell the number of days he lived after making
the Will but think about one week. at times during his last sickness Pg 438 his mind was not perfectly clear - I mean by this that his recollection was not perfectly
clear at all Times - I think at times he was not capable of transacting hi business - His
wife first spoke about the Will on the morning of the day it was drawn by Witness - I think
he made suggestions about the making of his Will not in reply to questions put to him - I
cannot say that he made suggestions about his Will except in reply to questions put to him
either by his wife or myself - The wife of Testator has talked some to witnesses about his
making a Will - I drawed the Will according to the suggestions of the Testator - He stated
he would give to Caleb Potters sons each Fifty Dollars, this he stated of his own volition,
he would give to Gardner Potter son of Joshua Potter $200 and to David Gardner $100 - to
Allen Gardner $100 - The remainder to Lyman Gardner if any should be left - I think he said
none to one that (?????) about the Will or Legacies - We had other conversations but I cannot
recollect it all - The Testator was weak and feeble, could raise upon his elbows - The (???)
Gardners were not at the Testators house when witness returned with the Will as written, and
I read it to Testator before they came - I asked the Testator who he would have for an
Executor and he mentioned Mr. Hard - After the (????) Gardners came, the Testator did not
tell me to go away, he would not have anything to do withit, and that he did not wish to make
a Will - I did not request Mr Gardner to hold up Testator in Bed to Execute Will as I
recollect - I did not hold him up myself as I can recollect - A Book was laid before him to
write his name upon when he signed the Will - The Testator could write I believe, at the time
of signing his Will he had not power to write his name, and therefore made his mark - nothing
said particularly about his writting his name - I put the Quill into his fingers when he was
raised up in bed to sign the Will but he did not pull his hand away, at all, indicating
an intention not to sign the Will - I took Hold of his hand Pg 439 and placed it with the pen in a position to make his mark and with my strength the mark was
made - The Testator did not request me to make the mark or to take hold of his hand - He did
not request assistance from anyone in signing the Will - I do not remember that he said
anything about being raised up in bed - I do not know that he made an effort to sign the Will
until I took hold of his hand - He had The power of speach and might have asked assistance
to sign the Will if he chose so to do - I told him it was necessary for him to declare the
Instrument to be his Last Will & Testament, and I him (sic) to repeat after me - and I then
stated the following form - I publish and declare this to be my last Will & Testament and he
repeated the words after me - His wife was in and out of the room - I think she sent for the
(????) Gardners - I do not know that the Testator ever said a word to me about witnesses to
his Will - After he had signed his will I do not know as he said a word about any person
witnessing the Will He was not so exhausted as not to know what was going on in the room -
I think he looked up when the witnesses were signing the Will, his eyes were open - He was
not asleep ~ Anson Tuttle Subscribed & sworn before me the 9th day of April 1846 Schuyler Crippen Surrogate After the above testimony it was ordered by the consent of the Counsel for both
parties that the further hearing in this matter be adjourned to the 17th day of April
instant at ten o'clock A.M. at the office of the Surrogate On the 17th day of April 1846 - the Executor again appeared and the Contestants also
appeared pursuant to the adjournment Pg 440 of the above matter, by their Counsels Whereupon Sarah Barton was produced sworn & examined
as a witness on the (????) and behalf of the said Executor and testified as follows, to wit
~ I reside in New Lisbon and was aquainted with Caleb Potter deceased and have lived near
him within 1/4 of a mile of him 21 years - I do not recollect the month or day of the month
he died - I saw him during his last sickness - I was there when Doct Tuttle was talking with
him about his Will, it was in the forenoon - no other person was in the same room with the
Doctor and the deceased, but the door was partly open leading to the room where Mrs Potter
and myself were - I think Mr Potter was able to converse at that time, I heard the Doctor
say to Mr Potter you know that you can do nothing with that which he has a deed of - I heard
no reply to that by Mr Potter - I tho't Mr Potter appeared to be quite rational that day,
as much so as usual - I remained at Mrs Potters through the day - He set up some on tha day,
walked out of his beedroom into the kitchen with the help of Allen Gardner who held him by
the arm and aided him - I was there when the Drover came there for to purchase cattle - Mr
Potter then went out of his bedroom into the kitchen; it was in the afternoon - The Drover
came into the kitchen and asked whether they had any cattle to sell, and someone replied
that they had - He then went away to look at the cattle and while he was gone to look
at the cattle the deceased came out of his bedroom into the kitchen as before stated - While
there his wife said to him he had better go back to bed as it would tire him too much to set
up, and he replied that he wished to see to see (sic) the Drover before going to bed but
finally went back to bed before the Drover came back to the house - The Drover did not come
into the house until after^Benjamin Gardner came in and told Mr Potter that the Drover had
offered to give $35 for the Steers and $15 for the Cow, and then Mr Potter replied that he
had been offered that 6 weeks ago - Mr Gardner spoke and said what do you want for then?
and Mr Potter says go sell them as you are Pg 441 a mind to - Gardner then spoke and said I don't want to - I want you should say what you want
for them - and Mr Potter replied that Mr Hard said the Cow was worth $19, andGardner then
asked him if he would let the Cattle go if the Drover will give $17 for the Cow, and Mr
Potter said yes - Mr Gardner then left the room & went out doors, and soon he and the Drover
came into the kitchen, and the Drover paid $52 for the Cattle and handed the money to Mr
Gardner - He looked over the money and handed it to Lyman Gardner who resided in the family
- I spent the day at the House of the deceased, and he appeared to be better in the afternoon
of that day than he was in the morning and he appeared to be rational and capable of
understanding what was going on - I gave him his medicins through the day but one - I did not
see but he was capable of making a disposition of his property - he would raise himself up
in the bed when I gave him drinks,
and would himself take the bowl in his hand and drink, and talked rational whenever he spoke
upon any subject - I cannot tell how long this was before he died - It was about one week he
was taken sick - I cannot tell however how long it was from the time he was taken; it was in
the fore part of his sickness - He then then (sic) had not had any watches I did not see any
difference in his conversation on that day from what it usually was ~ Sarah Barton Cross Examination of the Witness - and the witness testifies that she left the house of
deceased on the day spoken of in her direct examination not far from sundown. I do not know
when the Will of deceased was signed - I was not there at the time - I did not tell anyone
on that day that deceased was not capable of making his Will - I did not hear the deceased
say anything about making his Will - The wife of ^(?????) Gardner was at the house of
deceased the afternoon I was there - I do not recollect how long she was there - I do not
recollect thatany thing was said by me or by any other person about the deceased making a
Will that afternoon while Mrs Gardner was present - I did not hear any thing said about
making a Will after the Doctor left there; he left not far from noon on that Pg 442 day; and I did not see him again on that day - I ^have stated all in my direct examination
which I now recollect of hearing said between the deceased & Benjamin Gardner about the
Cattle and about selling them to the Drover - I do not recollect the length of time the
deceased was sick before he died - I was sent for by Mrs Potter on the day I have been
speaking of & went up there at her request - This was the first I had heard of the sickness
of the deceased - After that I was in there several times during his sickness but not to
stay any length of time - I think I am quite confident tha I saw the drover there the first
time I went to the House ^after deceased was taken sick - I do not remember of seeing Doctor
Tuttle there at any other time - I know nothing about the making of the Will except what I
have before stated - I asked the deceased in the course of the day how he
felt and he
complained of having a headache, and I wet his head with (Cam????) after which he said he
felt better, this was the latter part of the day, and after he had been setting up and had
laid down again, the deceased at all times during the day whe I asked him questions gave
rational and correct answers - I saw nothing but what he talked rational~ Subscribed & sworn this 17th Sarah Barton day of April 1846 before Schuyler Crippen Surrogate Stukely Barton was called as a witness by the Executor and being duly sworn and examined by
and before the said Surrogate testified as follows, to wit - I was aquainted with Caleb
Potter deceased, lived about 1/4 of a mile from him, had been aquainted with him a number
of years; I did not see him many times during his sickness - It was a week or more after he
was taken sick before I saw him; I did not see him, I think after he was taken sick until
after he made his Will - The witness last sworn is my wife - I saw him a few days after my
wife spent the day with him A week Pg 443 before he died I watched him one night - He appeared to be composed and rational at that
time, he talkedsome about hi business; his wife told him he had not better talk much, it
might injure - When I watched with him he could raise up, and take his drinks, and would
take the dish and drink without assistance from it - I did not hear himsay any thing
irrational at any time during his sickness - I cannot ^precisely tel how long he was sick
- I think he was sick about 3 weeks - I should judge he lived near a fortnight after my
wife stayed a day with him - he died about the first of November, and was buried the day
before Election - The deceased was about sixty years old I should Judge when he died Stukley Barton Cross Examination (???????) I do not know when the deceased made his Will only from hearing - I did not enter
into conversation to him, such questions as he asked me I would answer - He spoke to me
about a note which I hold against him, I do not know how he came to speak of it - He also
spoke and said he believed he did not owe any to any taverns - In his younger days he had
been a frequenter of Taverns , but had not done so for the latter part of his life - He
had other conversation with me but I cannot now recollect what it was about - He appeared
anxious to talk but his wife was opposed to his saying much, and therefore he did not say
much ~ Subscribed and sworn this 17th day of April 1846 before Stukeley Barton Schuyler Crippen Surrogate Whereupon by agreement of parties the testimony is here closed and the further hearing of
this matter is postponed to the 25th day of April instant at ten o'clock A.M. On the 25th day of April 1846 the parties appeared in this matter before the said Surrogate
and in open Court agreed to submit the same to the Surrogate without argument of Counsel
- Whereupon the said Surrogate after carefully Examining the evidence in said case and duly
considering the Pg 444 same, do adjudge & determine the said Last Will and Testament of the said deceased was duly
Executed by him, and that he was of sound mind and disposing memory at the time of making
and executing said Will - The foregoing proofs & examinations taken before the said Surrogate
aforesaid at the times and places aforesaid and the depositions of the witnesses were by
them respectively subscribed after having been carefully read over to them, and the same are
duly filed in said Surrogate Office, I the said Surrogate do therefore order that the same
be admitted to Probate and Record as and for the Last Will and Testament of the Real &
Personal Estate of the said Caleb Potter deceased ~
In Testimony whereof I have hereunto set
my hand and affixed my seal of Office at
the Village of Cooperstown the 25th day of April 1846 Schuyler Crippen Surrogate Which said proofs are herin befoe Recorded and contained and the said Will so ordered to be
Recorded is as follows, to wit - Caleb Potter of New Lisbon. Otsego County and State of New York do make and ordain this my
Last Will and Testament, in manner & form following - namely - I give and bequeath to my dear and faithful Wife, Sarah Potter, all my personal Estate after
paying my just debts and funeral expenses, and the use of all my real estate during her
natural life. I give and bequeath to Gardner Potter son of Joshua Potter and Tabitha Potter,
two hundred dollars, I give and bequeath to each of the sons now living of Caleb Potter, son
of Joshua ^and Tabitha Potter above named, fifty Dollars - I give and bequeath to David
Gardner one Hundred Dollars. I give and bequeath to Allen Gardner, son of David Gardner
aforesaid, one Hundred Dollars- The sums given to the above named Gardner Potter, sons of
Caleb Potter, David Gardner and Allen Gardner, are to be paid from the avails of my real
Estate after yhe decease of the above named Sarah Potter - If my real Estate should Pg 445 not amount to a sum sufficient to pay the above legacies, then in proportion to the ammount
it may sell for, and if it should amount to a sum more than sufficient to pay them then such
overplus I give and bequeath to Lyman Gardner son of the aforesaid David Gardner - I nominate,
Constitute, and appoint, David M. Hard sole Executor of this my last Will and Testament,
herby revoking all former Wills by me made - In testimony whereof I have hereunto set my hand
and seal the seventeenth day of September in the year of our Lord one thousand eight hundred
and fourty five - his Caleb x Potter L.S. mark Signed, Dated, Published and declared, bt the said Testator Caleb Potter as and for his last
Will and Testiment, in the presence of us who have subscribed our names as witnesses thereto
in the presence of the Said testator - Anson Tuttle New Lisbon Benjamine C. Gardner New Lisbon Sylvester Gardner New Lisbon State of New York Otsego County for I Schuyler Crippen Surrogate of the County of Otsego
hereby certify that the foregoing Instrument was duly admitted to Probate and Record on the 25th day of April 1846 as and for
the Last Will & Testament of the Real Personal Eestate of Caleb Potter deceased ~ In Testimony whereof I have set my hand L.S. and ^afixed my Seal of Office at the Village of Cooperstown in the County of Otsego the 25th day of April 1846 Schuyler Crippen Surrogate I schuyler Crippen Surrogate of the County of Otsego certify that the foregoing is a true
Record of the proceedings had before me the said Surrogate in the matter of proving the Last
Will and Testament of Caleb Potter deceased ~ Schuyler Crippen Surrogate