WILL OF DANIEL BURR OF BUTTERNUTS, OTSEGO COUNTY, NEW YORK
OTSEGO COUNTY WILL BOOK 4, PAGE 136



At a Surrogate Court held at the Surrogate’s office in the Village of Cooperstown in 
& for the County of Otsego on the 16th day of October, 1839 before George A Starkweather, 
Surrogate



Daniel Burr, Executor named in the Last Will & Testament of Daniel Burr, late of the 
Town of Butternuts in the County of Otsego, deceased, appeared before the said Surrogate 
and presented the said will of the said Daniel Burr, deceased, for probate and made proof 
that the said Daniel Burr died on or about the 29th day of April, 1839 and that he was at 
the time an inhabitant of the said County of Otsego--- that the said Daniel Burr, deceased, 
left a widow Urania Burr who resides in the Town of Butternuts and the following heirs at 
law, to wit, Mary G. Davison, the wife of John R. Davison, Rachel Sweet, the wife of 
Lorenzo Sweet who resides in the County of Wayne in the State of Pennsylvania, Urania 
Horton, wife of Henry A. Horton near Camden in the State of New Jersey, Maria Burr, Amos 
A. Burr & Elizabeth Burr who reside in the County of Otsego, all of which are over the age 
of twenty-one years except Amos A. Burr & Elizabeth Burr, who are infants, and that the 
said will relates both to real and personal estate and whereupon it was ordered by the 
said Surrogate that Alonzo Hawley of the Town of Butternuts in the County of Otsego be 
appointed special guardian for said infants and it was ordered that a citation issue to 
the widow Urania and next of kin of the said deceased to appear before the said Surrogate 
at his office in the Village of Cooperstown on the 8th day of November next to oppose or 
support as they may see fit, the probate of said Last Will & Testament of the said Daniel 
Burr, deceased, which appointment of guardian is as following, to wit, 



The People of the State of New York to Alonzo Hawley of the Town of Butternuts in the 
County of Otsego, Greetings, much as Daniel Burr, Executor named in the Last Will & 
Testament of Daniel Burr, late of the County of Otsego, deceased, as is alleged, intends 
to make application to George A Starkweather, Surrogate of your County of Otsego to have 
the said will proven before the said Surrogate and recorded pursuant to the Statutes of 
the State of New York, and as much as it has been made to appear that Amos A. Burr and 
Elizabeth Burr, heirs of the said Daniel Burr, deceased, are minors, therefore the 
Surrogate aforesaid, pursuant to the power in me created by the said Statutes, in issuance 
of the order of my Court therefore made and entered do hereby appoint you, the said Alonzo 
Hawley of the Town of Butternuts in the County aforesaid, guardian for the said minors to 
take care of their interest in the [     ]  [     ]. Under the hand and seal of the office 
of the said Surrogate at Cooperstown in the said county the 16th day of October 1839. 



The Surrogate Court held at the Surrogate’s office in the Village of Cooperstown in and 
for the County of Otsego on the 8th day of November in the Year of Our Lord One Thousand, 
Eight Hundred and Thirty- nine before George A Starkweather, Surrogate
.



In the matter of proving the Last Will & Testament of Daniel Burr, deceased, the said 
Daniel Burr, Executor named in the said will appeared before the said Surrogate and brought 
into Court the citation issued in this matter and made proof of the due service of the same 
and thereupon the Surrogate was satisfied that the citation issued in this matter had been 
duly served according to the statutes in such case, made and provided. It was therefore 
ordered that the said Daniel Burr, Executor, have license to proceed to prove said will of 
said deceased and whereupon the following testimony was taken.



In the matter of proving the Last Will &         /


Testament of Daniel Burr, deceased,             /	ss  Otsego County


Be it remembered that on this Eighth day of November in the Year of Our Lord One Thousand, 
Eight Hundred and Thirty-nine, before George A Starkweather, Surrogate of the County of 
Otsego personally appeared Silas Hawley, who by the said Surrogate was duly sworn and 
examined in the issue and said that this deponent was acquainted with Daniel Burr, 
deceased, that he was present as a witness and did see the said Daniel Burr, deceased, 
subscribe at the end of the instrument now produced and shown to this deponent purporting 
to be the Last Will & Testament of said Daniel Burr, deceased, being dated the Second day 
of July in the Year of Our Lord One Thousand, Eight Hundred and Thirty-six, that such 
subscription was made by the said testator in the presence of this deponent. That the said 
testator at the same time dictated the instrument so subscribed by him, to be his Last Will 
& Testament. Whereupon this deponent subscribed his name at the end thereof at the request 
of the said testator, that the said testator, at the time of executing and publishing the 
said Last Will & Testament was of full age and sound mind and memory and not under any 
restraint.	

										Silas Hawley



Sworn and subscribed before me this 8th day of November, 1839. 


George A Starkweather, Surrogate




In the matter of proving the Last Will &     /


Testament of Daniel Burr, deceased,	        /	        ss  Otsego County


Be it remembered that on this Eighth day of November in the Year of Our Lord One Thousand, 
Eight Hundred and Thirty-nine, before George A Starkweather, Surrogate of the County of 
Otsego personally appeared Alonzo Hawley, who also by said Surrogate was duly sworn and 
examined, doth depose and say that this deponent was well acquainted with Daniel Burr, 
deceased, who sworn by the said Surrogate duly said that he was present as a witness and 
did see the said Daniel Burr, deceased, subscribe at the end thereof the instrument now 
produced and shown to this deponent purporting to be the Last Will & Testament of said 
Daniel Burr, deceased, bearing the date the Second day of July in the Year of Our Lord 
One Thousand, Eight Hundred and Thirty-six, that such subscription was made by the said 
testator in the presence of this deponent. That the said testator at the same time declared 
the instrument so subscribed by him, to be his Last Will & Testament. Moreover this 
deponent subscribed his name at the end thereof at the request of the said testator, that 
the said testator, at the time of executing and publishing the said Last Will & Testament 
was of full age and sound mind and memory and not under any restraint.

				Alonzo Hawley



Sworn and subscribed before me this 8th day of November, 1839.

 
George A Starkweather, Surrogate



In the matter of proving the Last Will &        / 


Testament of Daniel Burr, deceased,	           /		ss  Otsego County


Daniel Burr, being sworn saith that after the said will was executed by the said Daniel 
Burr, deceased, the same was handed to Nathan Taylor, who received the same, and that 
the said Nathaniel Taylor is now dead and this deponent saith that he received the said 
will from Nathaniel Taylor, the son of the said Nathaniel Taylor, deceased, in the month 
of May last and has had the same in his possession until he presented said will to the 
Surrogate for probate.	

					Daniel Burr



Sworn & subscribed before me this 8th day of November, 1839. 

  
George A Starkweather, Surrogate



Whereupon I, the Surrogate aforesaid, being satisfied of the genuineness & probity of 
the said will, do therefore order that the same be admitted to proof and for the Last 
Will & Testament of the real & personal estate of the said Daniel Burr, deceased, and 
that letters testamentary will duly be granted to Daniel Burr, Executor, named in said 
will on his taking and subscribing the oath of office prescribed by law. In testimony 
whereof we have caused the seal of our said Surrogate to be hereto affixed. Witness 
George A Starkweather, Surrogate of our said County of Otsego at Cooperstown in said 
county, the day and year just above.

 Witness George A Starkweather, Surrogate



In the Name of God, Amen


I Daniel Burr of Butternuts, County of Otsego and State of New York, being weak and 
feeble in body but sound in mind and memory do make and publish this my Last Will & 
Testament in manner following (that is to say) ---- First I give and bequeath to my 
beloved wife Urania one third of all my real estate, being the portion the law allows 
to her, so long as she remains my widow and whenever she ceases to be my widow, the 
said one third above mentioned is to return and remain the property of my son Daniel, 
and I further give to my wife Urania all my household furniture for her to dispose of 
as she shall think proper and fit so to do. Item --- I give and bequeath to my daughter 
Maria Burr Fifty Dollars in addition to what I have previously given to her. Item --- 
I give and bequeath to daughter Mary G. Davison Ten Dollars in addition to what I have 
given her heretofore. Item --- I give and bequeath to my daughter Rachel Sweet Ten 
Dollars in addition to what I have given her heretofore. Item --- I give and bequeath 
to my son Daniel all my property both real and personal, after my debts are duly 
discharged by his paying out to his brother and sisters such legacies and so much & at 
such times as are herein stated. Item --- I give and bequeath to my daughter Urania Burr, 
One Hundred Dollars, payable in four years after my decease. Item --- I give and bequeath 
to son Amos One Hundred Dollars and such a trade as he shall choose to be paid him in 
four years after my decease or when he shall arrive at age of twenty-one years. Item 
--- I give and bequeath to my daughter Betsy Burr One Hundred Dollars when she shall 
arrive at the age of twenty-one years or when she shall marry and it is further understood 
that all my daughters that is not married are to have a home at my house until such 
times as they shall marry, by enjoying the East Room and the bedroom adjoining the same 
and all the chambers over the south part of the house and all the [    ] under the south 
part of said house. Item --- I do hereby authorize and appoint my son Daniel Burr my 
Executor to see this my Last Will & Testament executed and to carry any particular 
[    ] into effect and I do further make and devise this and not others to be my Last 
Will & Testament and revoke all former and other wills which I have or might have made 
hereafter. In witness whereof I have set my hand and seal this twenty-second day of July 
in the Year of Our Lord One Thousand, Eight Hundred and Thirty-six. In presence of Silas 
Hawley Alonzo Hawley	

										Daniel Burr



State of New York,    /


Otsego County         /     ss


I certify that this witnessed written instrument was duly admitted to proof on the Eighth 
day of November in the Year of Our Lord One Thousand, Eight Hundred and Thirty- nine as & 
for the Last Will & Testament of the real and personal estate of Daniel Burr, deceased, in 
testimony whereof I have now unto set my hand and affixed my seal of office the day and year 
just above written.

  
George A Starkweather, Surrogate



State of New York,    /


Otsego County          /      ss


I certify the foregoing to be a true record of proceedings now before me in the matter of 
proving Last Will & Testament of real & personal estate of Daniel Burr, deceased, George 
A Starkweather, Surrogate