Oliver Judson
Transcribed by David Devin
November 2006


The will (close to the end) proves relationships for some Otsego County residents.
 
Transcribed by David Devin of a photocopy from Otsego County Surrogates Court 
records concerning the Estate of Oliver Judson, pages 228-234. The copy provided
by Suzan Friedlander to the transcriber on 30.August.2006. [page 228] At a Surrogates Court held at the Surrogates office in the Village of Cherry Valley in & for the County of Otsego, on the 2nd day of February, 1844. Before James Brackett Surrogate. Anson Judson, Executor named in the last will & testament of Oliver Judson, deceased, appeared, & offered said will for probate & and made proof by his Petition verified by oath & this day filed in the office of said Surrogate, that said deceased died at Otego in said County, on or about the 21st day of January 1844 leaving goods, chattels & credits, & real estate in said County, [page 229] that the following persons are the heirs at Law & next of Kin of said deceased; to wit: Rhoda Judson his widow, Anna Fair- child wife of Samuel Fairchild – the first named of Otego & the last of Otsego, all of the County of Otsego, Zera Judson of New Town, Fair- field County, Connecticut – Sally Crofut wife of Preston Crofut of Burlington, Vermont – Lewis H. Judson & Adelia Judson both of Oregon Territory – at Willamet Falls; Horace Gillett & James Gillett of Columbus, Ohio – Phebe Chapman wife of Daniel Chapman of Reading Fairfield County, Con- necticut – Whereupon, it was ordered, that a citation issue to the heirs at Law & next of kin of said Deceased, requiring them to be & appear before the Said Surrogate at his office in the Said Vil- lage of Cherry Valley on the 20th Day of March, 1844 to op- pose or support as they may see fit the probate of the said will of the said deceased – and it was also ordered, that said citation be published once in each week for six weeks suc- cessively in the paper published by the Printer to the State before the return day mentioned in said citation. James Brackett, Surrogate. At a Surrogates’ Court held at the Surrogates office in the Village of Cherry Valley in & for the County of Otsego, on the 20th day of March 1844. Before James Brackett, Surrogatae. In the matter of proving the last will & testament of Oliver Judson, Deceased. Anson Judson, Executor in Said Will named, appeared and brought into Court the Citation heretofore issued in this matter, & made satisfactory proof the due service of the same, whereupon the said Surrogate being satisfied that the same had been served according to the Revised Statutes in such case made & provided, it was ordered, that said Executor have leave to proceed to prove the said will of the said deceased; & thereupon the following proof was exhibited: In the matter of proving the Last Will & Testament of Oliver Judson deceased. Otsego County, fs. Be it Remembered, That on this 20th day of March in the year of our Lord one thousand eight hundred and forty four before James Brackett Surrogate of the County of Otsego, personally appeared Airbane L. Gates of Otsego who be- ing by the said Surrogate duly sworn & examined doth depose & say that this deponent was well acquainted with Oliver Judson late of the same place deceased, that he was present as a witness & did [page 230] see the said Oliver Judson deceased, subscribe at the end thereof the instrument in writing under seal now produced and shown to this deponent purporting to be the last Will and Testament of the said Oliver Judson deceased bearing date the seventeenth day of January in the year of our Lord one thousand eight hun- fred and forty four that such subscription was made by the said Oliver Judson deceased at the same time declared the Instrument so subscribed by him to be his last will & Testament: whereupon this deponent signed his name at the end thereof at the request & in the presence of the said Oliver Judson deceased: that the said Oliver Judson deceased at the time of executing & publishing the said last Will & Testament, was of full age, of sound & disposing memory, and not under any legal or moral re- straint : that from all the circumstances attending the execution of the said Will & the manner and conduct of the said Oliver Judson deceased at that time & both before & afterwards, this deponent entertains no doubt of the genuineness validity & authenticity of the said Will : and confidently be- lieves the said Instrument to be in verity what it purports to be the last Will & Testament of the said Oliver Judson deceased that this deponent saw Charles Taylor & Abiel B. Gates the other sub- scribing witnesses to the said Will, to him also well known sign their names as witnesses to the said Will at the end thereof at the request & in the presence of the said Oliver Judson deceased that the said Abiel B. Gates late of the said town of Otsego has since the execution of the said Will, died at that town: that the body of the said Will & every part thereof, except the signature of the witnesses thereto appears to be in the hand-writing of the said Oliver Judson deceased; & the said Will seems to be in the same state & condition it was in at & immediately after after its execution, not altered, mutilated or enlarged or in any way varied -- Aribane L. Gates Affirmed 20 March 1844 Before me James Brackett Sur- rogate – In the matter of proving the last Will & Testament of Oliver Judson, deceased – Otsego County fs- Be it Remem- bered, That on this 20th day of March in the year of our Lord one thousand eight hundred & forty four before James – [page 231] Brackett Surrogate of the County of Otsego, personally appear- ed Charles Taylor of Otsego who being by the said surrogate duly sworn & examined, doth depose & say, that this depon- ent was well acquainted with Oliver Judson late of the same place deceased, that he was present as a witness & did see the said Oliver Judson deceased subscribe at the end thereof the Instrument in writing under seal now produced & shown to the deponent purporting to be the last Will & Testament of the said Oliver Judson deceased bearing date the seventeenth day of January in the year of our Lord one thousand eight hundred & forty four that such sub- scription was made by the said Oliver Judson deceased, in the presence of this deponent : that the said Oliver Judson deceased at the same time declared the Instrument so subscribed by him to be his last Will & Testament : where upon this deponent signed his name at the end thereof at the request & in the presence of the said Oliver Judson deceased that the said Oliver Judson deceased at the time of executing & publishing the said last Will & Testament. Was of full age, of sound mind & disposing memory, & not under any legal or moral restraint that from all the circumstances attending the execu- tion of the said will & the manner & conduct of the said Oliver Judson deceased at that time & both before & afterwards this deponent entertains no doubt of the genuineness, validity & authenticity of the said Will: and confidently believes the said Instrument to be in verity, what it purports to be the last Will & Testament of the said Oliver Judson deceased; that this deponent saw Abiel B. Gates & Airbane L Gates the other subscribing witnesses to the said Will at the end thereof at the request & in the precence of the said Oliver Judson deceased – that the said Abiel B. Gates has since died at Otsego aforesaid where he resided at the time of the execution of the said Will : that the body of the said Will & every part thereof except the signatures of the witnesses thereto is in the handwri- ting of the said Oliver Judson deceased: that the said Will now appears to be in the same state & condition it was in at & [page 232] Immediately after its execution not altered, mutilated, enlarged or in any way varied, & that he kept the same after its execution till he delivered it to Anson Judson executor named therein: that he so kept it at the request of the tes- tator -- Charles Taylor Affirmed 20th March 1844 Before me James Brackett Surrogate – In the matter of proving the last will & testament of Oliver Judson deceased – Otsego County fs- Be it remem- bered that on this 20 day of March 1844 personally appear- ed before me James Brackett Surrogate of the said County Anson Judson of Otsego aforesaid, who being duly sworn & examined doth depose & say that he was intimately acquain- ted with Oliver Judson late of the same place deceased : that he received the said instrument, now produced & shown to him—purporting to be the last Will & Testament of the said Oliver Judson deceased of Charles Taylor one of the witnesses after his death, for the purpose of carrying the same to the said surrogate for probate, the same being dated the 17th day of January A.D. 1844 that after so receiving it he did carry the same to the said surrogate for probate : that the said Will was not altered, mutilated, enlarged or varied whilst in his custody : that he believes it a genuine instru- ment : that it now appears to be in the same state & con- dition it was in when he so received it as aforesaid- Anson Judson Affirmed 20 Day of March 1844 Before me James Brack- ett – Surrogate – Whereupon, I, James Brackett, Surrogate, aforesaid, being Satisfied of the genuine- ness & validity of the said Will, do therefore order that the Same be admitted to proof as & for the last will & testament of the real & personal Estate of the said Oliver Judson, deceased, In Testimony whereof We have caused our Seal of office to be hereunto affixed. Witness James Brackett, Surrogate of the said County, this 20th Day ofo March in the year one thousand eight hundred & forty four. James Brackett, Surrogate. Which said proofs are herein before recorded & contained, & the said will so ordered to be recorded, is as follows, to wit : [page 233] The last will and testament of Oliver Judson of the town of Otego in the County of Otsego and state of New York. I the said Oliver Judson being of sound mind and memory do make publish & declare my last will and testament in manner and form following that is to say – I give devise and bequeath unto my belloved wife Rhoda Judson all my property both real and personal to have hold and enjoy during her natural life and After her decease -- I give and bequeath one thousand Dollars and all my household furniture including beds beding and carpeting unto Nancy Harris wife of William Harris and daughter of Joseph Youngs to be paid to her by my Executors one year after the deceased of my wife if she out lives or one year after my decease if I should out- live my wife – I give devise and bequeath unto my sister Anna wife of Samuel Fairchild and her heirs the sum of five hundred Dollars to be paid at the expiration of two years after my Decease if I out live my said wife or in one year after the decease of my said wife if she shall be living at the time of my Decease— I give Devise and bequeath unto the heirs of Lewis Judson Deceased my Late Brother the sum of five Hundred Dollars to be divided between them share and share alike to be paid to them at the time and in the manner specified in the bequest to the said Anna Fairchild afore said – It is my will and I hereby direct that the rest and resi- due of my estate after paying and satisfying the several gifts and bequests above mentioned shall be divided equal- ly by and between my lawful heirs including the said Nancy Youngs as one of them and likewise including my Sister Anna and the heirs of my Brother Lewis Jud- son Deceased heretofore mentioned in this Will I do hereby further will and declair the afore said Nancy Harris’s Child- ren if she shall have any shall inherit what is given [page 234] her in this will if she should Die before myself or my wife— It is further directed that all disputes and controver- sies which may arise in the division of my Estate among the Several person interested therein or any of them or in relation to the construction of my said will and such disagreements disputes and controversies shall be submitted for a final settlement and determination unto three dis- discreet and proper persons to be appointed by the surrogate of the County of Otsego I do hereby nominate and appoint Anson Judson my Brother and my wife Rhoda Judson Executors of this my Last will and testament hereby expressly revoking All and every former will by me made In witness whereof I have hereunto set my hand and seal this seventeenth Day of Jan in the year of our Lord 1844 Oliver Judson (S.S.) Signed Sealed published and Declared by the testator to be his Last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses – Abiel B Gates Charles Taylar Airbane S. Gates State of New York, Otsego County fs- I hereby certify that the within written instrument was duly admitted to proof as & for the last Will & testament of the real & per- sonal Estate of Oliver Judson deceased, on this twen- teeth day of March in the year of our Lord one thous- sand eight hundred & forty four – In witness whereof I have hereunto set my hand and seal of office the day & year aforesaid— James Brackett, Surrogate State of New York, Otsego County, fs: I hereby certify that the foregoing is a true record of the proceedings had before the Surrogate of the County of Otsego, in the matter of proving the last will & testament of the real & personal Estate of Oliver Judson, deceased. James Brackett, Surrogate
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