P's
IN THE MATTER OF PROVING THE LAST WILL AND
TESTAMENT OF David Perkins
TO JOSEPH S. AVERY , Esq., Surrogate
of the County of Oneida: The petition of Elmira A. Perkins, widow and signature?.
Last Will and Testament of David Perkins
( by Joel S. Perkins ) late of the town of Whitestown in the County of
Oneida and State of New York, deceased, respectfully showeth, that the
said David Perkins died on or about the 25 day of August 1875 at the town
of Whitestown in the County of Oneida, aforesaid, which was the place of
his residence at the time of his death; that the instrument now presented
and shown to your petitioner purporting to be the last will and testament
of the said deceased, and bearing date upon the 14 day of August 1875 your
petitioner verily believes to be such last will and testament' that the
said instrument purporting to be such last will and testament relates to
both real and personal estate, that the same has been in possession of
petitioner since it was executed and who has kept the same in his possession,
from and after the time he so received the same as aforesaid until this
day and until he delivered the same to the Surrogate of the County of Oneida
for Probate. And your petitioner further shows that the deceased left a
widow, Elmira A. Perkins , of Whitestown. Two sons, Joel S. Perkins Haddonfield
N.J., Jenckes D. Perkins of Chicago Ill. Two daughters Lovina P. Billington
wife of James H. Billington of Haddonfield N.J. Nancy P. Munson of Philadelphia,
Pa.
All of full agreement and who are all and
the only heirs at law and next of kin of said deceased. Your petitioner
therefore prays that said will may be admitted at probate forthwith without
the issuing of a citation and without any further notice according to the
forms of the statutes of the State of New York, in such case made and provided.
And your petitioner as in duty bound, will ever pray, &c.
Dated the 31 day of August 1875.
Elmira A. Perkins J. S. Perkins
Mary Bateman mebateman@cox.net
Will of Dr. Spalding Pierce, born
29 Feb 1768, died 14 Feb 1827
One page in the packet cover - Probated 28
Mar 1827
Died intestate, without a will
He left a widow, Abigail (Nabby) Bacon
Pierce, daughter of Abner Bacon. She later married Stephen Savage,
and after Stephen's death in 1848, lived with her and Spalding's son, William
L. Pierce, in Sauquoit.
Spalding and Nabby lived in the village of
Sauquoit, Town of Paris, Oneida Co., NY.
The Ransom Curtis who swore Dr. Pierce's
death oath is likely the same person who was in business with Dr. Pierce's
son, Sylvester Pierce.
Dr. Pierce's will packet, filed
in the Surrogate's Court of Oneida Co., is Index Number 4991P, and contains
one piece of paper Spelling and punctuation below is the same as
on the original.
-------------------------------
[The following is the outside of the
packet:] No. 4991P Surrogate's Court County of Oneida In the matter of
the estate -of- Spalding Pierce Deceased.
-------------------------------
[There is only one piece of paper in
the packet:] [On one side is written:]
Death Oath of Doctr S. Pierce [underlined]
Spalding Pierce
Paris
[On the other side is written:]
Ransom Curtis being duly sworn despoesth
& saith that Doctr [sic] Spalding Pierce late of Paris deceased &
dead, & that as this disponant is informed & verily believes to
be true he died intestate.
[signed] Ransom Curtis Sworn &
Subscribed this 28th March 1827
[signed] J. Hathaway Surrogate
Pete
Pierce
Will of William L. Pierce born 16
Feb 1810, died 25 Mar 1897.
11 pages - Probated 10 May 1897.
Son of Dr. Spalding and Abigail (Bacon)
Pierce, who both died before he died.
Husband of Susan (Barringer) Pierce,
and, with her, parent of Sophia Pierce, both of whom died before he died.
Their adopted daughter, Ella Walling, is the main beneficiary of the will.
William was a life long resident of
Sauquoit, Town of Paris, Oneida Co., NY. His mother lived with the
family after her second husband, Stephen Savage, died. The witness
to the will, Stephen G. Savage, is a son of Frederick S. Savage and grandson
of Stephen Savage.
The will, and all of the accompanying
documents, are on printed forms, with spaces to fill in the necessary information
my added comments are in brackets, as so [comment].
---------------------------------------
Estate Jacket numbered 4729 and labeled
as follows: Surrogate's Court County of Oneida In the matter of the estate
of William L. Pierce deceased.
-----------------
In the Name of God. Amen.
I, William L. Pierce of Sauquoit Oneida County State of New York being
of sound mind and memory, and considering the uncertainty of this frail
and transitory life, do therefore make, ordain, publish and declare this
to be my last Will and Testament, that is to say:
First -- After all of my lawful debts
and paid and discharged, I give and bequeath unto my wife Susan B. Pierce
the use of all my Real Estate and Personal Property, for her use during
her lifetime, and at the decease of my wife, all that is left of my real
estate and personal property I give and bequeath to my adopted daughter
Ella Walling.
Likewise, I make, constitute and appoint
Susan B. Pierce to be the executrix of this my last Will and Testament,
hereby revoking all former Wills by me made.
In Witness Whereof, I have hereunto
subscribed my name and affixed my seal the 22nd day of February in the
year of our Lord one thousand eight hundred and eighty one.
(signed) Wm L Pierce (seal)
The above written instrument was subscribed
by the said W L Pierce in our presence, and acknowledged by him to each
of us; and we at the same time declare the above instrument, so subscribed,
to be his last Will and Testament: and we at his request, have signed our
names as witnesses hereto, in his presence and in the presence of each
other, and written opposite our names our respective places of residence
[signed] Stephen G. Savage Sauquoit, N. Y.
[signed] Washington Mould, Sauquoit,
N. Y
-----------------
[Inside the outer Estate packet envelope
is the original envelope, which says:]
No. 4729 Surrogate's Court County of Oneida.
Last Will and Testament -of- William L. Pierce -and- Certificate
of Probate, County of Oneida, ss:
The within Will and Certificate of
Probate recorded in Book No. 50 of Wills, at page 150 the 10th day of May
1897 and examined.
[signed] [unreadable] Clerk Surrogates
Court
-----------------
[The following is the witness's statement,
the top 1/3 of the page is missing due to the fold coming apart and not
being copied:]
... in the above mentioned proceeding. State
of New York| | ss
County of Oneida|
Washington Mould being duly sworn as
a witness in the above entitled proceeding, and examined on behalf of the
petitioner propounding for probate said Last Will and Testament , says:
I reside in the town of Paris in said County of Oneida and State of New
York. I was acquainted with William L. Pierce late of the town of
Paris prior to his death, and had known his [sic] for 45 years prior to
his death. I am one of the subscribing witnesses to the instrument
now shown and exhibited to me, bearing date the 22 day of February 1881,
and now offered and propounded for probate as and for the Last Will and
Testament of the above named decedent. The subscription of the name
of decedent at the end of said instrument was made by the said decedent
in the presence of myself and Stephen G. Savage the other subscribing witness
thereto. At the time of such subscription the said decedent declared
the said instrument so subscribed by him to be his Last Will and Testament,
and I thereupon signed my name as witness at the end of said instrument
at the request and in the presence of said decedent. I also saw said
Stephen G. Savage the other subscribing witness, sign his name as a witness
at the end of said instrument, and know that he did so at the request of
said decedent and in his presence. The said decedent at the time
of so executing said instrument was a citizen of the United States, and
upwards of the age of twenty-one years, and of sound mind, memory and understanding,
and was not under any restraint to the best of my knowledge and belief,
and in my opinion was competent to devise real estate. I have examined
said instrument, and it now appears in all respects as when so executed,
without any alteration.
Subscribed and sworn to before me this|
| Washington Mould No 10 day of May 1897| [signed] FM
Calder Surrogate.
-----------------
The following is the witness's statement,
the top 1/3 of the page is missing due to the fold coming apart and not
being copied:
... and for the Last Will and Testament of
the above named decedent. The subscription of the name of decedent
at the end of said instrument was made by the said decedent in the presence
of myself and Washington Mould the other subscribing witness thereto.
At the time of such subscription the said decedent declared the said instrument
so subscribed by him to be his Last Will and Testament, and I thereupon
signed my name as witness at the end of said instrument at the request
and in the presence of said decedent. I also saw said Washington
Mould the other subscribing witness, sign his name as a witness at the
end of said instrument, and know that he did so at the request of said
decedent and in his presence. The said decedent at the time of so
executing said instrument was a citizen of the United States, and upwards
of the age of twenty-one years, and of sound mind, memory and understanding,
and was not under any restraint to the best of my knowledge and belief,
and in my opinion was competent to devise real estate. I have examined
said instrument, and it now appears in all respects as when so executed,
without any alteration. Subscribed and sworn to before me this|
| Stephen G. Savage 10th day of May
1897| [signed] FM Calder Surrogate.
-----------------
The People of the State of New York, To
John S. Pierce Marsh C. Pierce Charles H. Pierce William
K. Pierce Emma P. Butler
Whereas, Ella Walling has lately petitioned
the Surrogate's Court of our said County of Oneida, to have a certain instrument
in writing bearing date the 22 day of February 1881, which relates or purports
to relate to real & personal property duly admitted to probate as and
for the Last Will and Testament of William L. Pierce late of the town of
Paris in said County deceased. You and Each of You, are hereby cited to
appear in the Surrogate's Court of our said County of Oneida, at the Surrogate's
Office in the Court House, in the City of Utica in said County of Oneida,
on the 3 day of May 1897, at ten o'clock in the forenoon of that day, and
attend the probate of said will; and , if any of the above named persons
are infants, that they then and there show cause why a Special Guardian
should not be appointed to appear, represent and act for them, in the proceeding
for the probate of said Will. In Testimony Whereof, We have caused
the seal of our said Surrogate's Court to be hereunto affixed.
Witness, Hon. Frederick M. Calder,
Surrogate of our said County of Oneida, at Utica, this 12 day
of April 1897 [signed] [unreadable] Clerk of the Surrogate's Court.
-----------------
To the Surrogate's Court of the County of
Oneida:
The petitioner, Ella Walling alleges
upon information and belief That William L. Pierce died in the village
of Sauquoit in the County of Oneida and State of New York on or about the
25 day of March 1897 and was, at the time, a resident of the Town of Paris
in the said County of Oneida;
That the said William L. Pierce deceased,
on or about the 22 day of February 1881 made and executed a certain instrument
in writing, of that date, as and for his last will and testament, which
said instrument by its term relates to real and personal property.
That the following are the only persons
named or described in said instrument as executor of trustee, to wit;
Susan B. Pierce, Executor
But said Susan B. Pierce is [one word unreadable,
possibly 'maid' for made] dead.
That said testator left her surviving
no wife.
That the names of all the heirs at
law and next of kin of said testator and of all persons in being who would
take and portion of h__ [blank, should read 'his'] real or personal property
under the provisions of said will and their respective relationship to
the testator and their respective places of residence are as follows, to
wit:
[columns = name - relationship - residence
- whether legatee or devisee]
John S. Pierce - brother - [unreadable, 'Campbelludle'
?], Seneca Co. - [unreadable]
Marsh C. Pierce - nephew - Syracuse
NY - no
Charles Pierce - "
- "
- no
William K. Pierce - "
- "
- "
Emma A. Butler - "
- "
- "
That all of the persons above named
are of full age and sound mind,
[The following looks to be a continuation
of the preceding page, the top 1/3 of this page is missing due to the fold
coming apart and not being copied]
... Ella Walling having heretofore presented
her written petition verified on the 12 day of April 1897, praying that
the instrument bearing the date the 22 day of February 1881, purporting
to be the last will and testament of William L. Pierce late of the town
of Paris in said County of Oneida, deceased, be admitted to probate and
record, as a will valid to pass real and personal property. And a
citation having thereupon issued to the heirs at law and next of kin mentioned
in said petition requiring them to appear in this Court on the 3 day of
May 1897, at ten o'clock in the forenoon of the day, and attend the probate
thereof.
And satisfactory proof having been
filed of the due service of said citation on John S. Pierce Marsh C. Pierce
Charles H. Pierce William K. Pierce & Emma P. Butler And said
petitioner having appeared on the return day named in said citation by
Josiah Perry atty
[The following looks to be a continuation
of the preceding page, the top 1/3 of this page is missing due to the fold
coming apart and not being copied]
... and the several witnesses called having
been examined before the Surrogate, and the proofs taken reduced to writing,
and the Surrogate having inquired particularly into the facts and circumstances,
and heard the proofs and allegations of the parties, and duly deliberated
thereon, and it appearing to his satisfaction that the instrument propounded
for probate as and for the last will and testament of said deceased is
genuine and valid, and as duly executed, and that the testator at the time
of execution thereof, was of full age, of sound mind and memory, was in
all respects competent to make a will and not under restraint; and the
probate thereof not having been contested. It is decided, ordered,
adjudged and decreed that the said instrument be and the same is hereby
admitted to probate, and established as and for the last will and testament
and testator valid to pass real and personal property, and the same, with
the proofs taken, be recorded accordingly.
[signed] FM Calder Surrogate
--------------------------
State of New York|
| S.S. County of Oneida, Surrogate's Office|
Be it Remembered, That on the 10th
day of May 1897, at a Surrogate's Court, held in and for the County of
Oneida, the within Last Will of William L. Pierce late of the town of Paris
in said County, deceased, was upon due proof admitted to probate as a Will
valid to pass real and personal property.
In Testimony Whereof, I have hereunto
set my hand and affixed the seal of said Court, at the City
of Utica, on this 10th day of May 1897.
[signed] F.M. Calder Surrogate.
Pete
Pierce