Tri-County Legal Documents
LAST WILL AND TESTAMENT OF SARAH BALDWIN
Be it remember that heretofore to wit: on the Fifth day of July in the
year of our Lord one thousand eight hundred and sixty five, Vine Baldwin,
the surviving husband of Sarah Baldwin late of the town of Baldwin in the
county of Chemung deceased, appeared in open Court, before the Surrogate
of the County of Chemung and made application to have the aid Last Will
and Testament, which relates to the real and personal estate, proved: and
on such application the said Surrogate did ascertain by satisfactory evidence
who were the husband, heirs at law and the next of kin of the said testator,
and their respective residences, and said Surrogate did thereupon issue
a Citation in due form of law, directed to the said heirs at law and next
of kin by their respective names, stating their respective places of residence,
requiring them to appear before said Surrogate at the Courthouse in the
city of Elmira in said County on the 4th day of September A.D. 1865 to
attend probate of said Will.
And afterwards, to wit: on the 4th day of September A.D. 1865, satisfactory evidence by affidavit was produced and presented to the said Surrogate of the due service of said Citation in the mode prescribed by law and the matter having then been adjourned to Sept. 25th 1865 at same hour and place and on that day, no one appearing to oppose the Probate of such Will such proceedings were thereupon had in said Court afterwards, that the Surrogate took the proofs of said Will hereinafter set forth, upon this 25th day of September A.D. 1865, and he thereupon adjudged the said Will to be a valid Will of Real and Personal Estate, and the proofs thereof to be sufficient, which said Last and Testament , and proofs, are as follows, that is to say:
In the name of God, Amen. I Sarah Baldwin of the town and County of Chemung and the State of New York of the age of Seventy three years and being of sound mind and memory do make, publsih and declare this my last will and testment in the manner following, that is to say, First I give bequeath and devise to my daughter Martha E (M?) Baldwin all the property both real and personal of which I may die seized together with all the hereditaments and appurtenances thereunto belonging or in anyway appertaining to have and to hold to the said Martha E.(M?) Baldwin, her heirs and assigns forever.
Second, In case my husband Vine Baldwin, should outlive me, then, in that case I bequeath to him a support during his lifetime from the property bequeathed to my daughter Martha E(M?). Baldwin aforesaid and for that purpose I give him the right to controll the real estate during his lifetime. In witness I have hereunto set my hand and seal his 28th day of May 1860.
Sarah Baldwin (her seal)
Witness: Noble Miller
G. W. Buck, Chemung NY
In the Matter of Proving the Last Will and Testament
Chemung County, ss
Nobel Well of Chemung, NY and G.W. Buck of the same place being duly sworn, in open Court, upon their several corporeal oaths, each for himself, doth depose and say, that they are subscribing witnesses to the Last Will and Testament of Sarah Baldwin late of the town of Baldwin in the County of Chemung and the State of New York deceased. And these deponents do further say, that the said Sarah Baldwin deceased did, in the presence of each of these deponents, subscribe her name at the end of the instrument in writing, which is now here shown to these deponents and which purports to be the Last Will and Testament of the said deceased, and which bears date on the 28th day of May one thousand eight hundred and sixty. That the said deceased did, at the time of subscribing her name to the instrument as aforesaid, declare the sam to be her Last Will and Testament; and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of the said deceased and in her presence and i the presence of each other: That the said deceased, at the time of so subscribing her name to said instrument as aforesaid, and publishing said instrument as aforesaid was upwards of twenty-one years of age, and a citizen of the United State; that she appeared to be and deponents believe she was of sound mind, memory and understanding and not under any restraint, and as deponents verily believe in all respects competent to devise real estate: that each of these deponents say the other sign his name to said instrument in the presence of te said deceased. That said deponents have now here carefully examined said instrument and find that is has in no respect been changed or altered since its execution by deceased, and further say not.
Sworn and subscribed this 25th day of
September, 1865 before me. G.L. Smith Noble Miller
Chemung Co. Judge G. W. Buck
PAPERS PERTAINING TO THE ADMINISTRATION OF THE ESTATE OF SARAH BURT BALDWIN.
From the Archives of the Chemung County Courthouse
The People of the State of New York:
To: Vine H. Baldwin Junior, residing at Wellsborough, Pennsylvania,
Thomas B. Baldwin, residing at Troy, Pennsylvania, Miles C. Baldwin, residing
at town of Chemung, New York, Robert C. Baldwin, residing at town of Chemung,
New York, New York.& Mary Pickering, residing at City Elmira New York,
Elizabeth Brown and Sarah Ann Brown, both residing at Madison, Wisconsin,
Albert V. Baldwin a minor residing at Troy, Pennsylvania, Jennie Baldwin
a minor residing at Howell, Livingston County, Michigan and Morgan Baldwin
Slafter a minor residing at Worth, Tuscola Co., Michigan SEND GREETING:
You, and each of you are hereby cited and required, personally to be and appear before our Surrogate of the County of Chemung, at his office in the City of Elmira, on the 4th day of September 1865 at 10:00 in the forenoon of that day, then and there to attend the Probate of the last will and Testament of Sarah Baldwin late of the Town of Chemung in the County of Chemung and the State of New York, deceased, which relates to both Real and Personal Estate, and for the Probate whereof Vine Baldwin (surviving husband of said dec’d.) Lately of the Town of Chemung in the County of Chemung has lately applied to our said Surrogate.
In testimony whereof, We have caused the Seal of Office of said Surrogate to be hereunto affixed. Witness, Gabriel L. Smith, Esq., Surrogate of our said County, at the City of Elmira, the 5th day of July in the year of our Lord one thousand eight hundred and sixty five.
M. Geason Clk to the Surrogate Court
We each of the undersigned hereby admit due service upon us of the within Citation and we severally consent that the attesting witnesses to the execution of the within mentioned will of Sarah Baldwin dec’d may be examined as to it’s execution by the Surrogate of Chemung County on the 4th September 1865 or at such other time of times thereafter as said Surrogate may approve for such purpose.
T. B. Baldwin
Alfred V. Baldwin
V. H. Baldwin
M. C. Baldwin
R. C. Baldwin
Elizabeth R. Kress Brown
S. A. Brown
Surrogate Office} od: Dan’l F. Pickering being duly sworn say he is well acquainted with the proper handwriting and signatures of the following persons mentioned and described in within citation, namely: T.B. Baldwin, Alfred V. Baldwin, V.H. Baldwin, M. C. Baldwin, R. C. Baldwin, E. R. K. Brown & S. A. Brown and that the foregoing deposition purporting to be signed by each of said persons respectively. I know to be their genuine
—signatures of each of said persons deposing.
Daniel F. Pickering
On this 4th day of September 1865 M. Geason
Clerk to the Surrogate Court
Chemung County Surrogate Court
To: Gabriel L. Smith, Surrogate of the County of Chemung
The petition of Vine Baldwin, now of the town of Troy, Pennsylvania, respectfully showeth that your petitioner is the surviving husband of Sarah Baldwin late of the town of Chemung in Chemung County, deceased. That the said deceased was at or immediately previous to her death an inhabitant of the County of Chemung & departed this live in said town of Chemung on the 8th day of May, 1864 and that her said last will and testament relates to both real and personal estate of the value of about three thousand dollars.
Your petitioner further shows that the heirs and next of kin besides your petiioner are:
Vine H. Baldwin Junior, residing at Wellsborough, Pennsylvania. Thomas B. Baldwin residing at Troy Pennsylvania, Miles C. Baldwin and Robert C.. Baldwin, both residing at said town of Chemung and Mary Pickering residing at City Elmira in this County, all the forgoing being children of said deceased & of full age. Also Elizabeth and Sarah Ann Brown both residents of Madison, Wisconsin, of full age and grandchildren of said deceased, being children of Charlotte Kress who was in her lifetime a daughter of said Sarah Baldwin deceased. Also Albert V. Baldwin, aged about 15 years, residing at Troy, Pennsylvania, Jennie Baldwin aged about 13 years residing at Howell, Livingston County, Michigan & Morgan Baldwin Slafter aged about 8 years & residing at Worth, Tuscola County, Michigan. Said 3 children being grandchildren of said Sarah Baldwin, deceased being the children of Morgan Baldwin deceased who was in his lifetime a son of said Sarah Baldwin deceased. That neither of said grandchildren have any general guardian residing in this state. Your petitioner therefore prays that said will may be admitted to probate and letters testamentary or letter of administration with will annexed maybe granted to me her surviving husband.
Surrogate Office of Chemung County SS:
Vine Baldwin the petitioner named in the foregoing petition being duly
sworn says that I have heard read the foregoing petition to which I have
subscribed my name, and know the contents thereof, and that said petition
is true of my own knowledge.
Sworn this 5th day of July 1865 before me: M Gearon Clerk to the Surrogate
Surrogates Court, County of Chemung
In the matter of proving the
last will and testament of Sarah
I Dan’l F. Pickering do heereby consent to be appointed by the Surrogate of the County of Chemung the special Guardian for Albert V. Baldwin, Jenny Baldwin & Morgan Baldwin Slafter. minor children and heirs and next of kin of Sarah Baldwin for the sole purpose of taking care of the interests of said minors in the matter of proving the last will and testament of said deceased and I consent to serve as such special guardian.
Dated Sept. 4th 1865 Daniel F. Pickering
In the above matter.}
I Dan’l F. Pickering the Special Guardian for Albert V. Baldwin, Jennie Baldwin, & Morgan B. Slafter, three of the next of kin of Sarah Baldwin dec’d & duly appointed by the Surrogate of the County of Chemung to take care of their interests in the matter of proving the last will & testament of the said deceased, do hereby waive the issuing of service upon me of a citation to attend the probabte of said last will & testament and consent to an adjournment of this matter until Septr 25, 1865
Elmira, Septr 4th 1865 Daniel F. Pickering.