8 Aug 1832

To Ebenezer Mix, Surrogate of the County of Genesee:

The petition of Amelia Chaddock [...] that Willard Chaddock late of the town of Middlebury in said County of Genesee did on or about the 27th day of May [... several lines unreadable ...] last will and testament wherein he named your petitioner as sole executrix thereof.

That the said will was witnessed by Isaac Wilson, Alvin Chaddock, & Perses Chaddock.

That the said deceased left your petitioner his widow and nine children, to wit, Calvin Chaddock, Ira Chaddock, Emily Chaddock, Sarah Ann Chaddock, Lucy Ann Chaddock, La Fayette Chaddock, Lovina Chaddock & Mary Jane Chaddock, who are all under the age of twenty-one years.

Therefore your petitioner prays that a guardian be appointed for said minors and all the requisite measures be taken necessary to prove said will as a will of real & personal estate.

August 8 1832 Amelia Chaddock

Genesee County ss: Amelia Chaddock being [?] saith that the facts are as [?] in the above ... [?]

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27 Aug 1832

State of New York, Genesee County ss

In the matter of the proof of the last will and testament of Willard Chaddock late of the town of Middlebury in the county of Genesee deceased: Genesee county ss.

Isaac Wilson being sworn saith:

That he was well acquainted with Willard Chaddock, late of the town of Middlebury in the county of Genesee, in his lifetime.

That on or about the tenth day of May in the year of our Lord one thousand eight hundred and thirty two he saw the said Willard Chaddock sign & execute a certain instrument in writing purporting to be his last will and testament bearing date the said tenth day of May AD 1832, which is the same instrument now shewn unto him.

That at the time thereof That he heard the said Willard Chaddock declare the same to be his last will and testament and at the time thereof the said Willard Chaddock was over the age of twenty one years, of sound mind and memory, and under no manner of restraint as this deponent verily believes.

That the said deponent signed the said will as a witness thereto in the presence of the testator and at his request.

Isaac Wilson

Subscribed and sworn to this 27th day of August AD 1832. Before me Ebenezer Mix, Surr.

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27 Aug 1832

Genesee County ss:

Alvin Chaddock being duly sworn saith:

That he was well acquainted with Willard Chaddock in his lifetime.

That on or about the tenth day of May in the year of our Lord one thousand eight hundred and thirty two he saw the said Willard Chaddock, while at his own dwelling house in the town of Middlebury, sign & execute a certain instrument in writing purporting to be his last will and testament bearing date the said tenth day of May 1832, which is the same instrument now shewn unto him & that he heard the said Willard Chaddock declare the same to be his last will and testament and at the time thereof the said Willard Chaddock was over the age of twenty one years, of sound mind and memory, and under no manner of restraint as this deponent verily believes.

That the deponent signed the said will as a witness thereto in the presence of the testator and at his request.

That after the said will was written (?) it was requested by the testator to be put in a chest with his other papers.

Alvin Chaddock

Subscribed and sworn to this 27th day of August AD 1832. Before me Ebenezer Mix, Surr.

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27 Aug 1832

Genesee County ss:

Perces Chaddock being duly sworn saith:

That she was well acquainted with Willard Chaddock late of the town of Middlebury in the county of Genesee in his lifetime.

That on or about the tenth day of May in the year of our Lord one thousand eight hundred and thirty two she saw the said Willard Chaddock sign & execute a certain instrument in writing purporting to be his last will and testament bearing date the said tenth day of May 1832, which is the same instrument now shewn unto her, & that she heard the said Willard Chaddock declare the same to be his last will and testament and at the time thereof the said Willard Chaddock was over the age of twenty one years, of sound mind and memory, and under no manner of restraint as this deponent verily believes.

That the said William Chaddock died on or about the 27th day of May last & was an inhabitant of the county of Genesee at the time of his death

That the deponent signed the said will as a witness thereto in the presence of the testator and at his request.

Perces Chaddock

Subscribed and sworn to this 27th day of August AD 1832. Before me Ebenezer Mix, Surrogate

 

11 Jan 1841

To Harvey Putnam Esquire Surrogate of the County of Genesee

The petition of Ira Chaddock of the town of Middlebury in the County of Genesee respectfully showeth:

That on or about the twenty-seventh day of August, one thousand eight hundred and thirty two, the last will and testament of Willard Chaddock, late of the said town of Middlebury in the County of Genesee aforesaid deceased, was duly proved before and recorded in the office of Ebenezer Mix Esquire late Surrogate of the County of Genesee aforesaid, as appears on reference to the record of the said will now remaining in the Surrogate Office of said County.

That in and by said will the said Willard Chaddock, the said testator, nominated constituted and appointed Amelia Chaddock, wife of the said testator, sole executrix thereof. That she, the said Amelia Chaddock, at the time of the probate of the said will being the widow of the said deceased, and named such executrix as aforesaid, has from that time even until the day of the date hereof failed neglected or refused to apply for and receive from the Surrogate of said County Letters Testamentary upon the said will and the estate of the said deceased, and from that time hitherto has failed neglected or refused to qualify by taking the oath of Office prescribed by the Statute, as such executrix as aforesaid, to entitle her to receive such Letters Testamentary as aforesaid.

That she, the said Amelia Chaddock, has never legally renounced her right to act as such executrix as your petitioner is informed and believing. That since the probate of the said will and on or about the 24th day of October one thousand eight hundred and thirty nine, the said Amelia Chaddock was married to Campbell Simpson of the town of Batavia in the County of Genesee aforesaid and now living and cohabiting together with the said Simpson.

That your petitioner is a son of the said Willard Chaddock, and is a legatee in said will named.

Your petitioner therefore prays that Your Honor will issue a summons under his hand and official seal, and directed to the said Amelia Simpson late Amelia Chaddock and the widow of said deceased, requiring her on a certain day and at a certain place therein to be specified to appear before Your Honor and qualify by taking the oath of office prescribed by law and receive Letters Testamentary upon the said will, or show cause why she shall not be deemed to have renounced her right to act as such executrix, and in default thereof that she be deemed to have renounced and forever precluded from acting as such by an order of your Honor to be made and entered in the premises.

And that in default thereof, that letters of administration of the goods chattels and credits which were of the said Willard Chaddock deceased, with a copy of said will annexed, may be granted and issued by Your Honor to such one of the his next of kin or legatees of said deceased as may by law be entitled to the same or as may desire the same; and for such other or further relief as the nature of the case may require, as the law will allow, and as to Your Honor may seem meet and your petitioner will ever pray re – Ira Chaddock (Dated January 11th 1841)

State of New York; Genesee County, ss.} On this eleventh day of January one thousand and eight hundred and forty one, before me, Harvey Putnam Surrogate of the County of Genesee, personally appeared Ira Chaddock the petitioner above named, and made Oath that the material facts in the above and foregoing petition by him subscribed are true according to the best of his knowledge information and belief – H. Putnam, Surrogate of Genesee County

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11 Jan 1841

The People of the State of New York. To Amelia Simpson late Amelia Chaddock and widow of Willard Chaddock deceased and executrix named in the last will and testament of said Willard Chaddock deceased.

Whereas on the application by petition of Ira Chaddock, heir at law of the said Willard Chaddock deceased and a legatee in said will named, it appears that said Will being duly proved before, and recorded in the office of Ebenezer Mix esquire late the Surrogate of the County of Genesee, on or about the twenty-seventh day of August one thousand eight hundred and thirty two, and that from that time hitherto and at all times since, you have failed, neglected or refused to qualify by taking the oath by law prescribed, and receive at the hands of said Surrogate letters testamentary upon the will of said Willard Chaddock deceased as an executor or executrix is by law required to do to qualify him or her to act as such – and that you have never from the said time of the probate of the said will as aforesaid hitherto renounced your right to act as executrix of said will –

You are therefore hereby required to be and appear before Harvey Putnam our Surrogate of our County of Genesee at his office in Attica in said County on the first day of February next, at 10 o’clock in the forenoon of that day, to qualify as such executrix by taking the oath prescribed by the statue and receive letters testamentary upon the said will, or in default thereof that you shall be deemed to have renounced your right to act as such executrix, and that letters of administration upon the estate of said deceased with a copy of said will annexed may be granted by the said surrogate to such or such one of the heirs of said deceased as legatees named in said will as may by law be entitled to, or as may desire, the same.

In testimony whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed.

Witn3ww Harvey Putnam Surrogate of our said County of Genesee at Attica in said County the eleventh day of January, one thousand eight hundred and forty-one. H Putnam, Surrogate

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16 Jan 1841

Genesee County ss: Augustine Cowdin of said County, being duly sworn, deposes and says: That on the 15th day of January 1841 he, the deponent, personally served Amelia Simpson with the foregoing summons by showing to her the seal thereon impressed, and at the same time delivering to her a copy thereof.

Sworn to and subscribed this 16 day of January 1841. A Cowdin.

Before me S Wakeman (?) a Justice of the Peace of said County

(Filed February 1, 1841)

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1 Feb 1841

To Harvey Putnam Esquire Surrogate of the County of Genesee

The petition of John Hickox of the town of Stafford in the county of Genesee and state of New York and general guardian of Lafayette Chaddock minor child of Willard Chaddock deceased respectfully showeth:

That he was duly and legally constituted and appointed the general guardian of Lafayette Chaddock a minor child of Willard Chaddock late of the town of Middlebury in the county of Genesee aforesaid deceased, by letters of guardianship granted by the Surrogate of the county of Genesee aforesaid under his official seal and signature and bearing date on the first day of February one thousand eight hundred and forty one.

That the said Willard Chaddock father of said Lafayette Chaddock, the ward of your petitioner, died in the town of Middlebury in the county of Genesee aforesaid, being at that time an inhabitant of said county, on or about the twenty seventh day of May AD 1832 , leaving as your petitioner is informed and believes a last will and testament by him the said Willard Chaddock duly executed, and in which said last will and testament the said testator did constitute nominate and appoint Amelia Chaddock, then the wife of the said testator and late the widow of said Willard Chaddock deceased, sole executrix thereof.

That the said last will and testament afterwards, to wit: on the twenty seventh day of August one thousand eight hundred and thirty two, was duly proved and recorded in the office of the Surrogate of Genesee as appears by the reord of the said will now remaining in the office of the Surrogate of said county, and a memorandum of the probate thereof also remaining of record and signed by Ebenezer Mix, then and late the Surrogate of said county.

That letters testamentary upon the said will have never been granted or issued by the Surrogate of said county to the said Amelia named executrix as aforesaid or to any other person. And as your petitioner is informed and believing that a citation has been duly issued on behalf of some or one of the heirs of the said deceased by the Surrogate of said county and directed to the said Amelia executrix named as aforesaid, requiring her to appear before said Surrogate at a time and place therein specified, to qualify and take upon herself the execution of the said will.

That the said citation, so issued as aforesaid, was afterwards and at least fifteen days before the return day thereof duly and personally served upon the said Amelia named executrix as aforesaid , as appears by an affidavit of the service thereof on file in said Surrogate’s office, and that the said Amelia has failed neglected or refused so toappear and qualify as aforesaid; whereby, pursuant to the said citation which has been duly returned, and in pursuance of the statute in such case made and provided, the said Amelia is deemed to have renounced all her right to act as executrix as aforesaid and, by virtue of an order of the said Surrogate, the said Amelia is deemed conclusively to have renounced all her right as such executrix as aforesaid under and by virtue of said will.

That by means of the default of the said executrix as aforesaid to qualify, to the heirs or some or one of them of the said Willard Chaddock deceased are entitled to letters of administration upon the estate of said deceased with the will of said deceased thereunto annexed.

That the said deceased died leaving a widow the said Amelia; two sons Ira [Chaddock] who is over the age of twenty one years, the ward of your petitioner Lafayette [Chaddock] of the age of fifteen years and upwards or thereabouts; and five daughters to wit: Emily [Chaddock] of the age of twenty-one years and upwards, Sarah Ann [Chaddock] the wife of  Lyman Quance of the age of twenty one years and upwards, Lucy [Chaddock] of the age of eighteen years or thereabouts, Lavina [Chaddock] of the age of thirteen years or thereabouts, Mary Jane [Chaddock] of the age of nine years or thereabouts – all residents of the county of Genesee in the state of New York.

Your petitioner therefore prays the aid of Your Honor in the [?], and that in pursuance of the revised statutes in such case made and provided, Your Honor will grant unto your petitioner as such guardian as aforesaid letters of administration of the goods chattels and credits of the said Willard Chaddock deceased, with the said will annexed.

And your petitioner further shows unto Your Honor that all the goods chattels and credits of the said deceased do not exceed in value the sum of one hundred fifty dollars.

Dated February 1st 1841

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1 Feb 1841

John Hickox

County of Genesee
Surrogate Court : ss:

On this first day of February 1841 personally appeared before me in open court John Hickox the above named petitioner and made oath that the matters set forth in the above petition by him subscribed were true to the best of the knowledge information and belief of the said petitioner.

H. Putnam, Surrogate of the county of Genesee

 

9 Feb 1841

[filed Feb 9 1841; Ct House Batavia NY 7/07]

THE PEOPLE of the State of New York, by the Grace of God Free and Independent:

To all to whom these presents shall come or may concern, and especially to Calvin Chaddock, Ira Chaddock, Emily Chaddock, Sarah Ann Chaddock, Lucy Ann Chaddock, La Fayette Chaddock, Lovina Chaddock, & Mary Jane Chaddock, children & heirs at law of Willard Chaddock late of the town of Middlebury in the County of Genesee, deceased, send greeting.

You and each of you are hereby cited and required, personally to be and appear before Ebenezer Mix Esquire, Surrogate of our said County of [blank] at his office in Batavia, on the 27th day of August instant at 10 o’clock, in the fore noon of that day, then and there to oppose or support, as you may see fit, the probate of a certain instrument in writing, purporting to be the last will and testament of the said Willard Chaddock which has been left with our said Surrogate, by Amelia Chaddock who claims to be an executor thereof, and which will at the time and place aforesaid, offered for probate.

In Testimony Whereof, we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness, Ebenezer Mix Esquire, Surrogate of our said County, at Batavia, this eighth day of August in the year of our Lord, one thousand eight hundred and thirty two.

Ebenezer Mix Surrogate

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State of New York; Genesee County, ss.} I John Hickox appointed by the Surrogate of the County of Genesee, administrator of all and singular the goods, chattels and credits which were of Willard Chaddock late of the town of Middlebury in the County of Genesee, deceased, do solemnly and sincerely promise and swear, that I will well, honestly and faithfully discharge the duties of Administrator according to law. John Hickox

Sworn and subscribed ninth day of February A.D. 1841 before me, H Putnam, Surrogate