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Submitted by Larry Campbell, May 17, 2004

Mrs. Jane Scotts Will - 1854

Be it remembered that at a Surrogates Court held at Delhi in and for the County of Delaware the 18th day of December 1854 the last Will and Testament of Mrs. Jane Scott late of Harpersfield in said County was duly proved before the Wm. Gleason, Surrogate of said County according to laws as and for the last Will & Testament of the Personal Estate of said deceased, and the same was thereupon adjudged & disclosed by said Surrogate valid & estates had as sole will of Personal Estate and the same together with the proofs and examinations taken thereon are here Recorded as follows - towit

In the name God Amen. I Jane Scott widow of James Scott deceased of the town of Harpersfield County of Delaware & State of New York of the age of sixty nine years & being of sound mind & memory, do make publish & declare this my last will & testament in manner following, that is to say

First - I give & bequeath to my beloved son Thomas Scott the sum of one hundred dollars.
Second - I give & bequeath unto my beloved grandson Robert Scott son of Thomas Scott the sum of fifty dollars.
Third - I give & bequeath unto my beloved son James Scott the sum of one hundred dollars
Fourth - I give & bequeath unto my beloved grandson James Scott son of James Scott the sum of fifty dollars.
Fifth - I give & bequeath unto my beloved daughter Jane Campbell the wife of Samuel Campbell, the sum of one hundred dollars to be kept & returned by my Executor John S. McNaught hereinafter appointed in trust for the use & benefit of my daughter Jane. And I do hereby order & amp;direct that during the continuance of the trust as aforesaid then shall be annually paid out of the said sums of one hundred dollars & interest the sum of $20. to my daughter Jane towards her support & maintain until the whole be expended provided she live so long, but in case of her death before the said sum & interest is expended as aforesaid & it is my will that the sum not so expended be equally divided between my sons Thomas, James, William, & Joseph, equally by my Executor aforesaid. Sixth - I give & bequeath unto my beloved son Joseph Scott the sum of twenty five dollars which together with the sum of twenty five dollars heretofor given him will make fifty dollars.
Seventh - I give & bequeath unto my beloved son Henry Scott the sum of twenty dollars.
Eighth - I give & bequeath unto my beloved son John Scott one dollar.
Ninth - I give & bequeath unto my beloved son Samuel Scott one dollar.
Tenth - I give & bequeath unto my beloved son David Scott one dollar.
Eleventh - I give & bequeath unto my beloved son William Scott the sum of fifty dollars.
Lastly - I give & bequeath all the rest & residue of my personal estate, goods & chattles of what nature or kind servives(?) after paying all my funeral expenses & charges to my said sons, James, Thomas, William, Joseph & my daughter Jane Campbell to be equally divided between them.

And I hereby appoint John S. McNaught of the town of Stamford , County of Delaware, my sole executor of this my last will & testament, hereby revoking all former wills by me, made in witness whereof I have hereunto (unknown) my hand & seal the 24th day of September in the year of our Lord one thousand eight hundred & fifty.

Jane Scott X (her mark)

The foregoing instrument consisting of half a sheet was at the date thereof signed sealed & published & declared by the said Jane Scott as & her last will & testament in presence of us who are her regents(?) & in her presence & in the presence of each other have subscribed our names as witnesses thereto. Wm. B. Champlain of Hobart, Del. Co N.Y.
Baldwin Griffin Hobart Del. Co. N.Y.

Delaware County Surrogates Court
In the matter of the Probate of the last will & testament of Jane Scott late of said County deceased as a will of Personal Estate. Delaware County, S.S.

Wm. B. Champlain of the town of Stamford in the county of Delaware being sworn deposes that he saw the above named Jane Scott late of the town of Harpersfield in the County of Delaware deceased, subscribe & execute the instrument now shown him & which purports to be the last will & testament of the said Jane Scott & bears date the 24th day of September 1850 & that he heard the said Jane Scott declare the same, to be her last will & testament, & that he this deponent together with Baldwin Griffin, the other subscribing witness subscribed his name as a witness to said instrument at her request & at the time thereof the said Jane Scott was of sound mind & memory of full age to make said will & not under any restraint. Sworn & subs. before me the 18th day of December 1854 Wm. B. Champlain
Wm Gleason - Surrogate

Del. Co. Surrogates Court
In the matter of the Probate of the last will & testament of Jane Scott Delaware County S.S.
late of said County deceased as a
will of Personal estate

Baldwin Griffin of the town of Stamford in the County of Delaware being sworn deposes that he saw the above named Jane Scott late of the town of Harpersfield in the county of Delaware deceased subscribe & execute the instrument now shown him & which purports to be the last will & testament of the said Jane Scott & bears date the 24th day of September 1854 & that he heard the said Jane Scott declare the same to be his last will & testament & that he the deponent together with Wm. B. Champlain Esq the other subscribing witness, subscribed his name as witness to said instrument at her request & at the time thereof the said Jane Scott was of sound mind & memory of full age to make said will & not under any restraint.

Sworn & subs. before me
the 11th day of December 1884 Baldwin Griffin

Wm. Gleason Surrogate

I hereby certify that the foregoing is a true and correct copy of the whole of the last Will and Testament of Mrs. Jane Scott late of the town of Harpersfield in said county deceased & of the proofs and examinations taken thereof & that pursuant to an order of the undersigned Surrogate the same were here recorded this 18th day of December 1854.

Wm. Gleason - Surrogate


(page front)
Jane Scott deed
App.
Filed Dec 18th, 1854
Wm Gleason, Surr.

(page back)
State of New-York,
City and County of Albany, ss

George W. Quackenbush, of the city of Albany, being duly sworn, says that he is a Foreman in the office of the Albany Evening Journal, the State Paper, published in the city of Albany, and that the Notice, of which the annexed is a printed copy, has been regularly published in said Albany Evening Journal, once in each week for Six weeks successively, commencing on the second day of November, 1854.

Sworn before me, this 14th day of December, 1854.
Geo. W. Quackenbush

(illegible)
Commissioner of Deeds.

(copy of advertisement)
The People of the State of New York, to Thomas Scott, James Scott, and Samuel Campbell, of Harpersfield, and Wm. Scott, of Stamford, and Seth H. White of Delhi, special guardian on probate for Wm. Scott, Samuel Scott, Theodore H. Scott, James T. Scott and Jane E. Scott, miners, all of Delaware county, N.Y.; and to John Scott, residing in Ohio, but at what place cannot be ascertained, and to Henry Scott, whose residence cannot be ascertained:

You are hereby cited and required personally to be and appear before our surrogate of our county of Delaware, at his office in the village of Delhi, in said county, on the 18th day of December next, at ten o'clock in the forenoon, to attend the probate of the last will and testament of real and personal estate of Jane Scott, deceased, which will then and there be offered for that purpose, on the application of John S. McNaught, an executor named in said will.

Given under the hand and seal of office of our said surrogate, at the village of Delhi, aforesaid, the 30th day of October, 1854.

Wm. Gleason, Jun., Surrogate.
___________________________________________________________________________

(another paper: page front)
To Wm Gleason Jun Surrogate-

I hence consent to be appointed to act as Special Guardian on Probate of the hole of Mrs. Jane Scott late of Harpersfield deed, for Wm. Scott, Samuel Scott, James T Scott, Theodore H. Scott, Jane E. Scott, minors in the within papers mentioned heirs of said deed.

Oct 30th 1854
S.H. White

(page back)
The People of the State of New York

To Seth H White of the town of Delhi in the County of Delaware, GREETING:
Whereas, (illegible) John S. McNaught, an executor named in the last Will and Testament of Mrs. Jane Scott late of the town of Harpersfield in the county of Delaware, deceased, as is alleged, intends to make application to William Gleason, Jr., Surrogate of our County of Delaware, to have the said Will proved, before the said Surrogate, and recorded pursuant to the statures of the State of New York, - AND, WHEREAS, it has been satisfactorily made to appear that Wm. Scott, Samuel Scott, Theodore H. Scott, James T. Scott & Jane E. Scott of Harpersfield heirs of the said Mrs. Jane Scott are minors, I therefore, the said Surrogate, aforesaid, pursuant to the power in me vested by the said statutes, in pursuance of the order of my Court, before made and entered, do hereby appoint you, the said Seth H. White of the town of Delhi in the county aforesaid, guardian for the said minors, to take care of their interest in the premises.

Given under the hand and seal of office of the said Surrogate at Delhi, in the said County, the 30th day of October, 1854.

Wm Gleason Jun, Surrogate
____________________________________________________________________________

(another paper, page front)
Jane Scoot deed
Petition filed 30th Oct. 1854
Wm. Gleason, Surr

(page back)
The Petition of John S. McNaught shows to the Surrogate of Delaware County that Mrs. Jane Scott being then a resident of Delaware Bounty departed this life on or about the middle of May 1854, left a last Will dated the 28th day of Sept. 1850, whereas your petitioner is appointed executor thereof, that the deceased left the following heirs & next of kin viz children Thomas Scott, James Scott, of Harpersfield, Wm. Scott of Stamford & john Scott of Ohio but at what particular place cannot be ascertained, Henry Scott whose residence is unknown & cannot now be ascertained, also a son-in-law husband(?) of Jane Campbell died towit (her husband Samuel Campbell Harpersfield) & children of Samuel Scott viz Wm. Scott & Samuel Scott of Harpersfield, & children of Joseph Scott viz Theodore H. Scott, Jos. T. Scott & James E. Scott of Harpersfield.

That all of said grandchildren of the estate who are heirs, are under age & (illegible) General Guardian.

& Petitioner requests the recommended(?) steps may be take to prove said Will & Petitioner says the whole real & personal estate of said testative was of far less value than $5,000 & in his (illegible) only about $1000.

John S. McNaught

Del County
John S. McNaught being duly sworn say the matters set forth in his within petition are true & the best of his knowledge information(?) thereof.

John S. McNaught

Sworn before me on the 28th 1854
(illegible)
Justice of the Peace

___________________________________________________________________________
(another paper)

Delaware County
Surrogates Court

To Je(?) Palmer, Surrogate of the County of Delaware.

The petition of John S. McNaught respectfully showeth that he was duly qualified & appointed by the surrogate of Delaware County as the Executor of the last will & testament of Jane Scott late of Harpersfield in said County deceased on the 18th day of December 1854 & more than eighteen have elapsed since such appointment.

Your petitioner further shows that in & by her said last will & testament the said Jane Scott did dispose of her Estate as follows, to her son Thomas Scott $100. To her said son Robert Scott $50. To her son James Scott $100. To her said son James Scott $50. To her daughter Jane Campbell $100. To her son Josephh Scott $25. To her son Henry Scott $25. To her son John Scott $1. To her son Samuel Scott $1. To her son David $1. To her son Wm. Scott $50. & the remainder of her personal estate to her children James, Thomas William & Jane Campbell equally as by said will & the probate thereof, or the record of the same in said Surrogates office reference being thereto has willfully appear, and petitioner prays leave to make such reference if it shall be necessary on the final settlement of his accounts as such executor.

Your petitioner further shows that immediately after his appointment as such executor he entered you the duties of the (illegible) thereof and that he is prepared to render a final account of his proceedings as such executor. He therefore prays that a citation may (illegible) of & under the seal of this Court to be director to all persons interested in the Estate of said Jane Scott deceased requiring them to appear in this Court on a certain day to be therein specified to attend the final settlement of the accounts of petitioner as executor as aforesaid.

Dated October 8, 1856.

J. S. McNaught

____________________________________________________________________________
(another paper)

Surrogate Court, Delaware County
In the matter of the accounting of
John S. McNaught executor of
the last Will & Testament of
Jane Scott deceased.

To the Surrogate

Jane Scott deceased of the County of Delaware.

I, John A. McNaught of Hobart Delaware County do render the following account of my proceedings as such executor for final settlement & allowance.

On the 18th day of December 1854 letters testamentary were granted to me and I immediately entered upon the duties as said executor.

I have duly caused a notice for claimants to present their claims against the Estate of deceased to me within the period fixed by law and at a certain place therein specified to be duly published in a newspaper published in said County according to law for six months pursuant to an order of the Surrogate of Delaware County to which order notice. In due publication I refer as a part of this account.

Schedule A contains an account of the money & property which has come to my hands as such executor, and also of the manner in which I have disposed of the same.


I charge myself
with amount of cash &
property received by me.                                            $587.85

I credit myself with 
paid for postage                                                      $0.34  
Paid Surrogate                                                       $12.58 
Witness fees                                                           3.58 
Expenses to Delhi                                                      1.50 
Printers bill                                                          6.40
Paid Henry Scott (legacy)                                             20.00  
   "    Emeline Scott   "                                             25.00  
   "    James Scott   legacy & dividend                              130.00 
   "    James H. Scott  legacy                                        50.00 
   "    Thomas Scott   legacy & dividend                             130.00
   "    Tho Scott for his sons legacy                                 50.00 
   "    E. W. Blessing(?) legacy                                       1.00  
   "    Mary Scott      "                                              1.00
   "   Wm Scott    legacy                                             70.00  
   "   John Scott    legacy                                            1.00 
   "   postage                                                          .06 
   "   Emeline Scott   dividend                                       20.00
                                                                    $522.44  
Executor fees                                                         29.39
Expenses of final settlement                                           3.62
                                                                    $555.45

Amount received by me                                               $587.85  
Amount paid out by me                                                555.45  
                         leaving in executors hands                  $32.40

The above sum of $32.40 belongs to Thomas Scott, James Scott, William Scott 
and Joseph Scott, sons of deceased.

Thomas Scott is entitled to                                     $3.10
James Scott is entitled to                                      $3.10 
William Scott is entitled to                                   $13.10  
Joseph Scott is entitled to                                    $13.10 
                                                               $32.40               

J. S. McNaught

Delaware County

John S. McNaught being duly sworn says he is the executor of the last will and testament of Jane Scott deceased intestate and that the annexes & above account is in all respects just & true that the same according to the best of the knowledge & belief of deponent contains a full & true account of all his receipts & disbursements on account of the Estates of deceased & of all sums & property belonging to the Estate of deceased which have come to his hands as executor or which have been received by any other persons by his order or authority for his use & he doth not know of any error or (illegible) in the said account to the prejudice of any of the parties interested in the Estate of said deceased and deponent further says that the sums under twenty dollars charged in the said account for which no vouchers or other evidence of payment are hereto annexed or for which he may not be able to produce vouchers or other evidences of payment have actually been paid & disbursed as charges.

J. S. McNaught

Sworn before me
November 7, 1856
J. Palmer(?) Surrogate

Appendix A

The Estate of Jane Scott (deceased)


1854        For Paying Horace Hanford for Advertising (illegible)      .13                  
                "              "  Postage to & from Delhi              .21                                     
Dec 18    "               " Surrogate at time of proving will        12.58                         
          "     " B. Griffin fees to Delhi as witness to will         1.78            
          "                " Wm. B. Chamberland(?) Jr.                1.78                            
          "            " J. S. McNaught for expenses to Delhi         1.50                    
1856 April 8 "           " E. B. (illegible) for printing             6.40                              
1854 Dec 21"           " Henry Scott his Legacy                      20.00                           
1856 July 5  "           " Emeline H. Scott her Legacy               25.00                         
  "       8  "           " James Scott his Legacy & dividend        130.00                 
  "       8  "           " James H. Scott his Legacy                 50.00                         
  "       8  "           " Thomas Scott his Legacy & dividend       130.00                 
  "       8  "           " Thomas Scott for his Sons Legacy          50.00                       
  "       8  "           " Elizabeth W. Blissing her Legacy           1.00                       
  "       8  "           " Mary Scott her Legacy                      1.00                               
  "       9  "           " Wm Scott his Legacy & dividend            10.00 
                         "      John Scott his Legacy                 1.00                                     
                         "      Paying for postage                     .06     
July 17                  "      Paying Emeline Scott Dividend        20.00  
1854 July 9   Paid Cash at time of property coming into my hands     19.93           
     Dec 1 My payment from Samuel & D. Scott, Widows
                   on band & Mortgages                              114.00  
1855 Dec 1 My payment from Samuel & D. Scott Widows
                   on band & Mortgage                               107.00  
1856 July 8 My payment of note against Jos Scott                    118.08
       "  8 My "                "      Thomas Scott                 118.46
       "  8 My "                "      "                "            50.00
       "  9 My "                 "      Wm Scott                     60.88


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