Submitted by Sandi Scott Hill, July 11, 2001
William S. Cook Executor, of the last Will and Testament of MARY SHAW being duly sworn, do swear that I will faithfully and honestly discharge the duties of Executor of said last Will and Testament.
Sworn before me
April 28, 1858 - Wm. S Cooke
J. Palmer, Surrogate
MARY SHAW WILL
Be it remembered that at a Surrogates Court held at Delhi in and for the County of Delaware on the 28th day of April 1858, the last will and Testament of Mary Shaw late of the Town of Meredith in Said County deceased was duly proved before J. Palmer, Surrogate and was thereupon adjudged by said surrogate moved valid and Established as a will of Real and personnel Estate and the same together with the proof taken thereon are here recorded pursuant to an order of said Surrogate to wit:
"In the name of Lord Amen, I Mary Shaw of Meredith in the nine years and being of sound mind and memory do make, publish and declare this my last and Testament
in manner following that is to say.
My beloved and affectionate daughter, Elizabeth Whitney of Meredith aforesaid having taken care of me during illness and infinitely and being desirous so far as in my power to remunerate her for so doing, I do hereby
give and bequeath unto her the said Elizabeth Whitney all of my Property of Every Kind that I may be papered
of or Entitled to at the time of my decease. Having made application for bounty land on account of my late Husbands services and for back Pension, it is my wish and intention that the same if not recovered or obtained until after my decease shall become the sole property of my said daughter Elizabeth and I hereby constitute and appoint my said daughter Elizabeth Whitney Executrix and William S. cook, Executor of this my last will and testament. In testimony whereof I hereinto affix my name and seal this 10th day of January AD 1856.
Signed Mary Shaw There was an X mark and the initials L.S.
The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Mary Shaw as and for her last will and testament in presence of us who at her request and in her prescence and in the presence of each other have subscribed our names as witneses thereto.
S.A. Law of Meredith Delaware County, NY
S.A. Whitney of Meredith, Delaware County, NY
Delaware County, Surrogates Court
Sarah A. Halsted of the town of Meredith in the County of Delaware being sworn, deposes that she saw the above named Mary Shaw late of the town of Meredith in the County of Delaware deceased subscribe and execute the instrument now shown her and which purports to be the last will and testament of the said Mary Shaw and bears date of the tenth day of January 1856, and that she heard the said Mary Shaw declare the same to be her last will and testament and that she , this depotent together with Samuel A. Law Esq. The other subscribing witness subscribed her name as a witness to said instrument at her request and at the time thereof the said Mary Shaw
Was of sound mind and memory of full age to make said will and not under any restraint and depotents further says her maiden name was S. A. Whitney and that she has been married to Mr. Whitney since the execution of said will.
Sworn and subscribed before me, the 28th day of April 1858. Sarah A. Halsted.
J. Palmer, Surrogate
Mary Shaw Will
Dated March 8, 1858
To the Surrogate of the County of Delaware:
The undersigned respectfully shows that Mary Shaw late of Meredith in said County deceased on or about the 26th day of Sept. 1857 being a pensioner and inhabitant of said county. That she left a last will and testament in which your petitioner is appointed an Executor thereof. That Deceased left the following heirs:
Children: Bennett Bundy of said Meredith, Ebenezer Bundy of Wilton, Fairfield Co. CT. Currance Kellogg of Norwich, Del. Co., NY - Mrs. Julianne Gilbert of Ridgefield, Fairfield Co., CT; Lavina Dingee of the town of Stanford, Broome Co. NY. Alvah Shaw of Westchester Co., NY. Oliver Shaw of Delhi, Del. Co. NY and Elizabeth Whitney of said Meredith and That all of said heirs are of full legal age and therefore are hereby Petitioners of said will may be proved, established as a will of real and personal Estate.
And petitioners further shows that the whole property of said deceased will amount to but a few hundred dollars and for less than $5,000.00.
Dated March 8, 1858
Wm. S. Cooke
There were two signed documents from the surrogate Court asking All of the children: Elizabeth Whitney and Bennett Bundy of Meredith and Oliver Shaw of Delhi, Lavina Dingee of Stamford, Alvah Shaw, Ebenezer Bundy of CT; Currance Kellogg of Norwich and Julianne Gilbert of CT to Appear before the Surrogate of County of Delaware, NY on the 28th day of April 1858 to attend the Probate of the last Will and Testament of real and personal Estate of Mary Shaw.