Delaware County NY Genealogy and History Site

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Engraved on his headstone, in the Rosa Cemetery outside of Walton, are his dates:
Mar. 1, 1802 - May 20, 1874
However, according a Surrogate's Court document, he died on May 27, 1875.
Also, his birth year varies, from 1802-1805, within census records.

His first wife is: Polly Brink Rosa: Jan. 18, 1805 - Jan. 6, 1866

His second wife is: Catharine/Catharina France Wood Rosa: Sept. 18, 1803 - Feb. 5, 1896
She's the widow of Benjamin Wood. Catharine did not remarry after James' passing.

Polly and Catharine are also buried in the Rosa Cemetery.

Transcribed by Cindy Simmons, March 4, 2002


To Edwin D Wagner Surrogate of the County of Delaware

The petition of James D Rogers of the town of Walton in said county respectfully showeth that James Rosa late of said town of Walton, farmer, departed this life in the said town on the 27th day of May 1875 having previously as your petitioner is informed and believed, duly made and executed his last Will and Testament that your petitioner is the sole executor named in said Will. That the said deceased was a citizen of the United States, and at the time of his death was an inhabitant of the County of Delaware and that his said last Will and Testament relates to both personal and real estate.

Your petitioner further shows, that the heirs and wife of kin of the said James Rosa are William H Rosa residing at Masonville in the County of Delaware. Nelson Rosa & Catherine Simmons wife of Andrew Simmons both residing in Walton in said County and Mary E Rosa residing Kingston Ulster County New York all of whom are of full age. That Catharine Rosa residing in the said town of Walton, of full age, is the widow of the said James Rosa deceased. Your petitioner therefore prays that a citation may i____ out of and under its seal of this court to be entrusted to the proper persons provisional with statutes requiring them and each of them, at such time and place as shall be in the said citation mentioned. To affirm and attend the probate of the said last Will and Testament and that such further or other proceedings in the ______ should be duly had as may be requisite to the proving and recording of the said last Will and Testament and the granting probate and letters testamentary thereof.
Dated this 5th day of August 1875

August 1875 personally appeared before me, James D Rogers, the petitoner named in the foregoing petition, who being by me duly sworn did depose and say that he had read the foregoing petition by him subscribed and knew the contents thereof, and that the same was true of his own knowledge excepting as to the matters within stated on his information and belief and as to those matters he believes it to be true.
M W Marvin, Notary Public


William H Rosa of Masonville Del. Co. NY
Nelson Rosa & Catharine Simmons both of Walton Del Co. NY
Mary E Rosa of Kingston, Ulster Co. NY
Catharine Rosa of Walton Del Co. NY

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 30th day of August 1875 at ten o'clock in the forenoon, to attend the Probate of the Last Will and Testament of real and personal estate of James Rosa deceased, which will then and there be offered for that purpose, on application of James D Rogers, an executor in said Will.

IN TESTIMONY WHEREOF, we have caused the Seal of Office of our said Surrogate to be hereunto affixed.
WITNESS, Edwin D Wagner, Surrogate of the said County, at Delhi aforesaid, this 6th day of August 1875
George A Fisher, Clerk to the Surrogate's Court


Be it _________ that at a Surrogates Court held at the Surrogate's Office in Delhi in said
for the County of Delaware on the 20th day of September 1875 the last Will and Testament of James Rosa late of the town of Walton in the County of Delaware deceased was duly proved before Edwin D Wagner Surrogate of said County and was by said Surrogate adjudged valid and established as a will of Real and personal Estate and the same together with the proofs and examinations taken are the probate thereof are persistant to an order of said Surrogate here recorded to ____ .

I James Rosa of the Town of Walton Delaware County State of New York being of the age of seventy years and being of sound and disposing mind and memory do hereby make declare and publish this my last Will and Testament.

I I give and bequeath unto my very beloved wife Catharine the right to use and occupation & the use and occupation of all my real estate and personal property which may remain at my decease after paying all my just debts and liabilities for and during the time of her natural life in case she remains a widow. But in case she remarries then & in that case all her rights under and by virtue of this will shall at once cease and determine this devise being intended to be in heir and instead of the right of dower of the said Catharine in my estate.

II On the death of my said wife or on her remarriage as herein before provided there I give and bequeath that all of my real estate and personal property what remains after the payment of all of my just debts and liabilities and after purchasing and placing at my grave and at the grave of my said wife Catharine (in case she be deceased) suitable and proper tombstones at my grave and paying all my funeral expenses and charges to my four children Catharine Simmons, Mary Rosa, William H Rosa, and Nelson Rosa share and share alike the said division to be made by my executor immediately on the death or remarriage of my said wife Catharine.

I appoint James Rogers Esq., Executor of this my last Will and Testament.
I hereby revoke and annul away will or wills here before executed by me.
In witness _____ of I have hereunto set my hand this 21st day of May 1875.

James (his "x" mark) Rosa

witnesses G. W. Robinson residing at Walton, NY
Miles Brawley residing at Walton, NY

Subscribed by James Rosa the testator named in the foregoing will in our presence and at the time of making such subscription declared by the testator to be his last Will and Testament at the end of the will at the request of the testator and in his presence
G. W. Robinson
Miles Brawley

Delaware County Surrogate Court
In the matter of the probate of the last Will and Testament of James Rosa late of said County deceased as a will of Real and Personal Estate.


Of all the Personal Property and effects of James Rosa late of the town of Walton in the County of Delaware, deceased, made by James D Rogers, Executor of the estate of said deceased, with the aid and in the presence of Lewis Marvin & Stephen Berry they having been previously appointed
and sworn as APPRAISERS. Done at the town of Walton in the County of Delaware, this fifth day of October 1875.

Delaware County as we, (signed) Lewis Marvin & Stephen Berray, Appraisers, duly appointed by the Surrogate of the said County of Delaware, do severally swear and declare that we will truly, honestly and impartially appraise the personal property and effects of James Rosa late of the town of Walton in the said County, deceased, which shall be for that purpose exhibited to us, to the best of our respective knowledge and ability. Sworn before me this day of October 1875.
(signed) Lewis Marvin
Stephen Berray
S. S.Steele, Justice of the Peace

We certify the annexed to be a true INVENTORY of goods, chattels and credts of James Rosa deceased, with the value of the several articles, as far as the same have been shown to us. Dated: Oct. 5th 1875.
(signed) Lewis Marvin
Stephen Berray
I James D. Rogers executor of the last Will and Testament of James Rosa deceased, do swear that the annexed INVENTORY, is, in all respects, just and true; that it contains a true statement of all the personal property of the said deceased which has come to my knowledge and particularly of all money, bank bills, and other circulating medium, belonging to the said deceased, and of all just claims of the deceased against me, according to the best of my knowledger

Sworn and Subscribed before me this 9th day of October 1875
(signed) J.D. Rogers, his ____Notary Public

The following articles are stated but not appraised being set apart according to law for the widow
one stove
the family bible, family pictures
one cow
one hog
and necessary food for for such cow and hog for sixty days
all fuel and provisions on hand there being less than a supply for sixty days for the widow
all clothing belonging to the widow
one bed with bedstead and bedding
one table, six chairs all knives & forks
all plates, teacups & saucers in number of each being less than twelve
one spinning wheel

The following articles are appraised and set apart for the use of the widow in addition to the enumerated above, in persuance of the statutes to Will

      one bureau                                  $4.00
      one sugar pan                               $1.50
      bedding                                     $2.00
      one wood saw                                  .75
      one two inch angle                            .75
      one _ _ lane                                  .75
      one tool chest                                .75
      one broad ax                                $2.00
      two cider barrels                           $2.00
      2000 ft hemlock logs (in the woods)         $5.00
      Note for $10.00 against Wm. Rosa now worth $10.22
      All the hay in the barn on the premises     $5.00
                                      (total)    $36.97

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