Person:Daniel Sackett (5)

Despite Weygant^[3] listing Benjamin and Phebe (Davis) Sackett's son Daniel as marrying Abigail Smith and living in western New York, Ohio and Michigan, he was in error, and this Daniel Sackett, who might have married Sarah Pardee and lived in Troy, NY, is actually Benjamin and Phebe's son^[2]. There is a lot of circumstantial evidence that he married Sarah Pardee of Stephentown, but just as much evidence exists that negates that information.

Personal History

Active and Enterprising Merchant

Daniel conducted business in New York City prior to his death. His obituary ran in NYC's Spectator.

At the time of his death in 1845, Daniel owned shares in the Troy Greenback Association, the Troy & New York St. Boat Association (possibly the Troy and New York Steam Boat Association), and Troy House Stock, worth $1350 total.

Twas the Night Before Christmas

Supposedly, Daniel's wife gave a copy of T'was the Night Before Christmas that she had written to the person who brought it to the publisher. For more information on authorship of the poem, see Authorship Controversy at A Visit from St. Nicholas at Wikipedia. Note that while some people have identified the wife as Sarah Pardee Sackett, the original letter identified her only as "Mrs. Sackett, wife of Daniel Sackett a merchant in Troy"

Surrogate Record

Daniel's surrogate record is extensive (and challenging to read), so instead of including it on this page, you can read it here.

illegible: 3 lines squished into one

Probate Record

The following is the probate record as obtained from sampubco.com (NY-42-34-386). The page numbers are the page numbers of the NY volume. The start of the text on page 386 looks like the sentence actually started on page 385, but that page was not included in the zip file I received. Any notes are indicated by single square brackets, such as [illegible]. Where in the text words were added above the line, those words are within carets: ^this was forgotten^. Signatures are marked (sig) or /S/.

[p.386]

D. Sackett 1845 probate p.386

1845 Present Stephen Reynolds Jr Surrogate In the matter of the } last Will & Testament of} Daniel Sackett deceased} Be it remembered that heretofore that is to say at a Surrogates Court held for the County of Rensselaer at the City of troy in said County on the 12th day of April 1845 before Stephen Reynolds Jr Surrogate of said County personally appeared Charles H. Kellogg an Executor named in the last Will and Testament of Daniel Sackett late of the City of Troy in the County of Rensselaer deceased & made application to said Surrogate to have the Will of the deceased proved and recorded pursuant to the Statutes of the State of New York in such case made & provided & thereupon presented a petition for the proof thereof both as a Will of real and personal estate verified by his oath setting forth that the said Daniel Sackett died a natural death at his residence in the City of Troy in said County of Rensselaer on or about the 8th day of April 1845 and that said will relates to both the real & personal estate. And the Said Charles H. Kellogg Executor as aforesaid then & there made due and satisfactory proof before said Surrogate of the names, ages & places of residence of the Widow (& next?) all the heirs at Law & next of Kin of the said Daniel Sackett deceased so far as the same could be ascertained according to the form of the statutes in such case made and provided. And thereupon said Surrogate did then & there issue a Citation to the Widow and heirs at law & next of kin of the said Daniel Sackett deceased requiring them to appear before the said Surrogate at his office in the City of Troy aforesaid to attend the probate of the last Will & Testament of the said Daniel Sackett deceased in manner and form & in pursuance of the Statutes in Such Case made & provided. And thereupon afterwards that is to say at a Surrogates Court held for the County of Rensselaer at the City of Troy in said County on the 2nd day of June 1845 the said Charles H. Kellogg Executor as aforesaid again appeared & the Citation heretofore issued not being returned the said Surrogate by an order duly adjourned the hearing of the matter to the 17th day of June 1845 at 10 o’clock at the office of said Surrogate in Troy aforesaid. And thereupon afterwards that is to say at a Surrogates court held for the County of Rensselaer at the City of Troy in said County on the said 17th day of June 1845 the said Charles H. Kellogg Exectuor as aforesaid again appeared before the said Surrogate

[p.387]

D. Sackett probate 1845 p.387

The People of the State of New York by the Grace of God free and independent To Sarah Sackett of the City of Troy in the County of Rensselaer & State of New York, Ezra D. Sackett of the Town of Lebanon in the County of Columbia, Benjamin Sackett of State of New York, Calvin P. Sackett of the Town of Canaan in said County of Columbia, Benjamin Sackett of Rushville in the County of Cortland in the State of New York, the children of John Sackett deceased & the children of Eliza wife of Uri Hill deceased whose names & places of residence after diligent inquiry cannot be ascertained, Mrs. Sackett Widow of Richard Sackett deceased whose place of residence after diligent inquiry cannot be ascertained, Joseph Lord of Lebanon Columbia County aforesaid, Daniel Lord of the City and County of the New York & Elvira Wheeler wife of Charles H. Wheeler of Canaan Columbia County aforesaid heirs at Law & next of Kin of Daniel Sackett late of the City of Troy in the County of Rensselaer deceased Greetings: You & each of you are hereby cited & required personally to be and appear before our Surrogate of our County of Rensselaer at the Surrogates office in the City of Troy in said County on Monday the 2d day of June 1845 at ten o’clock in the forenoon of that day, to attend to the probate of the last will & testament of Daniel Sackett, deceased, which will then and there be offered for that purpose by Charles H. Kellogg, executor named in said Will, who has applied to the said Surrogate for the proof of said will, and which will relates to real & personal estate.

In Testimony whereof we have caused the Seal of office of our Said Surrogate to be hereunto affixed. LS Witness Stephen Reynolds Jun Esquire Surrogate of the said County at the City of Troy the 12th day of April 1845 S. Reynolds Jr, Surrogate

I admit due Service of a Copy of the foregoing Citation 12 April 1845 S. Sackett Before the Surrogate of the } County of Rensselaer } In the matter of proving the } last Will & Testament of } County of Cortland SS W. B Daniel Sackett decd } Butterfield being duly sworn says that on the 26th day of April 1845 he served on Mrs. Eliza S. Pattison of the Town of Homer in said County a Copy of the

[p.388]

D. Sackett probate 1845 p.388

Sworn before me the 28th W. B. Rutherford day of April 1845 } Edward C. Reed Sup Court Commissioner resding in Courtland County Before the Surrogate of the County of Rensselaer } In the matter of proivng the last Will & Testament of Daniel Sackitt Decd } County of Columbia SS Hiram Allen being sworn says that on the 24th day of May instant he served on Nancy Sackett of the Town of Ghent in said County a Copy of the within Citation & at the same time showing to her the written original with the seal of this court impressed thereon and further that Service was made on the said Nancy Sackett personally Sworn before me the 24th day } Hiram Allen of May in the year 1845 } Nelson Martin Justice of the peace Before the Surrogate of Rensselaer County } In the matter of proving the last will & Testament of Daniel } County of Rensselaer SS. Ebenezer Sackett deceased } D. Bassett of the Town of Nassau within County of Rensselaer Physician being sworn says that in the twentyfirst day of May in the year eighteen hundred and forty five he served a Copy of the annexed Citation on Ezra D. Sackett by delivering the same to a daughter in law of the said Ezra & that said daughter in law was of and resided in the house of the said Ezra & was of suitable age & descretion to receive the same. And further that the said Ezra (and?) his wife were absent from then residence at the time of such service & that such person on which such service was made informed deponents & he verily believes that she was daughter in law of said Ezra & resided with him. And [crossed out: further] this deponent further says that the said Ezra D. Sackitt resides in the Town of Lebanon in the County of Columbia and State of New York.

That on the twentyfirst day of May in the year Eighteen hundred & forth five this deponent served on Calvin P Sackitt a Copy of the annexed Citation a Copy of the annexed Citation by delivering the same to him personally & that the said Calvin resides within the Town of Canaan in the County of Columbia aforesaid

That on the said twenty first day of May in the year Eighteen hundred and fortyfive this deponent served on Joseph Lord a Copy of

[p.389]

D. Sackett probate 1845 p.389

That on the same day this deponent served on Elisa Wheeler the wife of Charles H. Wheeler a Copy of the within Citation by delivering the same to her personally

And this deponent further says that at the time of each and every of the services abovementioned the within orignal was shown to each & every of the persons on whom such service was made. Sworn before me the 2nd E.D. Bassett days of June 1845 } J.L. Lane Commissioner of Deeds SS Troy Before the Surrogate of Rensselaer County } In the matter of proving the last Will & Testament of Daniel Sackett decd } County of Rensselaer SS Calvin P. Bassett of the City of New York Counsellor at Law being sworn says that on the twentieth day of April in the year Eighteen hundred & fortyfive he deposited in the post office at the City of Troy in the said County of Rensselaer a true Copy of the annexed Citation folded in the usual letter form addressed to Henry Sackett at the Town of Pittsfield in the County of Berkshire & State of Massachusetts that on same day he deposited in the same post office another Copy of the annexed Citation in like manner addressed to Ezra Sackett at the said Town of Pittsfield. That on the same day he deposited in the same post office another Copy of the annexed Citation in like manner addressed to Freeman Sackett at the said Town of Pittsfield. That on the same day he deposited in the same post office another Copy of the annexed Citation in like manner addressed to Amanda Reuse at the said Town of Pittsfield in that on the same day he deposited in the same post office another Copy of the annexed Citation in like manner addressed to Mrs. Richard Sackett at the Town of Newburne & State of North Carolina.

And that deponent further says that on the fifteenth day of April in the year Eighteen hundred forty five he served on Daniel Lord a Copy of the annexed Citation by delivering the same to him personally & that said Daniel resided in the City of New York.

[p.390]

D. Sackett probate 1845 p.390

And this deponent further says that each & every of the Copies of the annexed Citation except those deposited in the post office as herein abovementioned were served as herein abovementioned and by showing the annexed original with the seal of this County impressed thereon to each & every of the persons on whom such service was made. And this deponent also says that as he is informed of the diligent search & inquiry for that purpose, that the said Henry Sackett, Ezra Sackett, Freeman Sackett & Amanda Rouse resided at the time of the abovenamed service on them at the said Town of Pittsfield and that the said Mrs. Richard Sackett when last heard form resided in the said Town of Newbern. Sworn before me the 17th C. P. Bassett day of June 1845 } Geo Day } (Colw ?)of (deds?) SS Troy

The People of the State of New York by the Grace of God free & independent SS To Sarah Sackett of the City of Troy in the County of Rensselaer in State of New York: Ezra D. Sackett of the Town of Lebanon in the County of Columbia & State of New York, Calvin P. Sackett of the Town of Canaan in said County of Columbia, Benjamin Sackett of Rushville in the County

[p. 391]

D. Sackett probate 1845 p.391

You & each of you are hereby Cited & required personally to be & appear before me Surrogate of our County of Rensselaer at the Surrogate office in the City of Troy in Said County on Monday the 2 day of June 1845 at ten o’clock in the forenoon of that day to attend to the probate of the last Will & Testament of the said Daniel Sackett deceased which will then & there be offered for that purpose by Charles H. Kellogg Executor named in said Will who has appeared to the said Surrogate for the proof of said Will & which relates to real & personal Estate

In Testimony whereof we have caused the Seal of office SS of our said Surrogate to be hereunto applied Witness Stephen Reynolds Jr Esq. Surroagte of the said County at the City of Troy the 12th day of April 1845 S. Reynolds Jr Surrogate State of New York City & County of Albany } SS Philo K. Cole of the City of Albany being duly sworn says that his foreman in the office of the Albany Argus, the paper published by the Printer to the State & that the notice of which he annexed is a printed Copy, has been regularly published in said Albany Argus and on each week for six weeks successfully commenced on the sixteenth day of April 1845 Sworn before me this 23rd day } Philo K. Cole of May 1845 } Fred. W. Cole } Commission of Deeds And thereupon said Surrogate being Satisfied from the proofs made on the premises that said Citations have been duly served on all the persons required by law to be served & that the same has been duly published with State Paper. Thereupon Jeremiah (Rossecrpor?) Esq. appeared as attorney for Charles H. Wheeler & Elvira his wife the heirs at Law & next of Kin of the said Daniel Sackett deceased to contest the validity of said Will Wherepon it was ordered by said Surrogate that the said Charles H. Kellogg Executr as aforesaid have leave to proceed with the proof of said Will as a Will of real and personal Estate

[p.392]

D. Sackett probate 1845 p.392

County of Rensselaer Surrogate Court } In the matter of proving the Will & Testament of Daniel Sackett deceased } County of Rensselaer SS John L. Lamport of the City of Troy in the County of Rensselaer aforesaid being first duly sworn in open Court on his Corporal oath doth solemnly depose and say that he is a subscribing witness to the last Will & Testament of Daniel Sackett late of the City of Troy in the county of Rensselaer aforesaid deceased and this deponent further saith that the said Daniel Sackett the said Testator did within the presence of this deponent subscribe his name at the end of the instrument which is now shown & exhibited to this deponent, for which presents to be the last Will & Testament of the said Daniel Sackett & which bears date on the 22d day of November in the year of our Lord one thousand eight hundred and forty one And this deponent further saith that the said Daniel Sackett the said Testator did at the said time of subscribing his name as aforesaid at the end of the said Will declared the said instrument so subscribed & now exhibited to be his last Will and testament. And this deponent did thereupon subscribe by name at the end of said Will as an attesting witness thereto & at the request of the said Testator & in his presence. And this deponent further saith that at the said time when the said testator subscribed his name to the said last Will as aforesaid the said Daniel Sackett was of sound mind & memory of full age to execute a Will & was not under any restraint to the knowledge information or belief of this deponent. And that Jacob L. Lane the other Witness to said Will did at the same time together with this deponent subscribe his name to the said Will as Witness thereto at the request of said Testator in his presence & in presence of each other. And further this deponent saith not Subscribed & sworn this 17th} John L. Lamport day of June 1845 } S. Reynolds Jr. Surrogate of Rensselaer County

County of Rensselaer Surrogate Court } County of Rensselaer SS Jacob L. Lane of the city of Troy in the County of Rensselaer aforesaid being first duly sworn in open Court in his Corporal oath doth solemnly depose & say that he is a subscribing Witness to the last Will & Testament of Daniel Sackett late of the City of Troy in the County of Rensselaer aforesaid deceased and this deponent further saith that the said Daniel Sackett the said testator did in the presence of this deponent subscribe his name at the

[p.393]

D. Sackett probate 1845 p.393

Subscribed & sworn this 17th } J. L. Lane day of June, 1845 } S. Reynolds Jr. Surrogate of Rensselaer County

County of Rensselaer Surrogate Court } In the matter of proving the Codicil } County of } to the Will & Testament of Daniel Sackett deceased } Rensselaer } SS. Jacob L. Lane of the City of Troy in the County of Rensselaer aforesaid being first duly sworn in open Court on his Corporal oath doth solemnly depose & say that he is a subscribing Witness to the Codicil to the last Will & Testament of Daniel Sackett late of the City of Troy in the County of Rensselaer aforesaid deceased And this deponent further saith that the said Daniel Sackett the said Testator did in the presence of this deponent subscribe his name at the end of the instrument which is now shown & exhibited to this deponent which purports to be the Codicil to the last Will & Testament of the said Daniel Sackett & which bears date on the 18 day of February in the year of our Lord One thousand and eight hundred & forty-five and this deponent further saith that the said Daniel Sackett the said Testator did at the said time of subscribing his name as aforesaid at the end of the said Codicil to said Will declare the said instrument so subscribed & now exhibited to be a Codicil to his last Will & Testament. And this deponent did thereupon subscribe his name

[p.394]

D. Sackett probate 1845 p.394

Subscribed & sworn this 17th } J. L. Lane day of Jeny 1845 } S. Reynolds Jr. Surrogate of Rensselaer County

County of Rensselaer } Surrogates Court } [crossed out: County of Rensselaer SS] In the matter of proving the Codicil to the Will & Testament of Daniel Sackett deceased } SS Matthew Lane of the City of Troy in the County of Rensselaer aforesaid being first duly sworn in open Court on his Corporal oath doth solemnly depose & say that he is a subscribing Witness to the Codicil to the last Will & Testament of Daniel Sackett late of the City of Troy in the County of Rensselaer aforesaid deceased and this deponent further saith that the said Daniel Sackett the said Testator did in the presence of this deponent subscribe his name at the end of the instrument which is now shown & exhibited to this deponent & which purports to be the Codicil to the last Will & Testament of the said Daniel Sackett which has date on the 18th day of February in the year of our Lord one thousand eight hundred & fortyfive. And this deponent further saith that the said Daniel Sackett the said Testator did at the said time of subscribing his name as aforesaid at the end of the said Codicil to said Will declare the said instrument so subscribed & now exhibited to be a Codicil to his last Will & Testament and this deponent did thereupon subscribe his name at the end of said Codicil to said Will as an attesting Witness thereto & at the request of the said Testator in his presence. And this deponent further saith that at the said time when the said Testator subscribed his name to the said Codicil to said last Will as aforesaid the said Daniel Sackett was of sound mind & memory of full age to execute a Will & was not under any restraint to the knowledge information or belief of this deponent and the Jacob L. Lane the other Witness to said Codicil to said Will as Witness there to at the request of said Testator to his presence & in presence of each other: And further this deponent saith not.

[p.395]

D. Sackett probate 1845 p.395

day of June1845} S. Reynolds Jr. Surrogate of Rensselaer County

In the matter of proving the last Will } & Testament of Daniel Sackett deceased} J. L. Lane Cross examined by J.(Runyan?) atty for Charles H. Wheeler & his wife Respondents. Witness says Mr. Sackett resided in 7th St in Troy at the time of his death. I think he was employed in Rail Road office, had no family except himself & wife. I have Seen Mr. Sackett write frequently. I think the Will and Codicil he wrote himself, they were executed in my office. Mr. Sackett came to my office with the Will, the will was not expected when he brought it to my office. I saw him execute the Will. I never saw or heard anything but what he was sane, when he and executed the Codicil he was infirm. I think his mental capacity was not impaired at the time he executed the Codicil I think he was about 56 years of age. Sworn before me the 17th } J.L. Lane day of June, 1845 } S. Reynolds Jr. Surrogate J. T. Lamport Cross examined says he saw Mr. Sackett execute the will. I think his health was as good as usual. This spring he complained of ill health. I once knew a brother of his. I do not know that he is now living. I have no doubt of his capacity to execute a will. Sworn the 17th day of } John L. Lamport June 1845 before me } S. Reynolds Jr. Matthew Lane cross-examined says at the time he executed the Codicil was in a poor state of health. At the time he executed the Codicil I saw nothing but what he was capable of doing any act. Sworn before me in the 17th } M. Lane day of June 1845 } T. Reynolds Jr. Surrogate and thereupon said Surrogate be satisfied by the proofs made in the (presences?) that said Daniel Sackett deceased did execute the said Will and Codicil thereto annexed and publish the same as for his last will and testament in due form of law – that the same was duly attested by the witnesses whose names are thereunto subscribed in the presence & at the request of the said Testator. & that at the time of the execution thereof the said Daniel Sackett was of sound mind & manner of full age to execute a Will & was not under any

[p.396]

D. Sackett probate 1845 p.396

And the said Surrogate being all satisfied by the proofs aforesaid of the (g—–?) & validity of said will. It was thereupon then & there Ordered by him that said it will ^{& Codicil then} be and the Law is hereby (dermotte?) to probate both as a will of real & personal estate. And it is further ordered by said surrogate that said Will & Codicil thereto annexed together with the proofs thereof be recorded as a will of real Estate which said proofs so ordered to be recorded are here and before recorded & contained, and which said will so ordered to be recorded is recorded in the words and figures following to wit.

Will Considering the uncertainty of human life & being through the great goodness & mercy of God of a sound mind & in the (enjoyments?) of good health, I Daniel Sackett of the City of Troy make this my last will and testament and manner following viz.

I give & bequeath to my beloved wife Sarah Sackett all my property of my description both real & personal wheresoever it may be found of which I may (die sized prescribed?) or in any manner entitled to either in law or equity, out of which bequeathed. I declare my dear wife to pay all legal demands against me.

Two I hereby appoint my said beloved wife Sarah Sackett Executrix & my friends Steven W. Dunn and Hartford N. Lockword Executors of this my last will and testament.

In witness whereof I have hereunto set my hand & seal this twenty-second day of November in the Year One thousand eight hundred forty one. D. Sackett S.S. Signed sealed published & declared by the above named Daniel Sackett to be his last will and Testament in presence of us who have at his request hereunto subscribed our names in presence of the Testator J. L. Lane of Troy Rensselaer County N.Y. Jno. T. Lamport of Troy Rensselaer C N.Y.

Codicil whereas I Daniel Sackett of the City of Troy have made my last will and testament in (myhug?) bearing date 22 Nov. 1841. Now I am by this my (unhug?), which I hereby declare to be a Codicil to my said will to be taken as part thereof and whereas in my (inf?) said it will I appointed my friends S. W. Dunn & H. N. Lockword Executors for of said will I do hereby revoke the said appointments, & and in their stead constitute & appoint my friend Charles H. Kellogg Executor of this my last Will & Testament. It is my desire that this Codicil be made part of my last Will and testament to all intents & purposes. In witness whereof I have

[p.397]

D. Sackett probate 1845 p.397

D. Sackett Signed sealed published & declared by the abovenamed D. Sackett as a Codicil to be annexed to his last will & Testament in presence of J. L. Lane, Tory Rensselaer Co M. Lane Troy Rensselaer Co

Rensselaer County SS I Stephen Reynolds Jr Surrogate of Rensselaer County do hereby certify the foregoing to be a true record of the last Will & Testament of Daniel Sackitt deceased with the proofs thereof both as a Will of real & personal Estate & that the same was duly recorded as a Will of real Estate this 17th day of June 1845. S. Reynolds Jr Surrogate.

Analysis

Using the text of the Executor's Petition in Daniel Sackett's Surrogate Record compared to his probate record, the following conclusions can be made:

Lavinia Sackett's child Daniel (Lord) was believed to have lived in the City of New York in 1845 (and he was served the Citation in the City of New York).

Benjamin Sackett, Daniel's brother, lived in Rushville, Yates, NY with his wife in 1845 (Surrogate's Record listed it in Ontario Co., obviously in error).

The widow of Richard Sackett, Daniel's brother, was believed to have lived in Newburn, North Carolina in 1845.

Connections to the Hill family^[6]

So, the rest of the Sackett heirs mentioned in the Petition and Probate are probably the children of Daniel's brother John (because everyone else is accounted for):

• Mrs. Eliza S. Pattison (Homer)
• Nancy Sackett (Ghent)
• Henry Sackett (Pittsfield)
• Ezra Sackett (Pittsfield)
• Freeman Sackett (Pittsfield - only offspring of John listed by Weygant)
• Amanda Rouse (Pittsfield)
• possibly Pamela Meride if she is not the daughter of Eliza (Candor)
• Benjamin Sackett (Spencer)

References

1. ↑ Daniel Sackett 117, in New York. Surrogate's Court (Rensselaer County). Rensselaer County Surrogate's Court Records 1786-1917
   1845.

   Daniel Sackett's Surrogate Record

2. ↑ Benjamin Sackett 303, in New York. Surrogate's Court (Rensselaer County). Rensselaer County Surrogate's Court Records 1786-1917
   1826.
3. ↑ Weygant, Charles. The Sacketts of America: their ancestors and descendants, 1630-1907. (Newburgh, N.Y. : Journal Print, 1907).

   In error lists the as the son of Benjamin the Daniel who married Abigail Smith. See Daniel Sackett b. 1788 d. 1862.

4. ↑ Died., in New York, NY. Spectator. (New York, NY)
   Volume: XLVIII Page: 3, 12 April 1845.

   At Troy, suddenly on the 9th inst. DANIEL SACKETT, Esq., in the 58th year of his age. Mr. Sackett had been from early manhood a resident of Troy, and until within the last few years an active and enterprising merchant,--Previous to his removal to this city he resided in New York, from which port he made several voyages in the capacity of supercargo.

5. ↑ 116278323, in Find A Grave.

   https://www.findagrave.com/memorial/116278323
   
   Inscription
   wife-Sarah H. Pardee

6. ↑ He apparently had nieces and nephews from Eliza (aka Betsey) who married Uri Hill. A William Hill was served in Danby, Thompkins, NY, and also served in Danby was Lavinia Kellogg, wife of Miles Kellogg; could she have been Lavinia Hill? The process server also listed Pamela, wife of Jacob Meride in that section (living in Candor, Tioga, NY: 11 miles from Danby), so maybe she is a possible third daughter of the Hills?