Surrogate Record for Daniel Sackett of Troy

Surrogate and Probate Records

(Note: Adding the transcriptions is still in progress. 20 December 2012.)

This Surrogate's Record was obtained from the Rensselaer County Historical Society, and the probate record from the NY volumes available through sampubco.com: NY-42-34-386. The entire text of the probate is not included in the Surrogate's Record, but the record contains copies of the originals of all affidavits, of which only a hand copy exists in the probate, and these were used to verify spellings of illegible words in the probate record.

Surrogate's Record

The order of the pages in the copies received of Daniel Sackett's Surrogate's Record do not match the order of pages in the Probate Record. As to the subheadings, not all of the documents had headings, and most of those that did had long-winded legal headings; therefore, the headings below are crafted for the purpose of this article.

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/.

Petition of Executor praying that citations be issued to heirs

Executor's Petition 1845

In the matter of proving the Last Will and Testament of Daniel }
& Codicil of Daniel Sacket deceased.}
To Stephen Reynolds. jr Esquire, Surrogate of the County of Rensselaer:--

The Petition of Charles H. Kellogg [one of]

the Executor named in the last Will and Testament
of Daniel Sackett, late of the City of Troy in the county of
Rensselaer and State of New York, deceased, respectfully sheweth, that the said Daniel Sackett
died a natural death, on or about the 8th day of April 1845 at the City of Troy
in the County of Rensselaer aforesaid, which was the place of his residence at the time of his death; that the instrument
now presented and shown to your Petitioner, purporting to be the last Will and Testament & Codicil
of the deceased, and bearing date upon the 22d day of November 1841 ^& Codicil thats dated 18 Feby 1845^ your Petitioner
verily believes to be such last Will and Testament & Codicil that the said Instrument purporting
to be such last Will and Testament & Codicil relates to both real and personal estate, that the same was found
in the private trunk of the said Testator by Calvin P. Bassett
who has kept the [illegible] in his possession until he delivered the same
to your Petitioner
who has kept the same in his posssession(sic) from and after the time he so received the same as aforesaid until this day,
and until he delivered the same to the Surrogate of the County of Rensselaer for Probate. And your Petitioner
further shews that the deceased left a widow, viz Sarah Sackett, of the City
of Troy in said County of Rensselaer & the following
heirs, viz. Ezra D. Sackett of the Town of
Lebanon in the County of Columbia, Calvin
P. Sackett of the Town of Canaan in said
County of Columbia, & Benjamin Sackett of
Rushville in the County of Ontario, brothers of
the Testator. the children of John Sackett deceased
whose names & places of residence are unknown &
cannot be ascertained ^on diligent inquiry^, the children of Eliza wife
of Uri Hill deceased whose names & places of residence
are unknown & cannot be ascertained ^on diligent inquiry, the nephews or neices of said Testator^, Mrs.
Sackett Widow of Richard Sackett, deceased, ^a Brother of [testator?]^ whose
place of residence is unknown, Joseph Lord who married
Lavinia Sackett, deceased a sister of said testator [of ____ Columbia County & Daniel of?]
the City of New York & Elvira Wheeler, wife of Charles Wheeler ^of newburne of Charleston in [SouthNorth Carolina]^ children of the said
Lavinia Lord deceased all of who are of full age

illegible: 3 lines squished into one

and who are all and the only heirs at law and next of kin of the said deceased. Your Petitioner therefore prays that a
citation may issue to the widow & heirs at law and next of kin to the said deceased
requiring them to appear before the said Surrogate, at his office in the city of Troy
in the county of Rensselaer aforesaid, on the 2d day of June 1845, at 10 o'clock in the forenoon
of that day, to attend the Probate of the said last Will and Testament, according to the form of the Statutes of the State of
New-York, in such case made and provided. And your Petitioner as in duty bound, will ever pray, &c.
Dated Troy, 12th April 1845
STATE OF NEW YORK, }
RENSSELAER COUNTY, } ss: Charles H. Kellogg Charles H. Kellog(sig)
the above named Petitioner being duly sworn upon his oath says hat(sic)
the facts stated and set forth in the above Petition by him subscribed, are true according to the best of his knowledge and belief.
Subscribed and sworn this 12" day of April 1845 }
before me GerDay Comm of Deeds Troy(sig) SurrogateCharles H. Kellog(sig)
STATE OF NEW YORK, }
RENSSELAER COUNTY, } ss: I Sarah Sacket do swear, that I will faithfully and honestly
discharge the duties of Executrix of the last Will and Testament of Daniel Sacket
deceased
Subscribed and sworn this 17th day of June 1845 }
before me S. Reynolds(sig) Surrogate. } S. Sackett(sig)

Docket entry 12 April 1845

Surrogate's Court 117
In the matter of proving
the last Will & Testament
of Daniel Sackett decd
Pet & aff
of
Daniel Sackett, Deceased
Cotn until of June 1845 at
10am
(?) until 17th day of
June 1845 at 10 oclock
AM

Chas H Kellogg} appraisers
Henry A Benton}

Filed 12 April 1845

Cross Examinations of J. L. Lane, J. T. Lamport and Matthew Lane

J. L. Lane

At a Surrogate Court held for

the County of Rensselaer at the

City of Troy in said County

on the 17th day of June 1845

Present Stephen Reynolds jr Surrogate

In the matter of proving the
last will and testament of Daniel
Sackett, deceased
J L. Lane cross examined by J. Romeyn atty
for Charles H. Wheeler & 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 and wife I have seen Mr.
Sackett write frequently I think the will and
Codisil he wrote him self. they were executed
in my office Mr. Sackett came to my office
with the will the will was not executed
when he brought it to my office I saw him
execute the will I never saw or herd anything
but what he was sane, when he executed the
codicil he was infirm I think his mental
capacity was not impared; at the time at the
he executed the codicil I think ^he was^ about 56 years
of age (sig)
[In margin:
Sworn before
me this 17th day of June
1845
S. Reynolds jr
Surrogate]

J. T. Lamport

J T Lamport cross examined says he saw
Mr Sackett Sackitt 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 now dobt
of his capacity to execute a will (sig)
[Margin:
Sworn this 17
day of June 1845 before me
S. Reynolds jr
surrogate

Matthew Lane

Matthew Lane cross examined says at the time
he executed the codicil was in ap[illegible] state
of health at the time he executed the codicil
I saw nothing but what he was capable of
closing any act (sig)
Sworn before me this
17th day of June 1845
S. Reynolds jr surrogate

Map of 7th Street

Larger map

Petition of Smith Lawrence and Thomas Lawrence, creditors

To the Surrogate of the County of Rensselaer

The Petition of Smith Lawrence and Thomas Lawrence,

represents that they are credit-
ors of Daniel Sackett late of the city of Troy
in said County now deceased. Have a claim
against his estate to the amount of Five hun-
dred and seventy two dollars and
upwards, which is now due and un-
paid.

And your petitioners further represent

that letters testamentary as the estate of said
deceased were issued by the surrogate of the
county of Rensselaer on or about the 17th day
of June 1845 to Sarah Sackett, the widow
of said deceased_ that said widow has
taken upon herself alone, the duty of ex-
ecutrix of the last will & testament of the
deceased aforesaid_

And your petitioners further

represent, that said widow has no in
property or money or any means. except
what she is entitled to, and of &as widow
of the said deceased out of his said estate,
as it is understood from said widow her-
self_& verily believed_ And it is further
understood from said widow that it is
doubtful whether said deceased has left
property enough to pay the debts due from
said estate to the creditors of said deceased.

And it is further represented that the circumstance

ces of the said Sarah Sackett have became
so precarious as not to afford adequate
security for her due administration
of said estate_
[next page]
And your petitioners therefore pray that
said Sarah Sackett may be required
to give such security for the due admin
istration of said estate as the interest of the
creditors of saiid estate & the statute in said
case made and provided required_ or
that she be removed. Nov 8, 1845

RM Townsend(sig)

Attorney in fact for Petitioners

Rensselaer County SS: Rufus M. Townsend Attorney
in fact of the above named petitioners being duly
sworn deposes and says that the foregoing pe-
tition is true, according to the best of his know-
ledge and belief. R.M. Townsend(sig)
Sworn before me this 8th}
day of November 1845}
Gersay
Comm of deeds Troy

Docket entry:
In the matter of the
application of Smith
Lawrence & Thomas
Lawrence for security
Petition--
RMTownsend
atty
[illegible]
Daniel Sackett
Filed 8th November 1845

Letter from Kellogg to Reynolds, June 1845

Mr ___ Reynolds Troy June 24, 1845

Surrogate of the county of Rensselaer

Dear Sir,

I am so unwill I am

unable to attend to the duty of appraising the Personal
Property belonging to the Estate of Daniel Sackett, deceased
according to the appointment you gave me a few days
since__ Therefore will you please excuse me, and
appoint some other person to act as appraiser in my
place__and greatly oblige Yours &c &c

Chas. H. Killogg(sig)

Inventory, filed 6 August 1845

page 9

Surrogate's Court,}ss. Sarah Sackett Executrix for
State of New York, Rensselaer County,}
of Daniel Sackett --------- deceased, being duly sworn does depose and say
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 Daniel
Sackett--------deceased, which has come to
the knowledge of this deponent, and particularly of all money, bank
bills and other circulating medium belonging to the said Daniel
Sackett--------deceased, and of all just
claims of the said deceased against this deponent---, and further this
deponent says not.

Subscribed and sworn this 6th }
day of August 1845 } S. Sackett
before me S. Reynolds Jr }
Surrogate

page 10

Inventory
State of New York,}ss.
Rensselaer County,} We, whose names are hereunder signed, Appraisers ap-
pointed by the Surrogate of the county of Rensselaer, having first taken and sub-
scribed the Oath hereinafter inserted, do Certify, that we have estimated and ap-
praised the Property in the annexed Inventory contained, exhibited to us, according
to the best of our knowledge and ability, and that we have signed duplicate Inven-
tories thereof.
Dated this twenty third }
day of July----1845} M. Lane } Appraisers
H.A. Benton }

State of New York,}ss.
Rensselaer County,} I, Matthew Lane,
do solemnly swear and declare that I will truly, honestly and impartially appraise
the personal Property of Daniel Sackett ---- deceased,
which shall be exhibited to me, according to the best of my knowledge and ability.
Subscribed and Sworn, this 25th } M. Lane /s/
day of June 1845, before me }
S. Reynolds Jr Surrogate

State of New York,}ss.
Rensselaer County,} I, Henry A. Benton,
do solemnly swear and declare that I will truly, honestly and impartially appraise
the personal Property of Daniel Sackett ---- deceased,
which shall be exhibited to me, according to the best of my knowledge and ability.
Subscribed and Sworn, this 25th } H.A. Benton /s/
day of June 1845, before me }
S. Reynolds Jr Surrogate

A true and perfect Inventory of all and singular Goods, Chattels, and Credits of Daniel
Sackett----deceased, made by Sarah Sackett----
Executrix &c
of the said deceased, with the aid of Matthew Lane + Henry A.
Benton------ Appraisers, appointed by the Surrogate of the county
of Rensselaer, duly qualified, and after service of Notice as the law directs, on the 25th
day of June in the year of our Lord one thousand eight hundred and forty five
To wit:

page 11

Front Parlor
1 sofa with pillows........20.00
1 Breakfast Table.......5.00
1 Center Table...7.00
1 fr. Ottomans (2).... 4.00
1 P. Ornaments..... 1.00
1 Astral Lamp.....3.00
1 fr. Gerandole.....4.00
1 Sett Tea Trays (4)....... 3.00
1 Mantel clock......9.00
1 fr. Brass Shovel & Tongs ofendie -- }
2 Spittoons & Bellows. Poker opan of } 4.00
1 Hearth Rug.........1.50
3 Blue Table Cover.......3.00
52 yds Ingrain Carpetting....15.00
4 Ottomons & 2 feet & benches ([illegible]) 3.00
1 Secretary Book Case.....15.00
1 sofa & pillows.....8.00
1 portable writing desk......1.00
7 maple chairs.....3.00
1 mantel glass.......5.00
46 yds carpet........7.00
2 fr plated candlesticks muffer & lay...2.00
1 fr b. lamps..........0.50
1 brass finare......3.00
1 Dining Table......4.00
1 [illegible].......
Hut Maps & Warte Stance.....8.00
1 C. setter + 2 stools.....2.00
11 yds stair carpet + Rods.....1.50
1 small table + mantel glass....3.50
1 old pine desk.....1.00
13 yds carpeting.....2--
23 yds carpeting....5.00
1 old fra table....2.--
1 night stand......1.00
12 cim. charis......3.00
1 Looking Glass.......$165.25..00.75
1 [illegible]......
1 drafting table.....5.00
1 work stand & [illegible].....5.00

page 12

1 bureau............5.00
1 draping table....5.50
1 work stand & toilet tub.......3.--
1 fr brass A. King Shovels & Tongs....3.00
1 Candle Stand......1.00
1 Hearth Rug -28 yds----------- ".75
44 yds Carpeting...........8.00
8 fancy chairs.......2--
Work Stand [illegible] Table + 4 chairs...5.50
3 Com. Stands + Glass...1.25
20 yds. floor matting.........2.00
2 Sets Silver Tea Spoons....5.00
1 Sugar Tongs. Cream Mustard Salt/perp 4.00
Spicice-------50.00
7 Bills..........187.00 237.00

Money on a/a of Ruling debt 100.00
deduct
1/3 of the above due J. C. Heark 33.33.
1/3 of the above due G. Riley 33.33. 66.66 33.34

Money dept. @ to the Credit of D. Sackett
in M+M Bank on same a/c of 267.98
deduct
1/3 due J.C. Heath 89.33
1/3 due G. Riley 89.33 178.66 89.32

1 note signed by Joseph Connell dtdd May
27,1843 on the same acct ------- 40.00
deduct
1/3 due J.C. Hearte.....13.33
1/3 due G. Riley... 13.33 26.66 13.34

1 note signed E.D. Bassett apr 1843,
payle 1 June 1843, with []ed:----$130.00
[illegible] June 2, 1845.------114.00 24.00

due from L.G. Carron for 3 Mo Rent of Store
No. 231----------------------$200
deduct amt. allowed for [illegible]....60-- 140.00
20 shs. Troy Greenback association @ $37 1/2..750.00
5 shs Troy & New York St. Boat association..@$40 $200.00
$1690.25

page 13

Amot. but. bon---------$1690.25
5 shares Troy House Stock....400.00
$2090.25
10 yd. Matting...1.00
Doubtful. $2091.25
Acct. due Sackett Lane against A.G. Crosby
of Columbus Ohio... [illegible] due.. is....675.00
1/2 the above acct is 337.50
$337.50

Bad debts. D. Sackett
1 three Dollar bill (bad)....3.00
1 note by Nells Farms note...10.50
1 " by D. Lord note....20.00
1 " by H. Hogle "....67.42
1 " by N. Thomas "....55.35
4 " by A.H. Sackett "....100.00
1 " by O. Sackett ".....15.00
1 " by W. Anderson "....26.00
297.27
1" Rogers & Harvey ".....124.40
Bad debts Sackett & Read $421.67
Cash (Bad).....6.00
1 Note by B. Munary....79.97
Acct agt Carter & Barker 380.75 233.36
Bad debts Sackett & Bryon 466.72
Cash...(Bad)....3.00
one half...1.50 1.50
1 note $656.53

Good debts + furniture...2091.25
doubtful debts....337.50
Bad debts....656.53
$3085.28

page 14

1 Breakfast Table...
1 sett chairs
2 Miniatures
1 portrait
2 dagurtripe minatures
7 pictures
1 fancy stand
2 pictures
1 glass ship
12 old maps
4 father beds
1 matress
4 bed steds & 1 cot
10 fr sheets
10 fr pillow cases
2 cotton covers
4 coverlids
6 bed quilts
1 blanket
6 table cloths
12 napkins
1 cloak
1 overcoat
1 frock coat
3 pr. pantaloons
3 vests
12 shirts
2 c. [illegible] shirts
1 flannel garon
4 fr. [illegible]
1 watch
Crockery + Glass ware for Rooms
+ Kitchen Knives + forks 3 stoves
Post + other Kitchen furniture
G. Silver Spoons----

M. Lane
H.A. Benton

and Daniel Sackett
Inventory
filed August 6th
1845

Notice of Appraisal, June 1845

To the Legatees and next of kin of Daniel Sackett deceased.
RENSSELAER COUNTY, ss.--Take Notice, that the subscriber with the
Appraisers duly appointed, will attend at the late dwelling-house of said deceased,
in the City of Troy in the said county, on the 25th
day of June at ten o'clock in the forenoon of that day, to
estimate and appraise the Personal Property of the said deceased, and with the aid
of the said appraisers, take an Inventory thereof.
Dated, June 17th 1845. S. Sackett
Executrix

Affidavits of Service on C. Wheeler and E. Sackett

County of Rensselaer}SS. Ebenezer D. Bassett of the
Town of Nassau in said County being sworn
says that on the 19 day of June [viz?] he served
no Charles Wheeler of by delivering the same to
Stephentown county aforesaid a true copy
coppy (sic) of the within citation by delivering
the same to him personally. Also this
deponent further says that on the same day
he made like servises of like citation on Esra
Sackett of the Town and county aforesaid and
further says not.

Subscribed and sworn}

before me this 21 Day of} E.D. Bassett
June 1845}
Henry Winby Justice of Peace

Notice of Appraisal in City of New York

To the Legatees and next of kin of Daniel Sackett deceased.
RENSSELAER COUNTY, ss.--Take Notice, that the subscriber with the
Appraisers duly appointed, will attend at the late dwelling-house of said deceased,
in the City of New York in the said county, on the 25th
day of June [illegible] at ten o'clock in the forenoon of that day, to
estimate and appraise the Personal Property of the said deceased, and with the aid
of the said appraisers, take an Inventory thereof.
Dated, June 17th 1845. S. Sackett

Affidavit of three notices

Before the Surrogate of Rensselaer County
In the Matter of the Estate }
of}
Daniel Sackett Decd} City & County of New York SS. Calvin P. Bassett of the City of New York being sworn says that on the seventeenth
day of June viz he posted, three certain notices, of which the within
is a copy in three conspicuous & suitable places in the City of Troy
& County of Rensselaer, that is to say one of said notices on the
other front door of the Court House of said County; one of said_
notices at the Hotel called the Troy house in said City of Troy &
the other said notice at the Hotel called the Mansion House
in said City of Troy.
Sworn before me the 25th day } C.P.Bassett(sig)
of June 1845}
Edmd Edmendorf Jr(sig)}
Commr. of Deeds.}

Renunciation of executor duties by Kellogg

I, Charles H. Kellogg, one of the Executors
named in the last Will + Testament of Daniel
Sackett late of the City of Troy in said County
deceased do hereby renounce all my rights &
claim to act as such Executor.--
Dated this 17th June 1845
Witnesses
C.P. Bassett Chas. H. Kellogg
Geo Day

Affidavit of Jacob L. Lane

Proofs of Will and Codicil Recorded

Affidavit of Service on E. Pattison

Affidavit of Service on N. Sackett

Affidavits of Service by E. Bassett

Affidavit of Albany Argus with text of Notice

Philo K. Cole, of the city of Albany, being duly
sworn, says that he is foreman in the office of the
Albany Argus, the paper published by the Printer to
the State, and that the notice, of which the annexed
is a printed copy, has been regularly published in said
Albany Argus, once in each week, for six---
weeks successively, commencing on the sixteenth
day of April---- 1845.
Philo K. Cole /s/
Commissioner of Deeds. Fees. $5.25

Probate Record of the Will & Codicil of Daniel Sackett

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.

[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^[1]

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)

1. ↑ 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? The Miles Lewis Kellogg page on SacketFamily.info (which is dedicated to collecting Sackett descendants and correcting Weygant's errors) currently lists Betsey Sackett as the wife of Miles, but mentions that the Kelloggs of the Old World and New recorded that Lavinia was the daughter of Uri Hill and Elisa Sackett. Perhaps Elisa was also known as Betsey (since the Petition doesn't mention any kids of 'Betsey'), and because both Betsey and Elisa are nicknames for Elizabeth? Regardless, she died before 1845, and had at least a son William and daughter Lavinia. Possibly a daughter Pamela as well?