Person:Mary Johnson (207)

EAM Ref: pp 54, 57-59. Erie County Court, NY Elizabeth D. Shepard Plaintiff against Mary C. Austin in her own right as surviving administrix of all and singular the goods, chattels, and credits of Truman Austin, deceased; George Anson Austin and Martha, his wife; Norman Austin and Mary, his wife; Azel Austin and Laura, his wife; Marshall Austin; Truman Austin; Cephas H. Fenton and Juliette Fenton, his wife; Joel Smith and Mary Cornelia, his wife; Porter M. Austin; Emory J. Austin; Ellis Austin; Hiram Austin; Sarah Aurora Austin, Defendants, Ddated Buffalo, NY, Jan 16, 1862 L.K. Haddock, Plaintiffs Atty. The above named Plaintiff by Lorenzo K. Haddock' her Attorney, complains of the above named defendants, and says, that heretofore and on or before the eleventhh day of May, AD 1852, Truman Austin, since deceased and Mary C., his wife, executors under their hands and seals and deliveredd to Christian Metz, Jr., Trreasurer of Erie Co., NY, and his successors in office in trust for Hiram Austin, George Austin, and Sarah A. Austin, a bond bearing date on that day in the penal sum of two thousand six hundred dollars, with the condition thereunder written, that if the above bounded Truman Austin and Mary C., his wife, shall well and truly pay, or cause to be paid to the said Christian Metz, Jr., as Treasurer and to his successors in office, the just sum of one thousand two hundred and eighty-six dollars at the end of ten years from the date thereof, and interest on the same annually at the rate of seven per cent per annum, then the said obligation ... or parcel of land situated and being in the town of Hamburg, County of Erie, and State of New York., and which is also distinguished as being part of the lots number 42 & 49 in Township No. 9 and in the seventh range of the Holland Land Co. survey, and bounded as follows: (which we omit). Recorded May 11, 1852, at 3-1/2 o'clock in PM, in Liber 87 of Mortgages, at page 111. And the said plaintiff in fact further says, that on or about the eleventh day of April, A.D. 1861, the said Truuman Austin, then a citizen andd resident of the village of Lima, Livingston Co., NY, died intestate, being at the time of his death, the owner in fee of the said mortgaged premises, and that he left Mary C., his wife of Lima, NY, a son George Anson Austin, and Martha his wife, of St. Catherines, C.W.; a son Marshall Austin of Whites Corners, Erie Co., NY; a son Norman Austin and Mary, his wife, whose place of residence is unknown; a son Truman Austin, residing in Sacramento, CA., a son Azel Austin, and Laura,, his wife, of Eden Valley, NY; a daughter Juliette Fenton, and Cephas H. Fenton, her husband, of Cincinnati, O.; a daughter Mary Cornelia Smith, and Joel Smith, her husband, of Whites Corners, NY; a son Porter M. Austin, aged 19 yrs. residing at Lima, NY; Ellis Austin aged 10 yrs. residing at Whites Corners, NY; only child and heir at law of Isham Austin, who was a son of the deceased Truman Austin; and Hiram Austin, aged 17 yrs. and Sarah Aurora Austin aged 13 yrs. each of whose places of residence is unknown, children and sole heirs of John Austin, deceased, who was a son of Truman Austin, deceased, next of kin and sole heir at law, him surviving. the original of this document was in the possession of Frank Austin, Glade, KS. !RESIDENCE: Cattaraugus Co. Census 1850 NY Roll 480 p 345. !RESEARCHER: #ACP/0145 L. Scot Austin 6/93