Transcript:Rensselaer County NY Surrogate's Court Records 1786-1917/Daniel Sackett 117

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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 wiki.

Any notes I made are indicated by single square brackets, such as [illegible]. Where in the text words were added above the line, I have indicated those words within carets: ^this was forgotten^. I have indicated signature marks as (sig) or /S/.

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Petition of Executor praying that citations be issued to heirs

SURROGATE'S COURT.
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/s/
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/s/ Surrogate. } S. Sackett/s/

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

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/S/

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 I 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
Chas H Kellogg
Witnesses
C.P. Bassett
Geo. [Dant]

Affidavit of Jacob L. Lane

Proofs of Will and Codicil Recorded

Affidavit of Service on E. Pattison

Before the Surrogate of the
County of Rensselaer
In the matter of proving the }
last will & testament }
of }
Daniel Sackett, Decd } County of Cortland ss_________
Moses B. 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 written citation.
and at the same time showing her the within original with the
seal witnessed thereon. and further that such service was made
on the and did Mrs. Pattison personally.
W.B. Butterfield
Sworn before me the 28 }
day of April 1845 }
Edward H. Reed }
sup. Court commissioner }
residing in Cortland County }

Affidavit of Service on N. Sackett

Affidavits of Service by E. Bassett

Affidavit of Albany Argus with text of Notice

Page Images

Petition of Executor praying that citations be issued to heirs

Executor's Petition 1845