WILL: Sewell Scott; Rutland, Jefferson co., NY Surnames: Scott, Middleton, Harlow, Hickey, Trowbridge Submitted by Lois B. Morrill (loisbrlmrl @ erols.com) *********************************************************************** USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.rootsweb.com/~usgenweb/ny/nyfiles.htm *********************************************************************** Transcribed by Lois B. Morrill Jefferson Co. Courthouse, Watertown, NY Will Book Vol. 21, pages 597-600 THE LAST WILL AND TESTAMENT OF SEWELL SCOTT deceased BE IT REMEMBERED, That heretofore, to wit: on the 21st day of March in the year of our Lord one thousand eight hundred and eighty three Andrew C. Middleton of Rutland Jefferson County New York Executor named in the last Will and Testament of Sewell Scott late of the Town of Rutland in the County of Jefferson, deceased, appeared in open Court before the Surrogate of the County of Jefferson and made application to have the said last Will and Testament which relates to Personal Estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the next of kin of the said testator, and their respective residences, and they are as follows, viz: Christopher E. Scott and Lucy Harlow of Whitehall Wisconsin R Byron Scott of Rutland aforesaid - Eugene E. Scott of Rutland aforesaid and Clark G. Scott of Brownville Jeff Cty Children of said testator all 21 -- and Lorenzo D. Hickey Jr of Lansing Michigan and Jesse Hickey of Coldwater Michigan children of Adaline Hickey a deceased daughter of said testator both of full age and said Surrogate did thereupon issue a citation in due form of law, directed to the said next of kin of said testator by their respective names, stating their respective places of residence and requiring them to appear before said Surrogate at his office in the City of Watertown, in said County, on the 5th day of May A.D., 1883, to attend the Probate of said Will And afterwards, to wit: on the 5th day of May A.D., 1883 satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said citation in the mode prescribed by law, and on that day, no one appearing to oppose the Probate of said Will hereinafter set forth, upon this 5th day of May A.D., 1883, and he thereupon adjudged the said will to be a valid Will of personal estate, and the proofs thereof to be sufficient, which said last Will and Testament and proofs, are hereafter recorded in this book. Ross C. Scott Surrogate. SEWELL SCOTT ESTATE WILL In the name of God Amen, I, Sewell Scott of the town of Rutland, County of Jefferson N.Y. at the age of 77 years being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain, publish and declare this to be my last Will and Testament, that is to say First - After all my lawful debts are paid and discharged, I give and bequeath to my son Christopher Scott the sum of Four Hundred Dollars Second - I give and bequeath to my daughter Lucy Harlow wife of Oscar Harlow the sum of Four Hundred Dollars Third - I give and bequeath to the children of my deceased daughter Adaline Hickey if any be living at my decease the sum of $100 to be divided among them, and in case none of said children be living at my decease then said $100 shall be divided among my own children then living. Fourth - The rest & residue of my estate I give and bequeath to my three sons R. Byron Scott, Eugene E. Scott and Clark G. Scott share & share alike, I having already advanced to each of the said last named three sons the sum of $800 each, likewise I make constitute and appoint Andrew C. Middleton of Black River Jefferson County to be the sole Executor of this my last Will and Testament hereby revoking all former wills by me made. In Witness Whereof I have hereunto subscribed my name and affixed my seal the 16th day of January in the year of our Lord one thousand eight hundred and Eighty two. Sewell Scott (LS) The above mentioned instrument was subscribed by the said Sewell Scott in our presence and acknowledged by him to each of us, and he at the same time declared the above instrument so subscribed to be his last Will and Testament and we at his request have signed our names as witnesses hereto in his presence and in the presence of each other and written opposite our names our respective places of residence S.S Trowbridge Watertown Jeff Co New York Daniel H Scott Black River Jeff Co New York SEWELL SCOTT ESTATE PROOFS State of New York Jefferson County SURROGATES COURT, Before Ross C Scott Surrogate - In the matter of proving the will of the personal estate of Sewell Scott deceased, County of Jefferson SS S.S. Trowbridge of the City of Watertown in said County being first duly sworn deposeth and saith that on the 16th day of January 1882 at Rutland in said County he saw Sewell Scott deceased subscribe the instrument now shown to this deponent and which purports to be the last will and testament of Sewell Scott late of the town of Rutland in said County deceased bearing date the 16th day of January in the year of our Lord one thousand eight hundred and eighty two. That on the day of the date aforesaid and at the time of signing the same, he heard the said Sewell Scott declare the same to be his last will and testament, and that he this deponent, and Daniel H. Scott the other subscribing witness did then subscribe their names thereto as witnesses at the request and in the presence of the said Sewell Scott and of each other; that at the time thereof the said Sewell Scott was of sound and disposing mind memory and understanding, of full age and not under any restraint and competent to make a will. Sworn this 5th day of May 1883 --- S.S. Trowbridge Ross C. Scott Surrogate STATE OF NEW YORK, SURROGATE'S COURT, Jefferson County. Before Ross C. Scott, Surrogate. In the matter of proving the will of the personal estate of Sewell Scott, deceased. COUNTY OF JEFFERSON, SS. Daniel H. Scott of the town of Rutland in said County, being first duly sworn, deposeth and saith, that on the 16th day of January 1852, at Rutland aforesaid, he saw Sewell Scott, deceased, subscribe the instrument now shown to this deponent, and which purports to be the last Will and Testament of Sewell Scott late of the town of Rutland in said County, deceased, bearing date the 16th day of January in the year of our Lord one thousand eight hundred and Eighty two. That on the day of the date aforesaid, and at the time of signing the same, he heard the said Sewell Scott declare the same to be his last Will and Testament, and that he, this deponent, and S.S. Trowbridge, the other subscribing witness, did then subscribe their names thereto as witnesses, at the request and in the presence of the said Sewell Scott and of each other; that at the time thereof, the said Sewell Scott was of sound and disposing mind, memory and understanding, of full age, and not under any restraint, and competent to make a Will. Sworn this 5th day of May 1883 Daniel H. Scott Ross C. Scott Surrogate JEFFERSON COUNTY, SS. It appearing upon the proofs duly taken in respect to the last Will and Testament of Sewell Scott late of the town of Rutland in the said County of Jefferson and State of New York, deceased, that the said Will was duly executed, and that the said Sewell Scott at the time he executed the same, was in all respects competent to devise real estate, and not under restraint, the said last Will and Testament and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the Provisions of the Revised Statutes, this 5th day of May A.D. 1883. Ross C. Scott Surrogate. Note: Black River N Cemetery: Scott, Sewell died 12 Feb 1883 79Y; Scott, Byron 1844-1924 CO D 10th N.Y.C.W.; Scott, Eugene E. 1853-1918 C.W.; Scott, Daniel H. 23 Sep 1828-30 Mar 1905 CO A 35th N.Y.C.W.; [Source: Bartlett's Cemetery Transcriptions, Rootsweb Jefferson Co NY]