WILL: Daniel Burr; Butternuts, Otsego co., NY surname: Burr, Davison, Sweet, Horton submitted by Ken Smith (ksmith22 at mn.rr.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 20, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.9 Kb ************************************************ Source: sampubco.com Otsego County Will Book 4, Page 136 Written: July 22, 1836 Recorded: November 8, 1839 WILL OF DANIEL BURR OF BUTTERNUTS, OTSEGO COUNTY, NEW YORK At a Surrogate Court held at the Surrogate's office in the Village of Cooperstown in & for the County of Otsego on the 16th day of October, 1839 before George A Starkweather, Surrogate Daniel Burr, Executor named in the Last Will & Testament of Daniel Burr, late of the Town of Butternuts in the County of Otsego, deceased, appeared before the said Surrogate and presented the said will of the said Daniel Burr, deceased, for probate and made proof that the said Daniel Burr died on or about the 29th day of April, 1839 and that he was at the time an inhabitant of the said County of Otsego--- that the said Daniel Burr, deceased, left a widow Urania Burr who resides in the Town of Butternuts and the following heirs at law, to wit, Mary G. Davison, the wife of John R. Davison, Rachel Sweet, the wife of Lorenzo Sweet who resides in the County of Wayne in the State of Pennsylvania, Urania Horton, wife of Henry A. Horton near Camden in the State of New Jersey, Maria Burr, Amos A. Burr & Elizabeth Burr who reside in the County of Otsego, all of which are over the age of twenty-one years except Amos A. Burr & Elizabeth Burr, who are infants, and that the said will relates both to real and personal estate and whereupon it was ordered by the said Surrogate that Alonzo Hawley of the Town of Butternuts in the County of Otsego be appointed special guardian for said infants and it was ordered that a citation issue to the widow Urania and next of kin of the said deceased to appear before the said Surrogate at his office in the Village of Cooperstown on the 8th day of November next to oppose or support as they may see fit, the probate of said Last Will & Testament of the said Daniel Burr, deceased, which appointment of guardian is as following, to wit, The People of the State of New York to Alonzo Hawley of the Town of Butternuts in the County of Otsego, Greetings, much as Daniel Burr, Executor named in the Last Will & Testament of Daniel Burr, late of the County of Otsego, deceased, as is alleged, intends to make application to George A Starkweather, Surrogate of your County of Otsego to have the said will proven before the said Surrogate and recorded pursuant to the Statutes of the State of New York, and as much as it has been made to appear that Amos A. Burr and Elizabeth Burr, heirs of the said Daniel Burr, deceased, are minors, therefore the Surrogate aforesaid, pursuant to the power in me created by the said Statutes, in issuance of the order of my Court therefore made and entered do hereby appoint you, the said Alonzo Hawley of the Town of Butternuts in the County aforesaid, guardian for the said minors to take care of their interest in the [ ] [ ]. Under the hand and seal of the office of the said Surrogate at Cooperstown in the said county the 16th day of October 1839. The Surrogate Court held at the Surrogate's office in the Village of Cooperstown in and for the County of Otsego on the 8th day of November in the Year of Our Lord One Thousand, Eight Hundred and Thirty- nine before George A Starkweather, Surrogate. In the matter of proving the Last Will & Testament of Daniel Burr, deceased, the said Daniel Burr, Executor named in the said will appeared before the said Surrogate and brought into Court the citation issued in this matter and made proof of the due service of the same and thereupon the Surrogate was satisfied that the citation issued in this matter had been duly served according to the statutes in such case, made and provided. It was therefore ordered that the said Daniel Burr, Executor, have license to proceed to prove said will of said deceased and whereupon the following testimony was taken. In the matter of proving the Last Will & / Testament of Daniel Burr, deceased, / ss Otsego County Be it remembered that on this Eighth day of November in the Year of Our Lord One Thousand, Eight Hundred and Thirty-nine, before George A Starkweather, Surrogate of the County of Otsego personally appeared Silas Hawley, who by the said Surrogate was duly sworn and examined in the issue and said that this deponent was acquainted with Daniel Burr, deceased, that he was present as a witness and did see the said Daniel Burr, deceased, subscribe at the end of the instrument now produced and shown to this deponent purporting to be the Last Will & Testament of said Daniel Burr, deceased, being dated the Second day of July in the Year of Our Lord One Thousand, Eight Hundred and Thirty-six, that such subscription was made by the said testator in the presence of this deponent. That the said testator at the same time dictated the instrument so subscribed by him, to be his Last Will & Testament. Whereupon this deponent subscribed his name at the end thereof at the request of the said testator, that the said testator, at the time of executing and publishing the said Last Will & Testament was of full age and sound mind and memory and not under any restraint. Silas Hawley Sworn and subscribed before me this 8th day of November, 1839. George A Starkweather, Surrogate In the matter of proving the Last Will & / Testament of Daniel Burr, deceased, / ss Otsego County Be it remembered that on this Eighth day of November in the Year of Our Lord One Thousand, Eight Hundred and Thirty-nine, before George A Starkweather, Surrogate of the County of Otsego personally appeared Alonzo Hawley, who also by said Surrogate was duly sworn and examined, doth depose and say that this deponent was well acquainted with Daniel Burr, deceased, who sworn by the said Surrogate duly said that he was present as a witness and did see the said Daniel Burr, deceased, subscribe at the end thereof the instrument now produced and shown to this deponent purporting to be the Last Will & Testament of said Daniel Burr, deceased, bearing the date the Second day of July in the Year of Our Lord One Thousand, Eight Hundred and Thirty-six, that such subscription was made by the said testator in the presence of this deponent. That the said testator at the same time declared the instrument so subscribed by him, to be his Last Will & Testament. Moreover this deponent subscribed his name at the end thereof at the request of the said testator, that the said testator, at the time of executing and publishing the said Last Will & Testament was of full age and sound mind and memory and not under any restraint. Alonzo Hawley Sworn and subscribed before me this 8th day of November, 1839. George A Starkweather, Surrogate In the matter of proving the Last Will & / Testament of Daniel Burr, deceased, / ss Otsego County Daniel Burr, being sworn saith that after the said will was executed by the said Daniel Burr, deceased, the same was handed to Nathan Taylor, who received the same, and that the said Nathaniel Taylor is now dead and this deponent saith that he received the said will from Nathaniel Taylor, the son of the said Nathaniel Taylor, deceased, in the month of May last and has had the same in his possession until he presented said will to the Surrogate for probate. Daniel Burr Sworn & subscribed before me this 8th day of November, 1839. George A Starkweather, Surrogate Whereupon I, the Surrogate aforesaid, being satisfied of the genuineness & probity of the said will, do therefore order that the same be admitted to proof and for the Last Will & Testament of the real & personal estate of the said Daniel Burr, deceased, and that letters testamentary will duly be granted to Daniel Burr, Executor, named in said will on his taking and subscribing the oath of office prescribed by law. In testimony whereof we have caused the seal of our said Surrogate to be hereto affixed. Witness George A Starkweather, Surrogate of our said County of Otsego at Cooperstown in said county, the day and year just above. Witness George A Starkweather, Surrogate In the Name of God, Amen I Daniel Burr of Butternuts, County of Otsego and State of New York, being weak and feeble in body but sound in mind and memory do make and publish this my Last Will & Testament in manner following (that is to say) ---- First I give and bequeath to my beloved wife Urania one third of all my real estate, being the portion the law allows to her, so long as she remains my widow and whenever she ceases to be my widow, the said one third above mentioned is to return and remain the property of my son Daniel, and I further give to my wife Urania all my household furniture for her to dispose of as she shall think proper and fit so to do. Item --- I give and bequeath to my daughter Maria Burr Fifty Dollars in addition to what I have previously given to her. Item --- I give and bequeath to daughter Mary G. Davison Ten Dollars in addition to what I have given her heretofore. Item --- I give and bequeath to my daughter Rachel Sweet Ten Dollars in addition to what I have given her heretofore. Item --- I give and bequeath to my son Daniel all my property both real and personal, after my debts are duly discharged by his paying out to his brother and sisters such legacies and so much & at such times as are herein stated. Item --- I give and bequeath to my daughter Urania Burr, One Hundred Dollars, payable in four years after my decease. Item --- I give and bequeath to son Amos One Hundred Dollars and such a trade as he shall choose to be paid him in four years after my decease or when he shall arrive at age of twenty-one years. Item --- I give and bequeath to my daughter Betsy Burr One Hundred Dollars when she shall arrive at the age of twenty-one years or when she shall marry and it is further understood that all my daughters that is not married are to have a home at my house until such times as they shall marry, by enjoying the East Room and the bedroom adjoining the same and all the chambers over the south part of the house and all the [ ] under the south part of said house. Item --- I do hereby authorize and appoint my son Daniel Burr my Executor to see this my Last Will & Testament executed and to carry any particular [ ] into effect and I do further make and devise this and not others to be my Last Will & Testament and revoke all former and other wills which I have or might have made hereafter. In witness whereof I have set my hand and seal this twenty-second day of July in the Year of Our Lord One Thousand, Eight Hundred and Thirty-six. In presence of Silas Hawley Alonzo Hawley Daniel Burr State of New York, / Otsego County / ss I certify that this witnessed written instrument was duly admitted to proof on the Eighth day of November in the Year of Our Lord One Thousand, Eight Hundred and Thirty- nine as & for the Last Will & Testament of the real and personal estate of Daniel Burr, deceased, in testimony whereof I have now unto set my hand and affixed my seal of office the day and year just above written. George A Starkweather, Surrogate State of New York, / Otsego County / ss I certify the foregoing to be a true record of proceedings now before me in the matter of proving Last Will & Testament of real & personal estate of Daniel Burr, deceased, George A Starkweather, Surrogate