Monday, January 11, 2016

Amanuensis Monday Will of Daniel Warner

Amanuensis, as I’m referring to here, is the act of transcribing an historic document.  In this case it is the Will and probate record of Daniel Warner.
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Daniel Warner was my paternal great-great grandfather.  He was born 9 June 1818 in Baiting Hollow, Suffolk County, New York and died on 15 June 1895 in Baiting Hollow.  His parents were Daniel Warner, Sr. and Jemima Benjamin Warner both from Baiting Hollow as well.
Daniel married Eleanor Howell Warner, also of Baiting Hollow on 19 October 1841.  They had 13 children with all but two living to adulthood.  My great-grandfather John (husband of Carrie of Carrie’s Letters) was the 11th child of that union.
I always try to get copies of an ancestor’s will because I never know what tidbits of information I may find that I didn’t already have.  It also gives me a glimpse in to what my ancestor felt was important enough to take the time to record so that his/her wishes would be know. 
TIP: I remember someone saying early on in my genealogy work to ALWAYS transcribe whatever document you find because in transcribing you find things that you read over but don’t really ‘see’. 
This has often been the case for me.  Join me in my journey to try and understand the will of Daniel Warner.  First, here is the transcription.  I was fortunate that the clerk who recorded the probate record had good handwriting which made the first step a lot easier.
                                             Will for Daniel Warner (9 Jun1818-15 Jun1895)
                            Suffolk County, NY Probate Records Libre 31 pages 304-320
As a Surrogate's Court held in and for the County of Suffolk at the Surrogate's Office in Riverhead on the 7th day of October 1895. Present : Hon.Nathan Petty Surrogate In the matter of proving the Will of Daniel Warner dec'd. This matter having been adjourned to this time and place and the citation heretofore issued herein having been returned with proof of due service thereof on all the persons therein named and it appearing by the proofs taken that the said will and the codicil a thereto was duly executed that the testator at the time of executing the same was in all respects competent to make a will and not under restraint and the probate thereof not being contested. It is Ordered adjudged and decreed that the said will and codicils thereof be admitted to probate as a will valid to pass both real and personal property and that the same together with the proofs and examinations taken thereon be recorded in this office and that letters testamentary issue to the executors named in said will upon their filing the oath of office prescribed by law. Nathan D. Petty, Surrogate

                                                                         Will.
In the name of God, Amen. I Daniel Warner being of sound mind and memory do 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 and devise to my wife Eleanor the use of income of all my personal property except stock on the farm & out door moveables as long as she shall remain my widow, and during the same time she is to have a home in the house I now live in, she to have a room by herself if she prefers, and I direct my son Eugene Goldsmith Warner to furnish to her all needed provisions.
Second, I give devise and bequeath to my son Allen M. Warner one hundred dollars and also six acres across the South end of my big lot which lot which is in front of my house, and also the Seaberry lot west of the John Benjamin old place.
Third, I give devise and bequeath to Mamie T. Warner wife of my son Waldo the sum of Five Hundred dollars.
Fourth, I give and bequeath to my son Charles Henry Warner four hundred dollars.
Fifth, I give and bequeath to my son John B. Warner the unpaid balance of purchase money for the farm he lives on which I conveyed to him provided that within one year after my decease he shall convey to my son Eugene Goldsmith an open right of way over his farm where I now have one through gates and bars. I also give to said John B. Warner one equal undivided half of the Jagger land lying South west of the John Benjamin old place. Also one equal undivided half of my land over the river which I own with Irad Corwin's heirs. Also one equal undivided half of my meadow at Mud Creek, and also the sum of Five hundred Dollars, and also ten acres on the North end of the tract which lies south of the said big lot, between that and the Seaberry Lot.
Sixth, I give and bequeath to my son Frank Everet Warner the lane strip that I bought of Dr. Luce lying the west side of the Riverhead road sometimes called Nathan Benjamins road containing forty acres; and also the sum of Eight hundred dollars.
Seventh, I give and bequeath to my daughters Frances Maria Corwin, Martha Rosalie Goldsmith, Eunice Elizabeth Howell, Mary Agnes Edwards, and Eleanor Blanche Parsons to Each of them the sum of Two hundred and Fifth dollars.
Eighth, I am not owing anything to any of my Children except Eugene Goldsmith and him I settle up with about the 1st of January every year.
Ninth, I wish the right of way which leads through the pical up to the sound to be an open way for John B. and Eugene Goldsmith their heirs and assigns and I hereby make it so for John B. as far as I own, and I have in the fifth clause above directed John B. to make it so for Eugene Goldsmith.
Tenth, I give devise and bequeath to my son Eugene Goldsmith Warner the sum of Five hundred dollars and also all the rest and residue of my Estate real and personal.
Eleventh, All the money legacies I have given in this my will are to be payable on the death or remarriage of my said wife out of my personal Estate without interest.
Twelfth, My funeral expenses for myself and my wife including tombstones (not to exceed fifty or sixty dollars each in value) I wish paid by the persons (Except my wife) to whom I have given money legacies in proportion to the amount of their legacies; & such shares may be deducted by the Executor from the legacies; but this is not to apply to the balance of purchase money given to John B. Thirteenth, I appoint & constitute my wife Eleanor Executrix and my son Franklin Everet Warner to be Executors of this my last will and testament hereby revoking all former wills by me made. In Witness Whereof I have hereunto subscribed my Name & affixed my seal this seventeenth day of December 1889. Daniel Warner L.S. The above written instrument was subscribed by the said Daniel Warner in our presence and at the same time he declared the above instrument to be his last Will & testament & give at his request & in his presence have signed our names hereto as witnesses in the presence of each other.
James H. Tuthill, Riverhead, N.Y.
Geo. F. Stackpole, " "

                                                                           First Codicil
Whereas I, Daniel Warner of Baiting Hollow in the town of Riverhead, Suffolk County, in the State of New York have made my last Will and testament in writing bearing the date the 17th day of December 1889 in and by which I have given and bequeathed to my son Frank Everet Warner the lane strip that I bought of Dr. Luce lying the west side of the Riverhead Road sometimes called Nathan Benjamin's road containing forty acres and also the sum of Eight hundred dollars, Now therefore I do by this writing which I hereby declare to be a codicil to my said last will and testament & to be taken as a part thereof, order and declare that my will is that the said Frank Everet Warner shall only have the use and income of the said land and money for and during the term of his natural life, and on his decease the said land and money shall go to his children share alike; but if the said Frank Everet Warner shall at his decease leave no child or children, nor the descendant of any child, then the said sum of Eight hundred dollars shall be divided equally among all my other children and twenty acres off the North end of the said land shall go to my son Eugene G. Warner and the residue of said land shall go to my son John B. Warner and lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament as aforesaid to all intents & purposes. In Witness Whereof, I have hereunto set my hand & seal this 31st day of August in the year of our Lord one thousand eight hundred and ninety two. Daniel Warner. L. S. The above instrument was at the date thereof signed, sealed & published & declared by the said Daniel Warner as & for a codicil to his last will & testament in presence of us who at his request & in his presence & in the presence of each other, have subscribed our names as witnesses thereto.
James H. Tuthill, Riverhead, N.Y.
Joseph M. Belford, Riverhead, N.Y.

                                                                        2nd Codicil
 Whereas I, Daniel Warner of Baiting Hollow, in the Town of Riverhead, Suffolk County, in the State of New York have made my will in writing bearing the date December 17th 1889 and a codicil thereto bearing date August 31st 1892 wherein I directed that the $800. of which Frank E. Warner was to have the use during his life and on his death to go to his children and if he died leaving no children then the said $800. to be divided among my other children, Now I hereby declare by this a second codicil that my will is that my son Waldo take nothing under that clause but that his wife Mamie T. Warner shall take the share so given by said codicil to him so that the said sum of the $800. under the contingency therein stated be divided equally between said Mamie T. Warner wife of Waldo Warner and my other children each taking one ninth part thereof. If I shall survive my brother Goldsmith Warner and shall be entitled to receive from his Estate by devise or legacy or by statute of descent or distribution either real of personal Estate, I hereby declare that my will in relation thereto is as follows: I give out of the same the sum of Three hundred dollars to be divided equally among my four daughters, Frances Maria Corwin, Martha Rosalie Goldsmith, Eunice Elizabeth Howell and Mary Agnes Edwards, and the balance of the said Estate whether real or personal which I may have become entitled to from my said brother Goldsmith's Estate I give and devise to my five sons Eugene G. Warner, John B. Warner, Allen M. Warner, Charles Henry Warner & Frank Everet Warner and Mamie T. Warner wife of my son Waldo so that each shall have one equal sixth part thereof. In Witness Whereof, I have hereunto set my hand & seal this 3rd day of November 1892. Daniel Warner L.S. The above instrument was at the date thereof signed sealed published & declared by the said Daniel Warner as & for the second codicil to his last will & testament in presence of us who at his request & in his presence & in the presence of each other have subscribed our names as witnesses thereto.
James H. Tuthill, Riverhead, N.Y.
William L. Snell, Riverhead, N. Y. 
                                                                    3rd Codicil
Whereas I, Daniel Warner of Baiting Hollow in the town of Riverhead, Suffolk County, in the State of New York, have made my will in writing bearing date December 17, 1889 and a codicil thereto bearing date August 31st 1892, and a second codicil thereto, bearing date November 3rd 1892. Now I hereby declare by this a third codicil that my will is that the said Mamie T. Warner wife of my son Waldo take nothing by the said legacy of Five hundred dollars, nor by the second codicil but I hereby give and devise the Five hundred dollars given to Mamie T. wife of my son Waldo in the third clause of my will, upon my wife's death or remarriage, and also her interest in the contingent interest in the eight hundred dollars given to Franklin E. Warner by the sixth clause in the will, and by my second codicil given to said Mamie T. and also what her share shall be from the Estate of my brother Goldsmith Warner, if I survive him, to my Executors in trust to pay the income of the same to my son Waldo for life and then to my grandson Melville S. the son of my son Waldo, absolutely and in fee. And lastly, it is my desire that this codicil be annexed to and made a part of said will and first and second codicils as aforesaid to all intents and purposes. In Witness Whereunto, I have hereunto set my hand and seal this sixth day of November in the year of Our Lord one thousand eight hundred and ninety three. Daniel Warner L. S. The above instrument was at the date thereof signed, sealed, published & declared by the said Daniel Warner as & for the third codicil to his last will & testament in presence of us who at his request & in his presence & in the presence of each other have subscribed our names as witnesses thereto. The words "Mamie T. wife of" erased in 21st line first page of this codicil.
Joseph M. Belford, Riverhead, N. Y.
James H. Tuthill, Riverhead, N.Y.

                                                                   4th Codicil
Whereas I, Daniel Warner of Baiting Hollow in the town of Riverhead, Suffolk County, in the State of New York, have made my will in writing bearing date December 17, 1889 and codicil thereto bearing date August 31st 1892, and a second codicil thereto bearing date November 3rd 1892 and a third codicil thereto bearing date November 6th 1893. Now I do hereby make publish and declare this a Fourth codicil to my last will and testament. First, I hereby ratify and confirm my said last will and codicils except so far as the same are modified, and changed, by this codicil, and by the lapses occurring from the death of beneficiaries of beneficiaries therein name, one of whom was my wife Eleanor lately deceased. Second, I give and bequeath to my son Franklin E. Warner five hundred (500) dollars, absolutely instead of $800 as given him, heretofore, in my codicil. Third, I give and bequeath to my son John B. Warner, three hundred dollars thus taken from the legacy to Franklin E. Warner the same to go to my said son John absolutely. Fourth, I hereby constitute and appoint Eugene G. Warner and John B. Warner to be sole Executors of my said will and codicils and of this my last codicil. In Witness Whereof I have hereunto set my hand & seal this 18th day of March 1895. Daniel Warner L. S. The above instrument was at the date thereof signed, sealed, published & declared by the said Daniel Warner as & for a codicil to his last will & testament in presence of us who at his request & in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Benj. R. Payne, residing at Riverhead, N. Y.
Henry P. Terry, " " " "

                                                       Suffolk County Surrogates Court.
In the matter of proving the last Will and Testament of Daniel Warner deceased. Suffolk County, SS: Be it Remembered, That on this 7th day of October in the year one thousand eight hundred and ninety five before Nathan D. Petty Surrogate of said County personally appeared George F. Stackpole who being by the said Surrogate duly sworn and examined, doth depose and say, that this deponent was well acquainted with Daniel Warner deceased; and with James H. Tuthill were present as witnesses: and did see the said Daniel Warner deceased, subscribe at the end thereof the instrument now provided and shown to the deponent, purporting to be the last will and testament of the said Daniel Warner deceased bearing the date of 17th day of December in the year one thousand eight hundred and eighty nine; that such subscription was made by the said testator in the presence of this deponent and of said James H. Tuthill; that the said testator at the same time declared the instrument so subscribed by him to be his last Will and Testament-whereupon this deponent and said James H. Tuthill signed their names at the end thereof at the request of the said testator and that the said testator at the time of executing and publishing the said last will and testament was of, full age, of sound mind and memory and not under any restraint, and deponent further saith that the said James H. Tuthill the other subscribing witness to said will, died at Riverhead, N. Y. about 1 1/2 years ago. George F. Stackpole Suffolk County, Surrogate's Court. In the matter of proving the first codicil to the last Will and Testament of Daniel Warner deceased. Suffolk County. ss: Be it Remembered, That on this 7th day of October in the year one thousand eight hundred and ninety five before Nathan D. Petty, Surrogate of said County personally appeared Joseph M. Belford, who being by the said Surrogate duly sworn and examined, doth depose and say, that this deponent was well acquainted with Daniel Warner deceased and with James H. Tuthill, that this deponent and the said James H. Tuthill were present as witnesses and did see the said Daniel Warner deceased subscribe at the end thereof the instrument now produced and shown to the deponent, purporting to be a codicil to the last Will and Testament of the said Daniel Warner deceased, bearing date the 31st day of August in the year one thousand eight hundred and ninety two: that, such subscription was made by the said testator in the presence of this deponent and of said James H. Tuthill; that the said testator at the same time declared the instrument so subscribed by him to be a codicil to his last will and testament-whereupon this despondent and said James H. Tuthill signed their names at the end thereof at the request of the said testator and that the said testator at the time of executing, and publishing the said codicil to his last will and testament, was of full age, of sound mind and memory and not under any restraint, and deponent further saith that the said James H. Tuthill the other subscribing witness to said will died at Riverhead, N.Y. about 1 1/2 years ago. Joseph M. Belford. Suffolk County Surrogate Court. In the matter of proving the second codicil to the last Will and Testament of Daniel Warner deceased. Suffolk County ss: Be it Remembered, That on this 7th day of October in the year one thousand eight hundred and ninety five before Nathan D. Petty, Surrogate of said County, personally appeared William L. Snell who being by the said Surrogate duly sworn and examined, doth depose and say, that this deponent was well acquainted with Daniel Warner deceased: and with James H. Tuthill, that this deponent and the said James H. Tuthill were present as witnesses and did see the said Daniel Warner deceased subscribe at the end thereof the instrument now produced and shown to the deponent purporting to be a 2nd codicil to the last will and testament of the said Daniel Warner deceased bearing the date 3rd day of November in the year one thousand eight hundred and ninety two: that such subscription was made by the said testator in the presence of this deponent and of said James H. Tuthill: that the said testator at the same time declared the instrument so subscribed by him to be a 2nd codicil to his last Will and testament-whereupon this deponent and said James H. Tuthill signed their names at the end thereof at the request of the said testator and that the said testator at the time of Executing and publishing the said 2nd codicil to his last Will and testament was of full age, of sound mind and memory and not under any restraint and deponent further saith that the said James. H. Tuthill the other subscribing witness to said will died at Riverhead, N.Y. about 1 1/2 years ago. William L. Snell. Suffolk County, Surrogate's Court. In the matter of proving the 3rd codicil to the last will and testament of Daniel Warner deceased, Suffolk County ss: Be it Remembered, That on this 7th day of October in the year one thousand eight hundred and ninety five before Nathan D. Petty, Surrogate of said County personally appeared Joseph M. Belford who being by the Said Surrogate duly sworn and examined doth depose and say, that this despondent was well acquainted with Daniel Warner deceased; and with James H. Tuthill that this deponent and the said James H. Tuthill were present as witnesses, and did see the said Daniel Warner deceased subscribe at the end thereof the instrument now produced and shown to the deponent, purporting to be a 3rd codicil to the last Will and testament of the said Daniel Warner deceased bearing the date the 6th day of November in the year one thousand eight hundred and ninety three: that such subscription was made by the said testator in the presence of the deponent and of said James H. Tuthill: that the said testator at the time declared the instrument so subscribed by him to be a 3rd codicil to his last Will and testament whereupon this deponent and said James H. Tuthill signed their names at the end thereof at the request of the said testator at the time of executing and publishing the said 3rd codicil to his last Will and testament was of full age, sound mind and memory and not under any restraint and deponent further saith that the said James H. Tuthill the other subscribing witness to said will did at Riverhead, N.Y. about 1 1/2 years ago. Joseph M. Belford Suffolk County, Surrogate's Court. In the matter of probate the 4th codicil to the last will and testament of Daniel Warner deceased, Suffolk County ss: Be it Remembered, That on this 7th day of October in the year one thousand eight hundred and ninety five before Nathan D. Petty, Surrogate of said County personally appeared Benjamin K. Payne who being by the said Surrogate duly sworn and examined says: I was well acquainted with Daniel Warner deceased; and I was present as witnesses, and did see the said Daniel Warner, deceased, subscribe at the end thereof the instrument now produced and shown to me purporting to be a 4th codicil to the last Will and testament of the said Daniel Warner deceased bearing date the 18th day of March in the year one thousand eight hundred and ninety five: that such subscription was made by the said testator in the presence of Henry P. Terry the other subscribing witness that the said testator at the same time declared the instrument so subscribed by him to be a 4th codicil to his last Will and testament- whereupon at the same time I and said Henry P. Terry signed our names at the end thereof at the request of the said testator at the time of executing and publishing the said 4th codicil to his last Will and testament was of full age, sound mind and memory and not under any restraint. Benjamin K. Payne. Surrogate's Court, Suffolk County, in the matter of the Probate of the 4" codicil to the last will and testament of Daniel Warner, deceased. Suffolk County. Be it remembered , That on the 7" day of October in the year one thousand eight hundred and ninety five before Nathan D. petty, Surrogate of said County personally appeared Henry P. Terry, who being by the said Surrogate duly sworn and examined, says I was well acquainted with Daniel Warner deceased: and I was present as a witness and did see the said Daniel Warner deceased subscribe at the end thereof the instrument now produced and shown to me purporting to be the 4" codicil to the last will and testament of the said Daniel Warner deceased bearing date the 18" day of March in the year one thousand eight hundred and ninety five that such subscription was made by the said testator in my presence and in the presence of Benjamin K. Payne the other subscribing witness that the said testator at the same time declared the instrument so subscribed by him to be a Codicil to his last will and testament-Whereupon at the same time I and said Benjamin K. Payne signed our names at the end thereof at the request of the said testator at the time of executing and publishing the said 4th Codicil to his last will and testament, was of full age, of sound mind and memory and not under any restraint.
                                                                                                                     Henry P. Terry
State of New York, County of Suffolk, ss:- Recorded the preceding last will and testament of the four Codicils of Daniel Warner late of the town of Riverhead in said county, deceased, as a will of real and personal estate, with the proofs and examinations taken and had in the Court of the Surrogate of Suffolk County, relating to the said last will and testament and the decree admitting it to probate, which said record is hereby signed and certified by me this 7" day of October 1895
                                                                                                                Nathan D. Petty, Surrogate
 
 WOW! That was a long one!  Next time see how I organize the information to make sense of it.
Enjoy the journey,
 Debby














































































2 comments:

  1. Whew! That was ambitious. Good job!

    ReplyDelete
  2. Took me awhile to transcribe that one. A lot to really think about when reading it and trying to organize information about it.

    ReplyDelete