Codicils Two and Three for Merritt Howell Jr.

If you have been following the Life of Merritt Howell Jr., and the  Will of Merritt Howell Jr., you know there were Three Codicils to his Will.  The First Codicil for Merritt Howell Jr. was previously presented and discussed.  We can see and understand the reason for several of the changes to the original Will. What can we learn from the last two Codicils that follow:

Second Codicil (11 November 1857)

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Transcription: 
Whereas I, Meritt Howell of the town of Riverhead in Suffolk County have made my last will and testament I hereby give and bequeath to be equally divided among my said seven children, Fanny B., Hampton F., Betsey, Sally, Harriet, Francis and Jemima (the children of Jemima to take together the same share their mother would have taken if living) all my personal property including money notes and stock, except household furniture after paying my just debts and the legacy given by my Codicil to the American Board of Commissioners for Foreign Missions, and except the notes I hold against John K. Smith and Hallock Edwards decd [deceased] which are given away by my said will_
I hereby appoint my son Hampton F. Howell and Sylvester Hallock my son in law Executors of my said will and of this Codicil and I hereby substitute the said Hampton F. Howell and Sylvester Hallock in the place of my daughter Sally Edwards as Trustees of the lands given by my said Will and Codicil for the use of my grandson Elbert H. Edwards and it is my will that they shall take the said lands with the same powers & for the same purposes (&subject to the same legacy to the said Sally Edwards might have taken them under the said Codicil, and that they shall furnish the said Elbert a house and support and ordinary schooling till 21 years old (unless he shall sooner marry) out of the income of such property_And I hereby annul so much of said Will & Codicil as gives to Sally Edwards any fire wood or cordwood out of said lands_ I desire that this Codicil may be annexed to & taken as a part of my said last will and testament as aforesaid to all intents & purposes_ In witness whereof I have hereunto set my hand & seal this eleventh day of November one thousand eight hundred and fifty seven_
                                                                                                         Merritt Howell L.S.

Signed sealed published & declared by the said Merritt Howell as & for the Second Codicil to his last will & testament in presence & in the presence of each other have signed our names as witnesses-
     James H. Tuthill residing in Riverhead in Suffolk County
     Sylvester Miller residing in Riverhead in Suffolk County


Some thoughts and questions:

• Daughter Jemima (my 3^rd great grandmother) died 22 October 1857 only weeks before this Codicil was written.
• In the original Will Merritt’s wife Elenor and only son Hampton were listed as Executors. In Codicil One Elenor has passed away and no one is mentioned as Executor except his son Hampton. Now in Codicil Two Merritt lists Hampton again and adds his son-in-law Sylvester Hallock as Executor. Why did he decide to add his son-in-law Sylvester Hallock (Frances' husband) as an Executor? Why not add one of his other son-in-laws?
• What happened with Sally and why did he make these changes?  Why did he no longer what her to be trustee for her son?  Is it because she remarried?
• Now in this Codicil he adds his personal property to his Will and divides it equally among his living children but also includes the children of his deceased daughter Jemima.

Third Codicil (24 November 1857)

Transcription:
I, Merritt Howell, hereby make this third Codicil to my last will and to testament by which Codicil I hereby give and bequeath to the children of my deceased daughter Jemima Howell all the notes I hold against my son in law Daniel Howell to be divided equally between them share and share alike, which notes are to be executed from the personal property bequeathed by my second Codicil bearing date the eleventh day of November 1857, and this bequest is not to affect the share of the said children in the other personal estate given them by the said second Codicil_In witness whereof I have hereunto set my hand and seal this twenty fourth day of November one thousand eight hundred and fifty seven_ his

                                                                                                              Merritt Howell L.S.


Signed sealed published and declared by the said Merritt Howell as & for the third Codicil to his last will and testament in presence of us who at his request & in his presence & in the presence of each other have signed our names as witnesses_
     James H. Tuthill residing in Riverhead in Suffolk County
     Joshua L. Wells residing in Riverhead in Suffolk County


Some thoughts and questions:

• This Codicil is dated 13 days after the 2^nd Codicil.
• This Codicil only relates to the death of Merritt’s daughter Jemima (my 3^rd great grandmother) and the ‘Notes’ Merritt holds against Jemima’s husband Daniel Howell. I wonder if Merritt didn’t feel he had been explicit enough in the 2^nd Codicil about dispersing what he had given to Jemima previously as now going to her children upon her death?
• Joshua L. Wells was a witness for the original Will also. James H. Tuthill was a witness for all three Codicil.
• Merritt would die on 10 days after this Codicil was written.  Looking at the events occurring in Merritt's life during the time of the original Will and the Codicils tells me more about what he was thinking at the time.  While there are still unanswered questions I feel like I know more about Merritt then I did before I reviewed his Will and the Codicils.  I also learned valuable information on who his daughters married and their children's names.  What a wealth of information!

If you have any corrections or additions or stories to share I look forward to hearing them.
Enjoy the journey,
Debby

First Codicil for Merritt Howell Jr

In two previous posts I have told the story of the life (The Life of Merritt Howell Jr) and have reported on the Will (The Will of Merritt Howell Jr) of my 4th great-grandfather Merritt Howell Jr.  Next there are three Codicils to his Will to look at next. This is the 1st Codicil:

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First Codicil     (19 March 1855)

Transcription:

Whereas I, Merritt Howell, of the town of Riverhead in Suffolk County have made my last will and testament bearing date the seventh day of February one thousand eight hundred and fifty three, in and by which I have devised to my wife Elenor Howell (now deceased) certain real estate during her natural life and after her death the same to go to my grandson Elbert H. H. Edwards and have given the care and control of such real estate to my daughter Sally Edwards after the death of my said wife until the said Elbert H. H. Edwards shall arrive at twenty five years of age, and have directed my son Hampton L. Howell to pay to the said Sally Edwards four hundred dollars for the said Elbert to build a house with, and have directed my Executors to pay thirty dollars a piece for tombstones for myself and my said wife. Now therefore will by this my writing, which I hereby declare to be a Codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is that all the real estate which in my said will I gave to my said wife for her natural life, now that she is dead, shall go to and I do hereby give and devise the said real estate to my daughter Sally now the wife of David Horton in trust for the use and benefit of my said grandson Elbert H. H. Edwards until he shall arrive at the age of twenty five years as aforesaid then I do devise the said real estate to the said Elbert H. H. Edwards when he arrives at the age of twenty one years shall convey to his brothers and sister James H. Edwards, Serepta E. Edwards and Chauncey A. Edwards or to such of them as shall then be living all his interest in the estate of his father Hallock Edwards deceased_ And if the said Elbert H. H. Edwards shall die before he arrives at the age of twenty one years the said real estate shall go to my heirs at law_ But the devise of the real estate above mentioned is subject to the payment of six hundred dollars to my said daughter Sally, wife of David Horton, and I do hereby direct my Executor Hampton L. Howell to sell enough off of the North part of the west half of my homestead, at my decease to said the said sum of money and pay the same to her_ as for the sum of four hundred dollars to be paid the said Elbert H. H. Edwards by my son Hampton, my will is that the said Hampton shall pay out of his own money to the said Elbert the sum of four hundred dollars and deliver to him or his _ the back kitchen answered to the __ I have in with the store of the cellar under it, when the said Elbert shall devise to build a house on the lands above mentioned_ it is my will that my daughter Sally, wife of David Horton, shall furnish the said Elbert H. H. Edwards a home and support and ordinary schooling until he shall arrive at twenty one years of age unless he shall marry before that, and reimburse himself out of the income of the lands given to her for his use, and the said Sally may cut from the part of the homestead given to her in trust as aforesaid what firewood she shall need for her family, and also twenty four foot cords of wood annually for the purpose of obtaining manure to put on __ part_As for the tombstones for myself and my said wife it is my will that my Executor shall pay forty dollars for each and that he shall enclose one graves and that of my deceased child Elenor Ann with a substantial iron fence_My will is that the rightof way mentioned at the bottom of the second page of my said will shall begin at that part of the cedar swamp which Hampton may convey to Elbert’s land_And I do further give and bequeath the sum of one hundred dollars to the American Board of Commissioners for Foreign Missions, unless I shall have given that sum to that Board before my death and after the date of this Codicil_ 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 and purposes_In witness where of I have hereunto set my hand & deal this nineteenth day of March in the year of our Lord one thousand eight hundred and fifty five.
                                                                                                 Merritt Howell L. S.

The above instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Merritt Howell as and for the Codicil to his last will and testament, in presence of us who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. The word “dollars” interlined over sixth line of 2^nd page and word “ordinary” intertwined over fourteenth line of same page_
     James H. Tuthill of Riverhead Suffolk County
     Ira Land of Riverhead Suffolk County


Some thoughts and questions:

• Merritt’s wife Elenor died on 31 October 1854 so this may have been the first reason for him to add a Codicil.
• Merritt makes sure there is money for tombstones for himself and Elenor. The money has increased by $10 for each. He is also requesting a fence around his, Elenor and deceased daughter Elenor Ann’s graves. I believe Elenor Ann died at the age of 15 in 1823.
• Merritt’s widowed daughter Sally has remarried. Perhaps an additional reason for the 1st Codicil. Her son Elbert was 11 years old at the time of this Codicil. I wonder why Merritt was so concerned about Elbert having money for a home when this was not a concern for any of the other grandchildren? Was it because Elbert’s father had passed away and his mother Sally had remarried? It also sounds like there is an estate that Elbert will be eligible for from his father, so, that may be why he is then transferring some of his estate to Elbert’s brothers and sister. Sister Rosalie was not born at this time. I find this change interesting.
• What is the American Board of Commissioners for Foreign Missions? Merritt is leaving them a substantial amount of money ($100 then would be equivalent to about $3,000 today). After some research I learned that the American Board of Commissioners for Foreign Missions was among one of the first American Christian missionary organizations. It was created in 1810 by graduates of Williams College. In the 19th century it was the largest and most important of American missionary organizations and consisted of participants from Reformed traditions such as Presbyterians, Congregationalists, and German Reformed churches. I am not finding Merritt in local Presbyterian records, so, I am guessing he may have attended the Congregational Church in the area?  What does this tell me about his religious beliefs?
• There are new witnesses to this Codicil then in the original Will: James H. Tuthill and Ira Land.

Some major changes in life and interests have led to this first Codicil.  There are two more Codicils to learn from.  Merritt would live for two more years.  How will Merritt’s wishes change in the next Codicil?


If you have any corrections or additions or stories to share I look forward to hearing them.
Enjoy the journey,
Debby

How Close Did my Ancestors Live to Each Other

Have you ever wondered how close your ancestors may have lived to each other? I found a land document that answered that question for me about the Benjamin and Warner lines.

When I am back East visiting family I always want to spend some time at the Suffolk County Land Records Department in Riverhead, New York. I am constantly amazed at some of the things I am finding in a location that many choose not to explore. A while back I discovered the Archives room in the Land Records office. The ledgers here are the fist record books dating back to the early 1700s, I believe. These ledgers and are not out on public display in the regular land deed section, I am guessing, due to their age. Ledgers from this time period need to be specifically requested and if the pages are not in sleeve protectors then you must use gloves to touch and turn the pages. When I was there in May I was waiting for the Archivist, Sharon Pullen, and stopped to look at several of the display cases that were there. I am usually in such a hurry to get copies of the records I am looking for and get on with my day that I rarely take the time to look at what is on display figuring it doesn’t relate to me anyway. This time was different…

The display case had to do with Unacknowledged Deeds.

(photo unacknowledged deeds)

Unacknowledged Deeds as stated in the display case are deeds that do “not contain a notary’s acknowledgement of the signature”. That’s interesting and I had never thought to verify that there was a notary’s signature on the documents I have found. Good information to have as a genealogist. I continued to look at the documents in the case and found the following:

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Transcription:

Know all men by these presents that I Nathan Benjamin of the Town of Riverhead in the County of Suffolk and state of New York for and in Consideration of the sum of twelve hundred and fifty dollars to me in hand paid by John Benjamin of the town County of Suffolk and state aforesaid John Benjamin and I for my self and heirs executors and administrators do bargain and sell unto John Benj his heirs executors administrations and assigns for ever a sertain tract or parcel of land situate and lying in the town of riverhead County of Suffolk and state of New York and bounded as follows _ beginning at the North East corner of the land Called listcums place thence running westerly by the land of James Warner unto the land of Benjamin Edwards thence running easterly through the middle of the pond by that land of Benjamin Edwards until it strikes into the middle road thence Easterly by the middle road unto the highway that leads from Richard Albertsons mill to the north road thence northerly by said highway as far a the north end of James Hullses land lying the west side of the highway thence running easterly by the land of James Hulls twenty five rods thence running southerly by the land of James hulls unto the land of James Terry or middle of the pond thence easterly by the land of James terry unto the land of William Horton thence running northerly by the land of William Horton as far as a hedge fence North end of the first cleared lot Northward of the uncleared land thence westerly by the said hedge fence the north end the said cleared lot unto the North west corner thence westerly from the Corner a strait corse to the northeast Corner of theaforesaid listum place or place of beginning which closes the farm which is by Estimation one hundred and thirty acres be the same more of less To have and to hold the above written premises with all the privileges and appertainances there unto belonging on in any wise appertaining and I the said Nathan Benjamin for myself my heirs executors and administrators do warrant and defend the above written premaces to be clean and free from all lawful claim or Claims whatever from all person or persons whomsoever Unto the said John Benjamin his heirs executors administrators and assigns forever in witness whereof I have here unto set my hand and seal this first day of April in the year of our lord one thousand eight hundred and seventeen Signed Sealed and delivered in presents of
Nathan Benjamin                                                                                 Nathan Benjamin
Daniel Benjamin


Some background on my paternal ancestors and some interesting connections that I was able to draw: 

• There were at least 3-4 generations of men named ‘Nathan’ Benjamin.
• Nathan Benjamin I married Deborah Clark, my 6^th great-grandparents.
• Nathan Benjamin II (1733-1805) married Jemima Aldrich, my 5^th great grandparents.
• Nathan Benjamin III (1760-1838) married Joanna Swezey, my 4^th great-grandparents and parents of Jemima Benjamin who is my 3^rd great-grandmother.
• The ‘Nathan Benjamin’ must be referring to my 4^th great-grandfather Nathan Benjamin III who is the only one that was living at the time this document was written.
• Were the Nathan and Daniel Benjamin that signed as witnesses the sons of Nathan Benjamin III? I believe so.
• James Warner (1762-1803) is my 4^th great grandfather. In 1817 James had passed away but his wife Anna/Glorianna Edwards was still living.
• James and Ana’s son Daniel Warner (my 3^rd great-grandfather) had been married about 5 years at the time this document was written to Jemima Benjamin. (They married about 1812). 
• Daniel had a brother named James Warner, Jr. (1786-1853) who married Huldah Wells in 1817. This must be the James Warner owner of the property referenced in the above document.
• I have yet to find any documents showing James Warner Sr’s original purchase of land in the Baiting Hollow area, so, I do not know the exact location of his land. Land deeds such as this one confirm the general area the family lived and the fact that land was owned. Perhaps some of the land referenced was land James Jr. received or purchased from his father James Warner Sr?

This would mean that my 3rd great aunt and uncle, James Jr and Huldah Warner and my 4^th great-grandparents Nathan & Joanna Benjamin owned adjoining property in 1817.

The ‘Terry’ and ‘Edwards’ names are also ancestral Surnames from this area. I’ll need to do additional research to see if Benjamin Edwards and James Terry who are property owners referenced are also ‘family’.

It’s amazing how one document can locate several ancestral lines in the same location at a particular point in time. One of the many reasons I enjoying looking for property deeds, acknowledged or unacknowledged. Remember to also take the time to look at display cases that are right in front of you. You’ll never know what treasures you might find and the translation was already done for me!

If you have any corrections, additions or stories to share I look forward to hearing them.
Enjoy the journey,
Debby

How Many People Does it Take to Locate a Cemetery?

Recently, while I was preparing for a trip to visit family back East, I remembered visiting a very small cemetery of about a dozen headstones in the woods off River Road in Calverton. I had taken a few pictures of the headstones but thought I’d double check to see if the cemetery had been recorded on FindAGrave. If not, then I should take a few minutes and get photos of the headstones to post. I found that the ‘Wells Cemetery’ had been documented on FindAGrave. I did, however, notice another cemetery listed in Calverton, NY entitled the ‘Edwards Cemetery’. Hmm…I grew up there and NEVER remember hearing anything about an ‘Edwards Cemetery’. 

When I opened the cemetery link there was a listing for several people but no headstone pictures. I also noted a request for a photo. I knew I would have very little time while in Calverton but maybe I could find this cemetery and take a photo for the person requesting it. I was very puzzled by the idea that this cemetery even existed and I had no idea about where to find it. Genealogists do love a quest!

I contacted the gentleman looking for a photo of a headstone. Rick was looking for the headstone of David Edward Dayton, reportedly buried there. He had no idea of the actual location of the cemetery besides it being listed as in Calverton, New York. OK, I know there is an Edwards Avenue in the area. So, maybe the cemetery is off that road on a dirt road behind one of the farm fields? I know ‘Edwards’ lived there and were farmers for generations. I even have a 4^th great grandmother who was an Edwards from the area. Maybe I have ancestors buried there?

When I got to New York I asked my family. My Dad has lived in that area for over 80 years (and my grandparents since 1929). Surely he would know. No, he’d never heard of it. My brother recommended a family friend who knows everything all about the area and his family has also been there for generations. Jay said he’d ask his sister, the genealogist. His sister thought it was maybe in the triangular area where Edwards Avenue, River Road and Railroad Avenue come together. My Dad never remembered a cemetery there but maybe it’s in the little bit of woods there.

I contacted the person who had listed the names for the Edwards Cemetery on FindAGrave.  The information she had came from Elbert N. Carter & Leigh Phillips in 1973, “this cemetery is located approximately 0.3 miles west of Edwards Avenue on South River Road or Mill Road. It is about 70 yards south of the road and to the East of a house and garage. The cemetery is in very bad shape and is completely overgrown with briars. Most of the stones are down.”

My son happened to be visiting for about an hour and heard us talking about this and our wondering who to ask next. The woman who had listed the cemetery responded as we were talking. At the same time my son showed me his phone and said “Here are the coordinates for the Edwards Cemetery.” SURPRISE! Mill Road, this matched what the woman from FindAGrave said. I had looked on FindAGrave for information about the cemetery and there wasn’t any but I had forgotten what my son always tells me “GOOGLE it Mom!”

The next morning my Dad said, “Well, let’s go see if we can find this cemetery.” He and my stop mother and I drove the couple of miles to Mill Road, Calverton, NY. Then we went exactly .3 mile and saw nothing … but trees, brambles, overgrowth, etc.

A little bit farther there was a sign for a Nursery.

We saw a truck pull in so we parked on the side of the road and my father went to ask the driver if he knew of a cemetery nearby. I HAD to look also. So off I went through the brush.  My son had dropped a ‘pin’ on Google Maps for me. I walked with my phone showing the location of the spot for the cemetery and my location as I walked in to the woods through the brush following the ‘pin’. I was determined to find some tombstones in the bushes. 

Nothing. I came out by the road in to the nursery and asked someone if they knew of a cemetery. A worker told me to go in the greenhouse and find someone. I found someone who knew exactly what I was looking for. I had walked right past it looking for her. There it was…in the middle of the Nursery. WOW!! SUCCESS!!

I went back to the car to find my parents and share and show them my discovery. The owner of the Nursery happened to come by and explained that she had purchased the Nursery in 2004. She had placed a retaining wall around the cemetery to help preserve it. She said the previous owners had repaired the broken stones that were there to help save them.

Unfortunately, the headstone of David Dayton was not there. It may have been at one time but may have been lost to time. There were 7 stones in total with 6 carrying the Surname Edwards.

A very special thank-you to everyone who aided me on my Quest and has helped over the years preserve this small cemetery! It took a lot of people to find this cemetery but it is now found. I will add the photos for the headstones to FindAGrave as soon as possible and the location of the cemetery for others to find as well.  Don’t give up on your Quest to find those little known cemeteries you are searching for and know there are people out there to help you!

If you have any corrections, additions or stories to share I look forward to hearing them.
Enjoy the journey,
Debby