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Will of Henry Demelt submitted by Lori O'Dea, November 2005

To The Surrogate's Court of the County of Delaware:

The Petition of Henry B Sewell of the town of Sidney, in the County of Delaware, and State of New York, respectfully shows: That Henry Demelt late of the town of Sidney in the County of Delaware, died on the 4th day of January, 1892, leaving a last will and testament dated the 16 day of January, 1890, ____________
__________which is signed at the end thereof by the said testator and by Jay G. Lovejoy and H. B. Sewell as subscribing witnesses thereto.
That the said decedent was a citizen of the United States, and at or immediately previous to the time of his death, was a resident of the town of Sidney County of Delaware and State of New York.
That your petitioner is the executor named in the said will ______________
That the said will ____________relates to both real and personal property; and the value of the personal property does not exceed the sum of One Thousand dollars, and the value of the real property does not exceed the sum of Two Thousand dollars, as your petitioner is informed and believe
That the said decedent left his surviving him no widow who resides at __________________ in the State of _________________
That as your petitioner is informed and believe , the following named persons are the only heirs-at-law and next of kin of said decedent; and their relationship to said decedent, and their postoffice address are set opposite their respective names as follows:
Chancey Demelt a son residing at Richfield Otsego Co NY
Wallace Demelt a son residing at Franklin Del Co NY
Marshall Demelt a son residing at Sidney Center Del Co NY
Georgia Ann Whitlock a daughter residing at Franklin Del Co NY
Mary Height a daughter residing at Walton Del Co NY
Adelia Gann a daughter residing at Woodford Del Co NY
Caroline Freer a daughter residing at Walton Del Co NY
Amelia Gafferty a daughter residing at Hancock Del Co NY
Ella Harper a daughter residing at Walton Del Co NY

That the following named persons are the only persons named in said will __________________as legalese or devisees, and are all the persons in being who take an interest in any portion of the real or personal property of said decedent, as your petitioner is informed and believe , and their relationship to said decedent and their respective postoffice addresses are as set opposite their names, respectively, as follows:
Chancey Demelt a son residing at Richfield Otsego Co NY
Wallace Demelt a son residing at Franklin Del Co NY
Marshall Demelt a son residing at Sidney Center Del Co NY
Georgia Ann Whitbeck a daughter residing at Franklin Del Co NY
Mary Height a daughter residing at Walton Del Co NY
Adelia Gann a daughter residing at Woodford Del Co NY
Caroline Freer a daughter residing at Walton Del Co NY
Amelia Gafferty a daughter residing at
Ella Harper a daughter residing at

That the executor or executors, and trustee or trustees, named or described in said will _______________ and their respective places of residence and postoffice addresses, are as follows;
H. B. Sewell Executor residing at Sidney Center, Del Co NY

That as your petitioner is informed and believe , all of the foregoing named persons are of full age and sound mind except the following, who are infants, to wit: ___________________ years of age, residing with
______________at the address aforesaid, and ____________________ General Guardian.

That personal service of a citation cannot with due diligence be made upon the above named non-residents within the State of New York, as your petitioner is informed and believes.
That no previous petition or application for the probate of said will herein, or for the granting of letters testamentary or of administration of the personal property of the said has been filed with or presented to any Court, to the knowledge or belief of your petitioner.
Wherefore your petitioner pray that the said last will and testament ______________ may be proved, and letters testamentary granted thereon, in accordance with law, and to that end, that the above named widow (or husband), heirs at law and next of kin, legatees and devisees, executors and trustees, may be cited to attend the probate thereof, and that the said Surrogate may make an order directing the service of said citation without the State of by publication pursuant to Sections 2522 and 2523 of the Code of Civil Procedure, and for such further or other order or decree as may be just and proper. H. B. Sewell
Dated January, 1892.

________________________
_______________________
COUNTY OF DELAWARE-ss
H. B. Sewell
Being duly sworn say he is the petitioner named in, and who subscribed the foregoing petition that he has heard the same read, know the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believe it to be true.
Subscribed and sworn to before me H.B. Sewell
This 6 day of Janu 1892.
Ella J. Sewell
Notary Public

______________________
_____________________

COUNTY OF DELAWARE-ss
I Henry B. Sewell executor named in the last will & Testament of Henry Demelt, late of the town of Sidney, Delaware County, deceased, do solemnly swear that I am a resident of Sidney Center Del Co, in the State of New York, and am over twenty-one years of age, and that I will well, faithfully and honestly discharge the duties of the office of executor of the said last will and testament of Henry Demelt, according to law.
Subscribed and sworn to before me H.B. Sewell
This 6 day of Janu 1892.
Ella J. Sewell
Notary Public

______________________
_____________________


The People of the State of New York,
BY THE GRATE OF GOD FREE AND INDEPENDENT:
To John H. Townsend SEND GREETING.
WHEREAS, Henry Demelt, of Sidney Del Co. NY as is alleged, lately died interstate, having whilst living, at the time of his death, goods, chattels and credits within this State, by means whereof the ordering and granting Administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the account thereof, doth appertain unto us: And we being desirous that the goods, chattels and credits of the said deceased may be well and faithfully administered, applied and disposed of, do grant unto you the said John H. Townsend full power, by these Presents, to administer and faithfully to dispose of all and singular the said goods, chattels and credits ---to ask, demand, recover and receive the debts which unto the said deceased, whilst living, at the time of his death, did belong, and to pay the debts which the said deceased did owe, so far as such goods, chattels and credits will thereto extend, and the law require.
HEREBY REQUIRING you to make, or cause to be made, a true and perfect Inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to your hands, possession or knowledge, and the same so made to exhibit, or cause to be exhibited, into the office of the Surrogate of the said county of Delaware, at or before the expiration of three calendar months from the date hereof: And also, to render a just and true account of Administration when thereunto required. And we do, by these presents, depute, constitute, and appoint you the said John H. Townsend Administrator of all and singular the goods, chattels and credits which were of the said Henry Demelt deceased.
IN TESTIMONY WHEREOF, we have caused the Seal of our said Surrogate to be hereunto affixed.
WITNESS, Albert H. Sewell Esquire, Surrogate of said County, at Delhi, the 18 day of April in the year of our Lord one thousand eight hundred and ninety two
Albert H. Sewell Surrogate.


Petition for Proof of Will---9-12-'87-5h S. M. SHAW & CO, Printers, Freeman's Journal Office, Cooperstown, NY
To the Surrogate's Court of the County of Delaware in the State of New York:
The Petition of Mathew Benedict of the town of Sidney, in the county of Delaware and State of New York, respectfully shows:
That Henry Demelt died on the 5th day of January, 1892, at Sidney Centre in the county of Delaware and State of New York leaving Real V. (???) personal property within your county and leaving a will of Real V. (???)personal property, bearing date the 5th day of March, 1890, executed as prescribed by the laws of the State of New York, in which will Mathew Benedict was designated as Executor, whose postoffice address is as follows: Sidney Center Delaware Co NY
That the said testator was, at the time of his death, a resident of said county of Delaware resided at Sidney Center, in said county.
That the said testator left his surviving, who are all his heirs-at-law and next of kin, and their respective postoffice addresses, and places of residence, and the ages of such of them who are infants, are a follows, to wit:
Chauncey Demelt residing at Richfield County of Otsego State of NY
Marhsall Demelt residing at Sidney Center County of Del State of NY
Wallace Demelt residing at Franklin County of Del State of NY
Georgia Ann Whitbeck residing at Franklin County of Del State of NY
Mary Haight residing at Rock Valley County of Del State of NY
Adelia Gann residing at Woodford County of Del State of NY
Caroline Freer residing at Walton County of Del State of NY
Amelia Gafferty residing at Franklin County of Del State of NY
Ella Harper residing at Walton County of Del State of NY

That no petition for probate of said will has been filed in any Surrogate's Court.
That your petitioner is informed and believes that the real estate of said decedent does not exceed in value the sum of $2000 dollars, and that the personal estate of said decedent does not exceed in value the sum of $600 dollars.
Your petitioner therefore prays that the said will may be proved, and that the said heirs-at-law and next of kin of the said testator may be cited to attend the probate thereof.
Dated the 28th day of January, 1892
Mathew Benedict Petitoner


The Last Will and Testament
Of
Henry Demelt of the Town of Franklin County of Delaware and State of New York.
I Henry Demelt being of sound mind and memory, aware of the uncertainty of life and the certainty of death, and desirous of making an equitable and proper disposition of my property at my decease. I do make, ordain, publish and declare this to be my last WILL and TESTAMENT, in manner and form following, that is to say:
First, after the payment of all my funeral expenses, the expense of administering my estate and my lawful debts I give, divide and bequeath my property as follows.
To Chauncey Demelt my son the sum of Four hundred dollars.
To Wallace Demelt my son the sum of Four hundred dollars.
To Marshall Demelt my son the sum of Three hundred and fifty dollars.
To Georgia Ann Whitbeck my daughter the sum of Two hundred dollars.
To my daughter Mary Haight the sum of Three hundred and fifty dollars.
To my daughter Adelia Gann the sum of Three hundred and seventy five dollars.
To my daughter Caroline Freer the sum of Two hundred and fifty dollars.
To my daughter Ameliya Gafferty the sum of Two hundred and fifty dollars.
To my daughter Ella Harper the sum of Two hudred and fifty dollars.

In case there shall not be sufficient property to pay the legases as noted therein then each owners share shall be deducted from alike.

And I grant unto my said executor the power to sell the said real estate and count the sum into money for the purposes of paying said legacies herein notated.

Likewise, I make, constitute, and appoint Henry B. Sewell of Sidney Center Delaware County NY
To be my 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 the Lord, one thousand eight hundred and ninty.
Henry Demelt

The foregoing instrument was at the date thereof subscribed by Henry Demelt the testator therein names, in the presence of us and each of us. Be at the time of making such subscription acknowledge that he executed the same, and declared the said instrument so subscribed by him to be his last Will and Testament. Whereupon we, at his request and in his presence, and in the presence of each other, do here subscribe our names as witnesses thereto.
Jay B. Lovejoy residing at Sidney Center, NY.
H. B. Sewell residing at Sidney Center, NY.


Henry Demelt Box 19 (handwritten)

In the name of God Amen. I Henry Demelt of the town of Sidney, Delaware county NY being of sound mind and memory and considering the uncertainty of this 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 bequeth and devise all of my Real and personal property of every name and nature of which I am now possessed or of which I may hereafter become possessed of to my mine children- Chauncy Demelt, Caroline Freer, Delia Gann, Ann Eliz Gafferty_ Marshall Demelt, Mary Haight, Ella Harper, Georgianne Whitbeck and Wallace Demelt. Share and share alike. I likewise make constitute and appoint Mathew Benedict to be the executor of this my last Will and Testament and give him full power and authority to sell and dispose of all my real estate and personnel property and convert the same into money to be divided equally among my mine children aforesaid.
Hereby revoking all former Wills by me made.
In witness where of I have hereunto subscribed my name and affixed my seal the 5th day of March 1890.
Witness
T Sanderson Henry Demelt
Nelson X Ruce
(the X) is his mark

The above instrument consisting of one sheet was at this date thereof subscribed by Henry Demelt the testation named in the foregoing Will and in presence of us and each of us and at the time of making such the above instrument was declared by the testation to be his last Will and Testament and each of us at the request of said Testator and in his presence and in the presence of each of the signed are names as witnesses then he at the end of the Will.
T Sanderson Residing at Sidney Center NY
Nelson X Ruce Residing at Sidney Center NY

(the X) is his mark


Surrogates Court Delaware County (handwritten)
In the matter of the
Probate of the last will and testament
Of Henry Demelt late
Of Sidney deceased

Certain papers have been presented to this court as the last will and testament of Henry DeMelt and whereas all the heirs at law and next of kin and all interested parties have been duly cited to appear at the probate of the said and whereas all said hearing held at the office of the Surrogate of said County in Walton on the 30th day of January 1892 and whereas all said hearing a certain others papers alleged to the last will and testament of said testator and whereas objections to the probate of the said alleged will has been neither persrud by all of the said heirs at seems as not the last will and testament of said testator and where as it is conceded by ? and on behalf of each and every of the said heirs at law next of kin legatees devises and interested parties. That at the time of the execution of each of said alleged last will and testament the said Henry Demelt was not of sound mine and memory and incapable in lieu of making a testament any desperation of his property now therefore we the undersigned heirs at law and next of kin of said alleged testator and all of thus hereby consent and speculate that both said alleged will be ? the ? hereby are declared void and set aside by the court and that the said Surrogate issue ? of administrator are said estate the ? as is the said Henry Demelt had died ? and that letters of administration be issued to the said John H Lounsend.
Dated Feb 13th 1892
Caroline Freer
Adelia Gann
Wallace DeMelt
Mary A Haight
Ella Harper
Georgian Whitbeck
Chaucey DeMelt
Marshall Demelt
Ann E Gafferty
State of New York
County of Delaware ss
On this 30th day of January 1892 before me the subscribers personally appeared Caroline Freer, Adelia Gann, Wallace Demelt, Mary A Haight, Ella Harper, Georgianna Whitbeck and on the 18th day of February Chaucey DeMelt and on the 23 day of Feby 1892 Marshall Demelt and on the 26th day of Feb Anna E Gafferty to the known to be the persons described in and who executed the written instrument and severally acknowledged that they executed the source
H.B. Sewell
Notary Public



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