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Delaware County NY Genealogy and History Site

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WILL of John Butler
submitted by Jim Elbrecht, June 21, 2002

The probate follows;
"Delaware Co, New York; Walton Book D-14"
Wife Martha (EELLS)
Will made Dec 4 1837
(Died Jan 11, 1838)
Probate April 30 1838


Witnesses;
Hannah Eells
Sarah Wakeman


Executors;
Jeter Gardiner
Hiram B. Goodrich


P12;
The last will and testament of John Butler, deceased.
Proved and recorded as a will of real & personal April 30, 1838.


The Last will and Testament of John Butler of Walton, Delaware County, New York.

I John Butler considering the uncertainty of that mortal life and being of sound mind and memory (Blessed be the Almighty God for the same) do make and publish this my last will and testament in manner and form following to wit; I give and bequeath unto my beloved wife, Martha, all my farm of land consisting of about eighty and one half acres being the same on which I now reside and occupy, with all the appurtenances and hereditaments thereunto belonging and the rents, profits, and issues therefor together with all my personal property for and during the term of her natural life.


And from and after the decease of my said wife then the aforesaid property both real and personal to be equally divided among my children and to their heirs and assigns for ever and I do hereby appoint and constitute Jeter Gardiner and Hiram B. Goodrich Executors of this my last will and Testament, hereby revoking all former wills by me made.


In witness whereof I have hereunto set my hand and seal, this fourth day of December one thousand eight hundred and thirty-seven.
John Butler L.S.
Signed, Sealed, published and declared by the above named John Butler to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses, in the presence of the testator.
Hannah Eells
Sarah Wakeman


Delaware County
Surrogate Court
In the matter of the probate of
The last will and testament of John Butler late of
Said county, deceased, as a will of real and personal estate
Delaware County ss.


Hannah Eells of the town of Walton in the county of Delaware being first duly sworn deposes and says that she saw the above named John Butler late of the Town of Walton in the County of Delaware deceased, place his fingers on the seal of the instrument now shown her and which purports to be the last will and testament of the said John Butler and bears date the fourth day of December 1837 and that she heard the said John Butler declare the same to be his last will and Testament and that she this Deponent together with Sarah Wakeman the other subscribing witness subscribed their names as witnesses


[p13]
to said instrument at his request; and at the time thereof the said John Butler was of sound mind and memory, of full age to make said will and not under any restraint.
Sworn and subscribed before me the 30th
Day of April___ 1838 Hannah Eells
A. Parker, Surrogate


Delaware County
Surrogate Court
In the matter of the probate of
The last will and testament of John Butler late of
Said county, deceased, as a will of real and personal estate


Sarah Wakeman of the town of Walton in the county of Delaware being first duly sworn deposes and says that she saw the above named John Butler late of the Town of Walton in the County of Delaware deceased, place his fingers on the seal of the instrument now shown her and which purports to be the last will and testament of the said John Butler and bears date the fourth day of December 1837 and that she heard the said John Butler declare the same to be his last will and Testament and the other subscribing witness and that she this Deponent together with Hannah Eells the other subscribing witness subscribed their names as witnesses to said instrument at his request; and at the time thereof the said John Butler was of sound mind and memory, of full age to make said will and not under any restraint.
Sworn and subscribed before me the 30th
Day of April___ 1838 Sarah Wakemans
A. Parker, Surrogate




State of New York
Delaware County ss


Be it [rembered] that on the 30h day of April, in the year of our Lord one thousand eight hundred and thirty eight came before Amasa Parker Esquire, Surrogate of the County of Delaware came Hannah Eells and Sarah Wakeman attesting witnesses to the last will and testament of John Butler late of the town of Walton in the county aforesaid, deceased and the said Hannah Eells and Sarah Wakeman being duly sworn did severally depose and say that they saw the said John Butler, deceased subscribe and Execute the instrument now shown them and which purports to be the last will and Testament of the said John Butler and bears date the fourth day of December 1837 that they heard the said John Butler declare the same to be


P14
his last will and testament, that they the said Hannah Eells and Sarah Wakeman subscribed their names as witnesses to said instrument, at his, the said John Butler's request, and in his presence and at the time thereof the said John Butler was of sound mind and memory of full age to Execute said will and not under any restraint. Whereupon the said Will is admitted to Probate as a will of real and personal estate and together with the testimony aforesaid accorded pursuant to the Revised Statutes in such case made and provided. In Testimony whereof, the Surrogate aforesaid, hath hereunto affixed his seal of office.
Witness, Amasa Parker, Esquire, Surrogate of Said
County at Delhi this thirtieth day of April, 1838.
Amasa Parker


[Following John Butler's entry on that page and continuing beyond is the will of John E Burkaus of Roxbury ;
Proved May 4 1838
Made ????
Wife Hannah
Sons Edward & Dubois Burkaus
Son in law Jacob NEWKIRK
Daughter Sarah FRISBEE, widow of Reuben FRISBEE- has minor children
Dubois & Sarah]





Some other background that I have on John BUTLER comes from his RevWar pension applications. [I have the 34 pps abstracted in more detail in a word file if you'd like it. Nothing major, but it took his wife a while to get her widows pension.] --Jim Elbrecht

From M804-437 Pensions of Revolutionary War Veterans;
John BUTLER, CT W20821
John BUTLER said he was b.Norwalk, CT May 9, 1763; died Jan 11, 1838. Parents died when he was an infant. His first tour of service was as a substitute for his master, John BENEDICT, to whom he was an apprentice.

Wife- Patty or Martha EELLS b. about 1763-- married New Canaan, CT 17 Nov 1784 by Rev. Justus Mitchell; Lived in Stockbridge, MA about 1784-6; Pound Ridge, Westchester Co about1786-1806 then Walton, Delaware Co.. His wife has brother Samuel EELLS ae68 of Walton in April [1838?] who said he was 14 when sister married.[1784] [check to be certain-- but a Samuel EELLS ae62 in 1832 served his father, LT Jeremiah B. EELLS, Couch's Co, at West Point in 1781]


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