Daniel is the son of Archibald & Mary (Benedict) Crawford. He's the husband of Sarah Bemus, married March 22, 1789. They had 8 children; Mary [Davis], Jotham, John B., Tyrphena [Ostraneler], Betsy P. [Andrews], Margaret [ Hawley], Sarah Maria [Adams], Martha B. [Hall] Crawford. ~ His burial was in October 1839.
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Will of Crawford, Daniel
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Daniel Crawford born June 14, 1764 Pound ridge, Westchester County, New York died October 23, 1839 buried in the Whitford Cemetery, Saratoga Spa, Saratoga Co., New York Married Sarah "Sally" Bemus March 22, 1789 in Saratoga Co., New York
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Transcribed by Thomas L Dunne descendant. Some of the writing is hard to read, errors in spelling may be found.
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The last will and testament of Daniel Crawford deceased relating to both real and personal estate together with the proofs there of Recorded December 23rd 1839
At a Surrogates court held at the village of Ballstons Spa in and for the county of Saratoga on the 23rd day of December 1839 present John W Thompson Surrogate
Be it remembered that heretofore to wit as a Surrogates Court held at this place for the county and before the Surrogate aforesaid on the 29th day of October 1839 Ezra Hall an executor named in as certain (???) dated the third day of November 1838 (?????) to be the last will and testament of the said Daniel Crawford deceased relating to both real and personal estate, appeared and offered said testament for probate and made satisfactory proof by affidavit which is now on file in said Surrogates office that the said Daniel Crawford died on or about the 23rd day of October 1839, that at the time of his death and for some years previous thereto he was an inhabitant of the town of Saratoga Springs in said county that he left a widow, to wit Sarah Crawford who resides in said townof Saratoga Springs that he left two sons John B Crawford who resides in Waynesboro North Carolina and Jotham Crawford who resides at Saratoga Springs aforesaid & five daughters to wit Tryphena wife of Marvin Holden who resides at Brockport Monroe County NY Betsey P wife of John Andrews (???) who resides at Geneva (???) County Ohio Margaret wife of Samuel C Hawley who resides at Rochester Monroe County. Sarah M wife of Grant Adams who resides in the town of Hanibal Oswego County and Martha B wife of Ezra Hall who resides in Saratoga Springs aforesaid, and the following named grand children to wit: Nancy wife of Darius Austin, Daniel Davis, Jotham Davis, Clarissa R Davis, Cornelia wife of Edward Cause, John Davis, Darius Davis, & Mary Davis all of whom reside in Saratoga Springs aforesaid & one great grand son to wit: William Chesney
who resides at Saratoga Springs aforesaid his only heirs and next of kin and that all of said persons are of full age except said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney who are minors and have no general guardian and thereupon George G Scott Esquire of Milton in said county of Saratoga having consented in writing to serve as special guardian to said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney to take care of their interest in the (???). On file said consent it was ordered by said court that the said George G Scott (??) and (???) them and there was in (???) form of law appointed special guardian to the said minors to take care of their interest in the premises. And thereupon a citation was duly issued by said Surrogate (??????) to the provisions of the act concerning the proof of will to (????) May 16, 1837 directed to the said minor heirs and next of kin and to the said special guardian citing them and each of them to appear before the said surrogate at his office in the village of Ballstown Spa in said county of Saratoga on the 29 day of December 1839 at ten O'clock in the forenoon to attend the proof and probate of said will, and it was also then and there ordered by said Surrogate that a copy of said citation be published in the state paper once in each week for six weeks successively previous to the (????) day.
And afterward to wit at a Surrogate court held at the place for the county and before the Surrogate aforesaid or the 23rd day of December 1839 the said executor again appeared and made application to have said statement (?????) and admitted to probate and returned the citation above mentioned and made satisfactory proof by affidavit of the due and legal service and publication of the service in the manner prescribed by the act (??????) the proof of wills (??) (??????) May 16, 1839 and no person appeared to oppose said application and thereupon on reading and filing said citation and affidavits it appearing satisfactory to said court that due notice of said application has been given in the manner prescribed by law and no objections being made thereto it is hereby ordered that the said executor have leave to proceed to the proof of said will pursuant to his said application And thereupon the said will having been probated & shown to the several attesting witnesses thereto the proof was taken in the words & (?????) following to wit:---
County of Saratoga Surrogates Court
In the matter of proving the last will
and testament of Daniel Crawford deceased Saratoga County
Joshua Blivin of the town of Saratoga Springs in the county of Saratoga being first duly sworn in open court on his oath doth depose and say that he is a subscribing witness to the last will and testament of Daniel Crawford late of the town of Saratoga Springs in the county of Saratoga aforesaid deceased And this (???) further saith that the said deceased did in the presence of this deponent subscribe his name at the end of this interment which is now shown to this deponent and which (???) to be the last will and testament of the said deceased and which bears date on the 3 day of November in the year one thousand eight hundred and thirty eight. That the said deceased did at the time of subscribing his name to said interment as aforesaid declare the same to be his last will and testament that this deponent did thereupon subscribe his (????) name at the end of said interment as are attesting witness to the (?????) thereof at the request of the said deceased and in his presence. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upward of twenty one years of age, that he appeared to be of sound mind and memory, and was not under (?????) to the knowledge or belief of this deponent. That James M Andrews & Joseph M Wheeler the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid and that this deponent and the said James M Andrews and Joseph M Wheeler respectively subscribed their names as witnesses to said instrument in the presence of each other Joshua Blivin Subscribed and sworn this 23rd day of December 1839 before me John W Thompson Surrogate County of Saratoga Surrogate Court
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" The next statements was the same as the last. But is for James M Andrews "
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Ezra Hall of Saratoga Springs in said county being first duly sworn in open court on his oath doth depose and say that he is one of the executors named in a certain instrument dated Nov 3rd 1838 proposing to be the last will and testament of said deceased that said instrument was found in the trunk of said deceased among his valuable papers after his death, that since the same was so found it remained in deponents possession until he delivered it to the Surrogate of said county for probate, no alterations were made in the same while in deponents possession. This deponent has no knowledge information or belief that said deceased made any will (?????) or other testamentary instrument of a later date than the date of the above mentioned instrument Subscribed & Sworn before me Dec 23rd 1839 John W Thompson Surrogate
And thereupon it appearing upon the proof so taken that the said will was duly executed and that the (?????) at this time of (?????) the same was in all respect competent to devise real estate and not under restraint and the said Surrogate having (?????) (?????) to the facts and circumstances and being satisfied of the genuineness & validity of the said instrument and no objection being made there to it is hereby declared and determined that the said instrument is the last will and testament of said deceased relating to both real and personal estate by him published and executed in due form of law, and that the same was duly attested by the witnesses whole named are thereto subscribed in the manner prescribed by law, and it is hereby ordered adjudged and decreed by the said court that the same be admitted to probate as the last will and testament of the said Daniel Crawford deceased relating to both real & personal estate pursuant to the provisions of the act concerning the proof of will he (????) May 16, 1837 and it is further ordered that the said will together with the proofs and examinations be recorded pursuant to the provisions of the said act and the revised statement which said proofs & examinations are herein before recorded and the said will is in the record & (?????) following to wit.
The last will and testament of Daniel Crawford of Saratoga Springs County of Saratoga & State of New York. I Daniel Crawford being of sound mind & memory do make and publish this my last will and testament in manner & form following, that is to say. First I give and devise unto my wife Sarah all my estate both real & personal which I may have at the time of my death & the rests issued and profit thereof for and during the term of her natural life, and from and after decease of my said wife, I do hereby direct my aforesaid property to be disposed of as follows. First I give and bequeath unto my son John B Crawford the sum of one hundred dollars, next I give and bequeath unto my son Jotham Crawford aforesaid one bed and suitable building, next I give and bequeath unto my son-in-law Darius S Davis the sum of five dollars. Then I give and bequeath unto my grandson John B Crawford son of Jotham Crawford the sum of thirty dollars and finally all my estate & effects both real and personal whatsoever and where so ever after the payment of my legacies above given (???) debts & funeral expenses. I give devise and bequeath unto my seven children herein after mentioned to be divided equally among them share and share alike (????) Jotham Crawford, John B Crawford, Tryphena Holden, Betsey P Andrews, Margaret Hawley, Sarah Adams, & Martha Hall and I do hereby appoint Ezra Hall and Samuel Chapman of Saratoga Springs aforesaid executors of this my last will and testament. Also I will and ordain that my said executors after the death of my said wife as aforesaid shall with all convenient speed bargain sell and convey all my said estate & pay the legacies above given & dispose of the surplus among my seven children as aforesaid and in case I should outlive and survive my said wife, then I will and direct my said executors after my decease to sell and convey with all reasonable speed my said estate and apply the proceeds first to the payment of the legacies above given and then to divide the remainder among my seven children as aforesaid In witness whereof I have hereunto set my hand and seal the third day November in the year of our Lord one thousand eight hundred and thirty eight. Daniel Crawford (??)
The above instrument consisting of one sheet was at the date thereof now here subscribed by Daniel Crawford the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting (???????) James M Andrews of Saratoga Springs Joseph M Wheeler of Saratoga Springs Joshua Blivin of Saratoga Springs
I John W Thompson Surrogate of the county of Saratoga do hereby certify that the forgoing is a true of the last will & testament of Daniel Crawford deceased and of the proofs and examinations in relation to execution of the same taken before me on this 23rd day of December 1839
John W Thompson Surrogate
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Will of Crawford, Daniel
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Daniel Crawford born June 14, 1764 Pound ridge, Westchester County, New York died October 23, 1839 buried in the Whitford Cemetery, Saratoga Spa, Saratoga Co., New York Married Sarah "Sally" Bemus March 22, 1789 in Saratoga Co., New York
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Transcribed by Thomas L Dunne descendant. Some of the writing is hard to read, errors in spelling may be found.
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The last will and testament of Daniel Crawford deceased relating to both real and personal estate together with the proofs there of Recorded December 23rd 1839
At a Surrogates court held at the village of Ballstons Spa in and for the county of Saratoga on the 23rd day of December 1839 present John W Thompson Surrogate
Be it remembered that heretofore to wit as a Surrogates Court held at this place for the county and before the Surrogate aforesaid on the 29th day of October 1839 Ezra Hall an executor named in as certain (???) dated the third day of November 1838 (?????) to be the last will and testament of the said Daniel Crawford deceased relating to both real and personal estate, appeared and offered said testament for probate and made satisfactory proof by affidavit which is now on file in said Surrogates office that the said Daniel Crawford died on or about the 23rd day of October 1839, that at the time of his death and for some years previous thereto he was an inhabitant of the town of Saratoga Springs in said county that he left a widow, to wit Sarah Crawford who resides in said townof Saratoga Springs that he left two sons John B Crawford who resides in Waynesboro North Carolina and Jotham Crawford who resides at Saratoga Springs aforesaid & five daughters to wit Tryphena wife of Marvin Holden who resides at Brockport Monroe County NY Betsey P wife of John Andrews (???) who resides at Geneva (???) County Ohio Margaret wife of Samuel C Hawley who resides at Rochester Monroe County. Sarah M wife of Grant Adams who resides in the town of Hanibal Oswego County and Martha B wife of Ezra Hall who resides in Saratoga Springs aforesaid, and the following named grand children to wit: Nancy wife of Darius Austin, Daniel Davis, Jotham Davis, Clarissa R Davis, Cornelia wife of Edward Cause, John Davis, Darius Davis, & Mary Davis all of whom reside in Saratoga Springs aforesaid & one great grand son to wit: William Chesney
who resides at Saratoga Springs aforesaid his only heirs and next of kin and that all of said persons are of full age except said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney who are minors and have no general guardian and thereupon George G Scott Esquire of Milton in said county of Saratoga having consented in writing to serve as special guardian to said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney to take care of their interest in the (???). On file said consent it was ordered by said court that the said George G Scott (??) and (???) them and there was in (???) form of law appointed special guardian to the said minors to take care of their interest in the premises. And thereupon a citation was duly issued by said Surrogate (??????) to the provisions of the act concerning the proof of will to (????) May 16, 1837 directed to the said minor heirs and next of kin and to the said special guardian citing them and each of them to appear before the said surrogate at his office in the village of Ballstown Spa in said county of Saratoga on the 29 day of December 1839 at ten O'clock in the forenoon to attend the proof and probate of said will, and it was also then and there ordered by said Surrogate that a copy of said citation be published in the state paper once in each week for six weeks successively previous to the (????) day.
And afterward to wit at a Surrogate court held at the place for the county and before the Surrogate aforesaid or the 23rd day of December 1839 the said executor again appeared and made application to have said statement (?????) and admitted to probate and returned the citation above mentioned and made satisfactory proof by affidavit of the due and legal service and publication of the service in the manner prescribed by the act (??????) the proof of wills (??) (??????) May 16, 1839 and no person appeared to oppose said application and thereupon on reading and filing said citation and affidavits it appearing satisfactory to said court that due notice of said application has been given in the manner prescribed by law and no objections being made thereto it is hereby ordered that the said executor have leave to proceed to the proof of said will pursuant to his said application And thereupon the said will having been probated & shown to the several attesting witnesses thereto the proof was taken in the words & (?????) following to wit:---
County of Saratoga Surrogates Court
In the matter of proving the last will
and testament of Daniel Crawford deceased Saratoga County
Joshua Blivin of the town of Saratoga Springs in the county of Saratoga being first duly sworn in open court on his oath doth depose and say that he is a subscribing witness to the last will and testament of Daniel Crawford late of the town of Saratoga Springs in the county of Saratoga aforesaid deceased And this (???) further saith that the said deceased did in the presence of this deponent subscribe his name at the end of this interment which is now shown to this deponent and which (???) to be the last will and testament of the said deceased and which bears date on the 3 day of November in the year one thousand eight hundred and thirty eight. That the said deceased did at the time of subscribing his name to said interment as aforesaid declare the same to be his last will and testament that this deponent did thereupon subscribe his (????) name at the end of said interment as are attesting witness to the (?????) thereof at the request of the said deceased and in his presence. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upward of twenty one years of age, that he appeared to be of sound mind and memory, and was not under (?????) to the knowledge or belief of this deponent. That James M Andrews & Joseph M Wheeler the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid and that this deponent and the said James M Andrews and Joseph M Wheeler respectively subscribed their names as witnesses to said instrument in the presence of each other Joshua Blivin Subscribed and sworn this 23rd day of December 1839 before me John W Thompson Surrogate County of Saratoga Surrogate Court
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" The next statements was the same as the last. But is for James M Andrews "
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Ezra Hall of Saratoga Springs in said county being first duly sworn in open court on his oath doth depose and say that he is one of the executors named in a certain instrument dated Nov 3rd 1838 proposing to be the last will and testament of said deceased that said instrument was found in the trunk of said deceased among his valuable papers after his death, that since the same was so found it remained in deponents possession until he delivered it to the Surrogate of said county for probate, no alterations were made in the same while in deponents possession. This deponent has no knowledge information or belief that said deceased made any will (?????) or other testamentary instrument of a later date than the date of the above mentioned instrument Subscribed & Sworn before me Dec 23rd 1839 John W Thompson Surrogate
And thereupon it appearing upon the proof so taken that the said will was duly executed and that the (?????) at this time of (?????) the same was in all respect competent to devise real estate and not under restraint and the said Surrogate having (?????) (?????) to the facts and circumstances and being satisfied of the genuineness & validity of the said instrument and no objection being made there to it is hereby declared and determined that the said instrument is the last will and testament of said deceased relating to both real and personal estate by him published and executed in due form of law, and that the same was duly attested by the witnesses whole named are thereto subscribed in the manner prescribed by law, and it is hereby ordered adjudged and decreed by the said court that the same be admitted to probate as the last will and testament of the said Daniel Crawford deceased relating to both real & personal estate pursuant to the provisions of the act concerning the proof of will he (????) May 16, 1837 and it is further ordered that the said will together with the proofs and examinations be recorded pursuant to the provisions of the said act and the revised statement which said proofs & examinations are herein before recorded and the said will is in the record & (?????) following to wit.
The last will and testament of Daniel Crawford of Saratoga Springs County of Saratoga & State of New York. I Daniel Crawford being of sound mind & memory do make and publish this my last will and testament in manner & form following, that is to say. First I give and devise unto my wife Sarah all my estate both real & personal which I may have at the time of my death & the rests issued and profit thereof for and during the term of her natural life, and from and after decease of my said wife, I do hereby direct my aforesaid property to be disposed of as follows. First I give and bequeath unto my son John B Crawford the sum of one hundred dollars, next I give and bequeath unto my son Jotham Crawford aforesaid one bed and suitable building, next I give and bequeath unto my son-in-law Darius S Davis the sum of five dollars. Then I give and bequeath unto my grandson John B Crawford son of Jotham Crawford the sum of thirty dollars and finally all my estate & effects both real and personal whatsoever and where so ever after the payment of my legacies above given (???) debts & funeral expenses. I give devise and bequeath unto my seven children herein after mentioned to be divided equally among them share and share alike (????) Jotham Crawford, John B Crawford, Tryphena Holden, Betsey P Andrews, Margaret Hawley, Sarah Adams, & Martha Hall and I do hereby appoint Ezra Hall and Samuel Chapman of Saratoga Springs aforesaid executors of this my last will and testament. Also I will and ordain that my said executors after the death of my said wife as aforesaid shall with all convenient speed bargain sell and convey all my said estate & pay the legacies above given & dispose of the surplus among my seven children as aforesaid and in case I should outlive and survive my said wife, then I will and direct my said executors after my decease to sell and convey with all reasonable speed my said estate and apply the proceeds first to the payment of the legacies above given and then to divide the remainder among my seven children as aforesaid In witness whereof I have hereunto set my hand and seal the third day November in the year of our Lord one thousand eight hundred and thirty eight. Daniel Crawford (??)
The above instrument consisting of one sheet was at the date thereof now here subscribed by Daniel Crawford the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting (???????) James M Andrews of Saratoga Springs Joseph M Wheeler of Saratoga Springs Joshua Blivin of Saratoga Springs
I John W Thompson Surrogate of the county of Saratoga do hereby certify that the forgoing is a true of the last will & testament of Daniel Crawford deceased and of the proofs and examinations in relation to execution of the same taken before me on this 23rd day of December 1839
John W Thompson Surrogate
Daniel is the son of Archibald & Mary (Benedict) Crawford. He's the husband of Sarah Bemus, married March 22, 1789. They had 8 children; Mary [Davis], Jotham, John B., Tyrphena [Ostraneler], Betsy P. [Andrews], Margaret [ Hawley], Sarah Maria [Adams], Martha B. [Hall] Crawford. ~ His burial was in October 1839.
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Will of Crawford, Daniel
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Daniel Crawford born June 14, 1764 Pound ridge, Westchester County, New York died October 23, 1839 buried in the Whitford Cemetery, Saratoga Spa, Saratoga Co., New York Married Sarah "Sally" Bemus March 22, 1789 in Saratoga Co., New York
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Transcribed by Thomas L Dunne descendant. Some of the writing is hard to read, errors in spelling may be found.
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The last will and testament of Daniel Crawford deceased relating to both real and personal estate together with the proofs there of Recorded December 23rd 1839
At a Surrogates court held at the village of Ballstons Spa in and for the county of Saratoga on the 23rd day of December 1839 present John W Thompson Surrogate
Be it remembered that heretofore to wit as a Surrogates Court held at this place for the county and before the Surrogate aforesaid on the 29th day of October 1839 Ezra Hall an executor named in as certain (???) dated the third day of November 1838 (?????) to be the last will and testament of the said Daniel Crawford deceased relating to both real and personal estate, appeared and offered said testament for probate and made satisfactory proof by affidavit which is now on file in said Surrogates office that the said Daniel Crawford died on or about the 23rd day of October 1839, that at the time of his death and for some years previous thereto he was an inhabitant of the town of Saratoga Springs in said county that he left a widow, to wit Sarah Crawford who resides in said townof Saratoga Springs that he left two sons John B Crawford who resides in Waynesboro North Carolina and Jotham Crawford who resides at Saratoga Springs aforesaid & five daughters to wit Tryphena wife of Marvin Holden who resides at Brockport Monroe County NY Betsey P wife of John Andrews (???) who resides at Geneva (???) County Ohio Margaret wife of Samuel C Hawley who resides at Rochester Monroe County. Sarah M wife of Grant Adams who resides in the town of Hanibal Oswego County and Martha B wife of Ezra Hall who resides in Saratoga Springs aforesaid, and the following named grand children to wit: Nancy wife of Darius Austin, Daniel Davis, Jotham Davis, Clarissa R Davis, Cornelia wife of Edward Cause, John Davis, Darius Davis, & Mary Davis all of whom reside in Saratoga Springs aforesaid & one great grand son to wit: William Chesney
who resides at Saratoga Springs aforesaid his only heirs and next of kin and that all of said persons are of full age except said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney who are minors and have no general guardian and thereupon George G Scott Esquire of Milton in said county of Saratoga having consented in writing to serve as special guardian to said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney to take care of their interest in the (???). On file said consent it was ordered by said court that the said George G Scott (??) and (???) them and there was in (???) form of law appointed special guardian to the said minors to take care of their interest in the premises. And thereupon a citation was duly issued by said Surrogate (??????) to the provisions of the act concerning the proof of will to (????) May 16, 1837 directed to the said minor heirs and next of kin and to the said special guardian citing them and each of them to appear before the said surrogate at his office in the village of Ballstown Spa in said county of Saratoga on the 29 day of December 1839 at ten O'clock in the forenoon to attend the proof and probate of said will, and it was also then and there ordered by said Surrogate that a copy of said citation be published in the state paper once in each week for six weeks successively previous to the (????) day.
And afterward to wit at a Surrogate court held at the place for the county and before the Surrogate aforesaid or the 23rd day of December 1839 the said executor again appeared and made application to have said statement (?????) and admitted to probate and returned the citation above mentioned and made satisfactory proof by affidavit of the due and legal service and publication of the service in the manner prescribed by the act (??????) the proof of wills (??) (??????) May 16, 1839 and no person appeared to oppose said application and thereupon on reading and filing said citation and affidavits it appearing satisfactory to said court that due notice of said application has been given in the manner prescribed by law and no objections being made thereto it is hereby ordered that the said executor have leave to proceed to the proof of said will pursuant to his said application And thereupon the said will having been probated & shown to the several attesting witnesses thereto the proof was taken in the words & (?????) following to wit:---
County of Saratoga Surrogates Court
In the matter of proving the last will
and testament of Daniel Crawford deceased Saratoga County
Joshua Blivin of the town of Saratoga Springs in the county of Saratoga being first duly sworn in open court on his oath doth depose and say that he is a subscribing witness to the last will and testament of Daniel Crawford late of the town of Saratoga Springs in the county of Saratoga aforesaid deceased And this (???) further saith that the said deceased did in the presence of this deponent subscribe his name at the end of this interment which is now shown to this deponent and which (???) to be the last will and testament of the said deceased and which bears date on the 3 day of November in the year one thousand eight hundred and thirty eight. That the said deceased did at the time of subscribing his name to said interment as aforesaid declare the same to be his last will and testament that this deponent did thereupon subscribe his (????) name at the end of said interment as are attesting witness to the (?????) thereof at the request of the said deceased and in his presence. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upward of twenty one years of age, that he appeared to be of sound mind and memory, and was not under (?????) to the knowledge or belief of this deponent. That James M Andrews & Joseph M Wheeler the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid and that this deponent and the said James M Andrews and Joseph M Wheeler respectively subscribed their names as witnesses to said instrument in the presence of each other Joshua Blivin Subscribed and sworn this 23rd day of December 1839 before me John W Thompson Surrogate County of Saratoga Surrogate Court
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" The next statements was the same as the last. But is for James M Andrews "
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Ezra Hall of Saratoga Springs in said county being first duly sworn in open court on his oath doth depose and say that he is one of the executors named in a certain instrument dated Nov 3rd 1838 proposing to be the last will and testament of said deceased that said instrument was found in the trunk of said deceased among his valuable papers after his death, that since the same was so found it remained in deponents possession until he delivered it to the Surrogate of said county for probate, no alterations were made in the same while in deponents possession. This deponent has no knowledge information or belief that said deceased made any will (?????) or other testamentary instrument of a later date than the date of the above mentioned instrument Subscribed & Sworn before me Dec 23rd 1839 John W Thompson Surrogate
And thereupon it appearing upon the proof so taken that the said will was duly executed and that the (?????) at this time of (?????) the same was in all respect competent to devise real estate and not under restraint and the said Surrogate having (?????) (?????) to the facts and circumstances and being satisfied of the genuineness & validity of the said instrument and no objection being made there to it is hereby declared and determined that the said instrument is the last will and testament of said deceased relating to both real and personal estate by him published and executed in due form of law, and that the same was duly attested by the witnesses whole named are thereto subscribed in the manner prescribed by law, and it is hereby ordered adjudged and decreed by the said court that the same be admitted to probate as the last will and testament of the said Daniel Crawford deceased relating to both real & personal estate pursuant to the provisions of the act concerning the proof of will he (????) May 16, 1837 and it is further ordered that the said will together with the proofs and examinations be recorded pursuant to the provisions of the said act and the revised statement which said proofs & examinations are herein before recorded and the said will is in the record & (?????) following to wit.
The last will and testament of Daniel Crawford of Saratoga Springs County of Saratoga & State of New York. I Daniel Crawford being of sound mind & memory do make and publish this my last will and testament in manner & form following, that is to say. First I give and devise unto my wife Sarah all my estate both real & personal which I may have at the time of my death & the rests issued and profit thereof for and during the term of her natural life, and from and after decease of my said wife, I do hereby direct my aforesaid property to be disposed of as follows. First I give and bequeath unto my son John B Crawford the sum of one hundred dollars, next I give and bequeath unto my son Jotham Crawford aforesaid one bed and suitable building, next I give and bequeath unto my son-in-law Darius S Davis the sum of five dollars. Then I give and bequeath unto my grandson John B Crawford son of Jotham Crawford the sum of thirty dollars and finally all my estate & effects both real and personal whatsoever and where so ever after the payment of my legacies above given (???) debts & funeral expenses. I give devise and bequeath unto my seven children herein after mentioned to be divided equally among them share and share alike (????) Jotham Crawford, John B Crawford, Tryphena Holden, Betsey P Andrews, Margaret Hawley, Sarah Adams, & Martha Hall and I do hereby appoint Ezra Hall and Samuel Chapman of Saratoga Springs aforesaid executors of this my last will and testament. Also I will and ordain that my said executors after the death of my said wife as aforesaid shall with all convenient speed bargain sell and convey all my said estate & pay the legacies above given & dispose of the surplus among my seven children as aforesaid and in case I should outlive and survive my said wife, then I will and direct my said executors after my decease to sell and convey with all reasonable speed my said estate and apply the proceeds first to the payment of the legacies above given and then to divide the remainder among my seven children as aforesaid In witness whereof I have hereunto set my hand and seal the third day November in the year of our Lord one thousand eight hundred and thirty eight. Daniel Crawford (??)
The above instrument consisting of one sheet was at the date thereof now here subscribed by Daniel Crawford the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting (???????) James M Andrews of Saratoga Springs Joseph M Wheeler of Saratoga Springs Joshua Blivin of Saratoga Springs
I John W Thompson Surrogate of the county of Saratoga do hereby certify that the forgoing is a true of the last will & testament of Daniel Crawford deceased and of the proofs and examinations in relation to execution of the same taken before me on this 23rd day of December 1839
John W Thompson Surrogate
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Will of Crawford, Daniel
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Daniel Crawford born June 14, 1764 Pound ridge, Westchester County, New York died October 23, 1839 buried in the Whitford Cemetery, Saratoga Spa, Saratoga Co., New York Married Sarah "Sally" Bemus March 22, 1789 in Saratoga Co., New York
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Transcribed by Thomas L Dunne descendant. Some of the writing is hard to read, errors in spelling may be found.
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The last will and testament of Daniel Crawford deceased relating to both real and personal estate together with the proofs there of Recorded December 23rd 1839
At a Surrogates court held at the village of Ballstons Spa in and for the county of Saratoga on the 23rd day of December 1839 present John W Thompson Surrogate
Be it remembered that heretofore to wit as a Surrogates Court held at this place for the county and before the Surrogate aforesaid on the 29th day of October 1839 Ezra Hall an executor named in as certain (???) dated the third day of November 1838 (?????) to be the last will and testament of the said Daniel Crawford deceased relating to both real and personal estate, appeared and offered said testament for probate and made satisfactory proof by affidavit which is now on file in said Surrogates office that the said Daniel Crawford died on or about the 23rd day of October 1839, that at the time of his death and for some years previous thereto he was an inhabitant of the town of Saratoga Springs in said county that he left a widow, to wit Sarah Crawford who resides in said townof Saratoga Springs that he left two sons John B Crawford who resides in Waynesboro North Carolina and Jotham Crawford who resides at Saratoga Springs aforesaid & five daughters to wit Tryphena wife of Marvin Holden who resides at Brockport Monroe County NY Betsey P wife of John Andrews (???) who resides at Geneva (???) County Ohio Margaret wife of Samuel C Hawley who resides at Rochester Monroe County. Sarah M wife of Grant Adams who resides in the town of Hanibal Oswego County and Martha B wife of Ezra Hall who resides in Saratoga Springs aforesaid, and the following named grand children to wit: Nancy wife of Darius Austin, Daniel Davis, Jotham Davis, Clarissa R Davis, Cornelia wife of Edward Cause, John Davis, Darius Davis, & Mary Davis all of whom reside in Saratoga Springs aforesaid & one great grand son to wit: William Chesney
who resides at Saratoga Springs aforesaid his only heirs and next of kin and that all of said persons are of full age except said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney who are minors and have no general guardian and thereupon George G Scott Esquire of Milton in said county of Saratoga having consented in writing to serve as special guardian to said Clarissa R Davis, John Davis, Darius Davis, Mary Davis, & William Chesney to take care of their interest in the (???). On file said consent it was ordered by said court that the said George G Scott (??) and (???) them and there was in (???) form of law appointed special guardian to the said minors to take care of their interest in the premises. And thereupon a citation was duly issued by said Surrogate (??????) to the provisions of the act concerning the proof of will to (????) May 16, 1837 directed to the said minor heirs and next of kin and to the said special guardian citing them and each of them to appear before the said surrogate at his office in the village of Ballstown Spa in said county of Saratoga on the 29 day of December 1839 at ten O'clock in the forenoon to attend the proof and probate of said will, and it was also then and there ordered by said Surrogate that a copy of said citation be published in the state paper once in each week for six weeks successively previous to the (????) day.
And afterward to wit at a Surrogate court held at the place for the county and before the Surrogate aforesaid or the 23rd day of December 1839 the said executor again appeared and made application to have said statement (?????) and admitted to probate and returned the citation above mentioned and made satisfactory proof by affidavit of the due and legal service and publication of the service in the manner prescribed by the act (??????) the proof of wills (??) (??????) May 16, 1839 and no person appeared to oppose said application and thereupon on reading and filing said citation and affidavits it appearing satisfactory to said court that due notice of said application has been given in the manner prescribed by law and no objections being made thereto it is hereby ordered that the said executor have leave to proceed to the proof of said will pursuant to his said application And thereupon the said will having been probated & shown to the several attesting witnesses thereto the proof was taken in the words & (?????) following to wit:---
County of Saratoga Surrogates Court
In the matter of proving the last will
and testament of Daniel Crawford deceased Saratoga County
Joshua Blivin of the town of Saratoga Springs in the county of Saratoga being first duly sworn in open court on his oath doth depose and say that he is a subscribing witness to the last will and testament of Daniel Crawford late of the town of Saratoga Springs in the county of Saratoga aforesaid deceased And this (???) further saith that the said deceased did in the presence of this deponent subscribe his name at the end of this interment which is now shown to this deponent and which (???) to be the last will and testament of the said deceased and which bears date on the 3 day of November in the year one thousand eight hundred and thirty eight. That the said deceased did at the time of subscribing his name to said interment as aforesaid declare the same to be his last will and testament that this deponent did thereupon subscribe his (????) name at the end of said interment as are attesting witness to the (?????) thereof at the request of the said deceased and in his presence. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upward of twenty one years of age, that he appeared to be of sound mind and memory, and was not under (?????) to the knowledge or belief of this deponent. That James M Andrews & Joseph M Wheeler the other subscribing witnesses to said instrument subscribed their names at the end of the same at the request of the said deceased and in his presence at the same time this deponent subscribed his name as aforesaid and that this deponent and the said James M Andrews and Joseph M Wheeler respectively subscribed their names as witnesses to said instrument in the presence of each other Joshua Blivin Subscribed and sworn this 23rd day of December 1839 before me John W Thompson Surrogate County of Saratoga Surrogate Court
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" The next statements was the same as the last. But is for James M Andrews "
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Ezra Hall of Saratoga Springs in said county being first duly sworn in open court on his oath doth depose and say that he is one of the executors named in a certain instrument dated Nov 3rd 1838 proposing to be the last will and testament of said deceased that said instrument was found in the trunk of said deceased among his valuable papers after his death, that since the same was so found it remained in deponents possession until he delivered it to the Surrogate of said county for probate, no alterations were made in the same while in deponents possession. This deponent has no knowledge information or belief that said deceased made any will (?????) or other testamentary instrument of a later date than the date of the above mentioned instrument Subscribed & Sworn before me Dec 23rd 1839 John W Thompson Surrogate
And thereupon it appearing upon the proof so taken that the said will was duly executed and that the (?????) at this time of (?????) the same was in all respect competent to devise real estate and not under restraint and the said Surrogate having (?????) (?????) to the facts and circumstances and being satisfied of the genuineness & validity of the said instrument and no objection being made there to it is hereby declared and determined that the said instrument is the last will and testament of said deceased relating to both real and personal estate by him published and executed in due form of law, and that the same was duly attested by the witnesses whole named are thereto subscribed in the manner prescribed by law, and it is hereby ordered adjudged and decreed by the said court that the same be admitted to probate as the last will and testament of the said Daniel Crawford deceased relating to both real & personal estate pursuant to the provisions of the act concerning the proof of will he (????) May 16, 1837 and it is further ordered that the said will together with the proofs and examinations be recorded pursuant to the provisions of the said act and the revised statement which said proofs & examinations are herein before recorded and the said will is in the record & (?????) following to wit.
The last will and testament of Daniel Crawford of Saratoga Springs County of Saratoga & State of New York. I Daniel Crawford being of sound mind & memory do make and publish this my last will and testament in manner & form following, that is to say. First I give and devise unto my wife Sarah all my estate both real & personal which I may have at the time of my death & the rests issued and profit thereof for and during the term of her natural life, and from and after decease of my said wife, I do hereby direct my aforesaid property to be disposed of as follows. First I give and bequeath unto my son John B Crawford the sum of one hundred dollars, next I give and bequeath unto my son Jotham Crawford aforesaid one bed and suitable building, next I give and bequeath unto my son-in-law Darius S Davis the sum of five dollars. Then I give and bequeath unto my grandson John B Crawford son of Jotham Crawford the sum of thirty dollars and finally all my estate & effects both real and personal whatsoever and where so ever after the payment of my legacies above given (???) debts & funeral expenses. I give devise and bequeath unto my seven children herein after mentioned to be divided equally among them share and share alike (????) Jotham Crawford, John B Crawford, Tryphena Holden, Betsey P Andrews, Margaret Hawley, Sarah Adams, & Martha Hall and I do hereby appoint Ezra Hall and Samuel Chapman of Saratoga Springs aforesaid executors of this my last will and testament. Also I will and ordain that my said executors after the death of my said wife as aforesaid shall with all convenient speed bargain sell and convey all my said estate & pay the legacies above given & dispose of the surplus among my seven children as aforesaid and in case I should outlive and survive my said wife, then I will and direct my said executors after my decease to sell and convey with all reasonable speed my said estate and apply the proceeds first to the payment of the legacies above given and then to divide the remainder among my seven children as aforesaid In witness whereof I have hereunto set my hand and seal the third day November in the year of our Lord one thousand eight hundred and thirty eight. Daniel Crawford (??)
The above instrument consisting of one sheet was at the date thereof now here subscribed by Daniel Crawford the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting (???????) James M Andrews of Saratoga Springs Joseph M Wheeler of Saratoga Springs Joshua Blivin of Saratoga Springs
I John W Thompson Surrogate of the county of Saratoga do hereby certify that the forgoing is a true of the last will & testament of Daniel Crawford deceased and of the proofs and examinations in relation to execution of the same taken before me on this 23rd day of December 1839
John W Thompson Surrogate
Bio by: Kathryn Gebczyk
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