Orange Surrogate Court
At a Surrogate's Court, held at the Surrogate Office in Goshen
in and for the County of Orange on the twenty fourth day of
January One Thousand Eight hundred and forty eight
Present, Benjamin F. Duryea, Surrogate
In the matter of proving the
last will and testament
of
Peter D. Demerst, deceased
On reading and filing the petition and application of William H. Demerest, one of the executors named in the last will and testament of the said Peter D. Demerest, late of the town of Warwick in the County of Orange, deceased, for the proof of said will as will of personal Estate, and it appearing from said petition and application that Charles Demerest and Thomas E. Demerest, two of the next of kin of the said deceased, are minors having no general guardian; and on reading and filing the Consent of Albert S. Burton of the town of Goshen in said County to be appointed and to serve as the Special Guardian for the said minors for the sole purpose of taking care of the interests of the said minors in the proceedings to be had in proving the said last will and Testament of said deceased as a will of personal Estate, It is ordered that the said Albert S. Benton be and he is hereby appointed the Special guardian for the said minors to take care of their interests in this matter; and it is further ordered that a citation issue to the proper persons pursuant to the prayer of the said petition and the provisions of the statute in such case made and provided requiring them to appear in this Court on the fourth day of Februrary next, as the Surrogate's office in Goshen in said County at two o'clock in the forenoon of that day to attend the probate of said will; Whereupon the following citation is issued to wit.
The People of the State of New York, To Mary Demerest, Philetus W. Demerest & John G. Demerest of the town of Warwick in the County of Orange and State of New York, Lorenzo Demerest of the town of Chester in said County and Albert S. Burton of Goshen in said County, special guardian of Charles Demerest and Thomas E. Demerst, infants under twenty one years of age, the next of kin of Peter D. Demerest, late of the town of Warwick in the County of Orange, deceased, Greeting: You are hereby cited to be and appear before the Surrogate of the County of Orange, as his office in Goshen in said County on the fourth day of February next at two o'clock in the forenoon of that day, to attend the probate of a certain instrument in writing, purporting to be the last will and Testament of said deceased, bearing date the ninth day of April in the year of Our Lord one thousand eight hundred and forty six on the application of William H. Demerest claimnig to be one of the executors thereof; Which said will relates to personal estate.
In testimony whereof we have caused the seal of Office of our said Surrogate of the County of Orange to be hereunto affixed. Witness Benjamin F. Duryea, Surrogate of the said County at Goshen in said County the twenty fourth day of January in the year one thousand eight hundred and forty eight.
B. F. Duryea Surrogate
Orange Surrogate Court
At a Surrogate's Court, held at the Surrogate Office
in Goshen in and for the County of Orange on the
fourth day of February, one thousand eight hundred
and forty eight
Present, Benjamin F. Duryea, Surrogate
The Executors, John G. Demerest and William H. Demerest named in the last will and Testament of Peter D. Demerest, late of the town of Warwick in Orange County deceased appeared this day and prayed that the said will be admitted to probate and exhibited the following proof, to wit.
Orange County: William H. Demerest of the town of Warwick in said County, being duly sworn, says that the did on the twenty fourth day of January last past serve the written citation on Albert S. Benton the Special Guardian named therein by delivering to him personally a copy thereof and at the same time showing him the written original under seal and that he did on the twenty fifth day of January last serve said citation on Mary Demerest, Philetus W. Demerest, John G. Demerest and Lorenzo Demerest named therein by delivering to each of them personally a copy thereof and at the same time showing to each of the said original under seal.
Sworn this 4th day of
February 1848, before me
B. F. Duryea Surrogate
Orange Surrogate Court
In the matter of proving the last will and Testament of Peter
D. Demerest, deceased
State of New York
Orange County
Grant Mabee, John E. Conklin, William H. Demerest and Mary Demerest, of the town of Warwick in said County, being by the Surrogate of the County of Orange, duly sworn and examined, depose and say, and each for himself and herself says, that he & she was well acquainted with Peter D. Demerest, late of the town of Warwick in said County, deceased; And the deponents, Grant Mabee and John E. Conklin, further say and each for himself says, that he was present as a witness, and did see the said Peter D. Demerest, deceased, subscribe at the end thereof, the instrument now produced and shown to the deponent, purporting to be the last will and testament of the said Peter D. Demerest deceased, bearing date the ninth day of April in the year one thousand eight hundred and forty six: That such Subscription was made by the said Testator in the presence of these deponents, Grant Mabee and John E. Cocklin subscribing witnesses to said will; that the said Testator at the same time declared the instrument so subscribed by him to be his last will and Testament; whereupon these deponents, Grant Mabee and John E. Conklin signed their names at the end of the will at the request of the said Testator; And that the said Testator at the time of Executing and publishing the said last will and Testament was of full age, sound mind and memory, and not under any restraint. And the said William H. Demerest for himself further says, that after the death of the said Peter D. Demerest he found the said instrument in writing now produced and shown to him, bearing date as aforesaid, in adesk where the said deceased usually kept his papers; that he took the same in his possession and after reading it returned it, to the place where he found it and locked the desk and gave the key to the said Mary Demerst; that the afterwards obtained the possession of the key from said Mary Demerest and again took possession of the said will and kept the same in his possession until the twenty fourth day of January last past when he deposited the same with the Surrogate of Orange County for probate. And this deponent further says that during the timesd the said will was in possesion of this deponent as aforesaid the same was in no respect altered or changed, and that the same is now unchanged and unaltered in all respects; but is the same as when in the possession of this deponent. And the said Mary Demerst for herself further says that the said William H. Demerst did in her presence put the said will in the desk where the said deceased usually kept his papers and locked the same and gave the key to this deponent as he has above stated, and that the said key remained in the possession of this deponent until it was obtained from her by the said William H. Demreest as he has above stated when he obtained the will for the purpose of taking it to the Surrogate of Orange County for Probate; that during the time said key was in possession of this deponent as aforesaid said desk was not opened to the knowledge of this deponent.
Sworn & Examined before me
this 4th day of February 1848
B. F. Duryea, Surrogate
Grant Mabee
John E. Conklin
Wm H. Demerest
Mary Demerest
- 1848
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