MVB, Surrogate, 7 August 1809-8 November 1809
MVB, Surrogate, 7 August 1809-8 November 1809
State of New York
County of Columbia
At a Court of Probates held in & for the County of Columbia at the City of Hudson the 13th day of September 1809.
Present Martin Van Buren Surrogate
Be it remembered that on the day and year first above written John Herman Administrator of all & singular the goods chattles and credits of Ahimaaz Herman of the Town of Canaan in the County of Columbia presenting his Petition to the said Court in the Words & figures following.
To the honourable Martin Van Buren Esquire surrogate of the County of Columbia.
The petition of John Herman of the Town of Hillsdale & County of Columbia respectfully represents: That Letters of Administration of all & singular the goods chattles and credits of Ahimaaz Harman late of said County have by your honor in due form of Law been granted to your petitioner the said Ahimaaz having died intestate.
Your petitioner took upon himself the Administration of said Estate, but has never been able to possess himself of any of the personal property of the deceased. Your Petitioner knows that the said Ahimaaz left at his <domain> in this County personal property which he verily believes his Widow and one Grove B Powel with whom the intermarried converted to their use & that they have absconded with such articles as had not been discharged or disposed of by them, those articles if they could be obtained by your Petitioner would consist of a few articles of household furniture & the wardrobe of the said Widow, wholly inadequate to the payments of the Debts of the deceased.
And your peittioner expressly states that the deceased left no other personal Estate of any Kind, and that there are no Debts due to the deceased. Your petitioner further states that the said Ahimaaz Harman was at the time of his death indebted to your petitioner and to other persons to your petitioners knowledge in a large sum of Money towit more than four hundred dollars, and that he died seized of a real Estate or small tract of Land situate in the Town of Canaan aforesaid and of no other Real Estate to your Petitioners knowledge.
Your petitioner prays your honor to order the sale of the real Estate, for or towards the payment & satisfaction of the Debts of the said Ahimaaz Harman according to the provisions of the Act in such case made & provided.
And your Petitioner as in duty bound shall ever pray &c
Aug 7 1809 | Signed John Harman |
Which said Petition being read and considered and the said John Harman having delivered to the said Surrogate, a just and true account of the Debts of the said deceased as set forth in the said Petition and account therewith rendered and it appearing thereby that there was no personal Estate ^in the hands of the said Administrator^ out of which to pay the Debts of the said deceased as is also set forth in the said petition. The said Surrogate did make an order in the words & figures following towit,
At a Court held in the Surrogates office in the City of Hudson in the County of Columbia on the thirteenth day of September 1809.
Present Martin Van Buren, Surrogate of the County of Columbia.
Whereas John Harman Administrator of all and singular the goods chattles & credits which were of Ahimaaz Harman late of the Town of Canaan in the County of aforesaid <deceased>, by his petition presented to the said Surrogate hath set forth that the said Ahimaaz Harman was at the time of his death seized of real Estate in the County of Columbia that the said petitioner has made a just and true Inventory of the personal Estate and Debts of the said Intestate as far he has been able to discover the same by which it appears that the personal Estate of the said Ahimaaz is insufficient to pay his Debts: And therefore requested the aid of this Court in the premises pursuant to the Statue in such case made and provided. And whereas the said Petitioner has filed in the office of the said Surrogate the account and Estimate in the said Petition mentioned in due season and under his oath duly attested. Whereupon it is ordered by the said Surrogate that all persons interested in the estate of the said Ahimaaz the deceased do appear before the said Surrogate at his office in the City of Hudson in the County of Columbia, aforesaid on Wednesday the twenty fifth day of October next, at ten oClock in the forenoon of that day to shew cause, if any they may have, why the whole ^or so much^ of the real Estate ^where^ of the said Ahimaaz was seized at the time of his death should not be sold as will be sufficient to pay his Debts
Dated Hudson Sept 13th. 1809
Martin Van Buren Surrogate
At a Court of Probates held in the Surrogates office in the City of Hudson in & for the County of Columbia on the 25th. day of October 1809.
Present Martin Van Buren Surrogate
Be it remembered that on the said twenty fifth day of October at the City of Hudson is satisfactorily appeared that the said John Harman was not prepared to enter into the Investigation of the parts stated in his Petition aforesaid. It was ordered by the said Surrogate that the further consideration of the premises be postponed to the Eighth day of November next at the same place.
M.V.Buren
At a Court of Probates held in the Surrogates office in the City of Hudson in & for the County of Columbia on the 8th. day of November 1809
Present Martin Van Buren Surrogate
Be it remembered that on the day and year and at the place, aforesaid John Harman Administrator as aforesaid appeared before the said Surrogate <presented> due proof that he had caused the order made by the said Surrogate for his relief on the thirteenth day of September last to be immediately thereafter published for four weeks successively in two of the public Newspapers printed in this State one of which was published in this county wherein administration of the said goods chattels and credits of the said Ahimaaz Harman was granted to the said John Harman. And therefore prayed that an order for the sale of ^the^ whole or so much of the said real Estate of the said Ahimaaz Harman deceased as should be sufficient to pay his ^Debts^ should be made.
On which said eighth day of November in the year aforesaid it having appeared to the said court that Ahimaaz Harman heir at law of the said Ahimaaz Harman deceased was an Infant under the age of twenty one years. It is therefore ordered that Jesse Goodrich a discreet and substantial freeholder of the Town of Hillsdale in the County aforesaid be thereby is appointed Guardian for the said Infant, for the sole purpose of appearing for and taking care of the Interest of the said Infant & in the proceeding to be had in the sale of the real Estate whereof the said Ahimaaz Harman died seized for the payment of his Debts, and his appointment under the hand and seal of the said Surrogate was then and there delivered to him he having agreed to accept of the said appointment and consented to become Guardian for the said Infant for the purpose aforesaid.
M.V.Buren.
At a Court of Probates held in the Surrogates office in the City of Hudson in & for the County of Columbia on the Eighth day of November 1809.
Present Martin Van Buren Surrogate.
Be it remembered that on the eighth day of November aforesaid John Harman Administrator of all and singular the goods chattles and credits of Ahimaaz Harman deceased and Jesse Goodrich Guardian for Ahimaaz Harman Infant heir of the said Ahimaaz Harman deceased appeared before me the said Surrogate and all and singular the premises being taken into consideration, And the said Surrogate having heard the proofs and allegations of the said John Harman Administrator as aforesaid as well as of the said Jesse Goodrich Guardian, and the said Surrogate having upon due examination found that the personal Estate of the said Ahimaaz Harman is not sufficient to pay his Debts and that the said John Administrator aforesaid has applied All the personal Estate which has come to his hands towards the payment of the Debts of the said Intestate did make the following order in the premises.
At a Court of held in & for the | |
LS | county of Columbia at the City |
of Hudson, the |
|
1809. |
Present Martin Van Buren Surrogate
Whereas John Harman administrator of all and singular the goods chattles and credits which were of Ahimaaz Harman deceased, in and by his Petition presented to the said Surrogate of the County of Columbia presented. Dated on the seventh day of August in the year of our Lord, one thousand eight hundred and nine, did represent that the said John was in due form of Law appointed Administrator of all and singular the goods chattles & credits which were of the said Ahimaaz Harman deceased, And has taken the oath in such case by Law appointed. That the said Ahimaaz at the time of his death was seized of real Estate in this state and that he has made a just and true account of the personal Estate of the said Ahimaaz as far as he has been able to discover the same. Whereby it appeared that the personal Estate of the said Ahimaaz was insufficient to pay his Debts and thereupon prayed the Surrogate to make an order that all persons interested in the said Estate of the said Ahimaaz should appear before the said Surrogate at such day and at such place as the said Surrogate should appoint to shew cause if any they should have why so much of the real Estate of the said Ahimaaz should not be sold as would be sufficient to pay his Debts according to the Statute in such case made and provided. And did at the time of presenting the said petition deliver to the said Surrogate the said account in the said petition mentioned And whereas an order was on the thirteenth day of September in the year aforesaid made by the said Surrogate that all persons interested in the Estate of the said Ahimaaz Harman deceased should appear before the said Surrogate at his office in the City of Hudson on the twenty fifth day of October at ten oClock in the forenoon of that day to shew cause if any they have why so much of the real Estate whereof the said Ahimaaz died seized should not be sold as would be sufficient to pay his Debts. And whereas the said John has caused the order aforesaid immediately therafter to be published for four Weeks successively in two public Newspapers printed in this State one of which is published in the County of Columbia wherein Administration of all and singular the goods chattles and credits of the said Ahimaaz Harman has been granted to the said John Harman. And whereas it having appeared to the said Surrogate that Ahimaaz Harman Heir at Law of the said Ahimaaz Harman deceased was an Infant under the age of twenty one years Jesse Goodrich a discreet person and freeholder in the said County was in pursuance of the statute in such case made and provided appointed Guardian for the said Infant of which said appointment the said Jesse Goodrich did accept. And the said Surrogate did therefore order the said Administrator and the persons interested to appear before him on the twenty fifth day of October at Ten oClock in the forenoon of that day. And whereas on the said twenty fifth day of October in the year of our Lord one thousand eight hundred and nine the said Administrator and the said Jesse Goodrich Guardian for the said Infant did appear before the said Surrogate, and the premises were taken into Consideration. And having heard the proofs and allegations of the said Administrator and Guardian and it having been found by the said Surrogate that the personal Estate of the said Ahimaaz Harman deceased was insufficient to pay his Debts and that the sale of the whole of the real Estate whereof the said Ahimaaz died seized was necessary for that purpose. It is thereupon ordered that the said John Administrator as aforesaid have ^leave^ & he is hereby authorized and empowered to sell and dispose of the whole of the real Estate whereof the said Ahimaaz Harman died seized and upon such sale to make and execute such conveyance to the purchaser or purchasers as shall be necessary, for transferring & confirming to him or her all the Estate right Tittle and Interest of the said Ahimaaz Harmman deceased of in and to the same pursuant to an Act entitled 'An Act relative to the Court of Probates the office of Surrogate and the granting of Administration passed the 27th. day of March in the year of our Lord one thousand Eight hundred and one the said Administrator having in all things complied with the said Act.
In Witness whereof the said Surrogate has to these presents affixed the seal of his said office and signed the same with his own proper hand this twenty fifth day of October one thousand eight hundred and nine.
MVBuren