\osborne\contrib\carlosburn\dtchwill.txt Updated: 7/4/2006
Will and Probate of Samuel Osband
(Contributed by Carl Osburn)
April 23rd 1812
I Samuel Osband of the town of Pawlings and County of Dutchess and
State of New York considering the uncertainty of this mortal life and being
of sound mind and memory do make and publish this my last Will and Testament
in manner and form following that is to say, first I give and bequeath unto
my beloved wife Abigail Osband and all my whole? sole property, both real
and personal to my dear and beloved wife Abigail Osband, whom I here by
appoint sole Executor 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 the twenty third day of April in the year of our Lord one thousand eight
hundred and twelve.
Samuel Osband S.S.
Published and declared, signed and sealed by the above named? Abigail Osband
to be the last will and testament in the presence of us who have hereunto
subscribed our names as Witnesses in the presence of the Testator-Peter
Adams, William Duncan, John Osborn 2nd, Polly Converse-
Dutchess County
Be it remembered that on the sixteenth day of April, one thousand eight
hundred and thirteen, personally appeared before me Philo Ruggles Surrogate
of the said county Peter Adams and Polly Converse who on oath declared that
they did see Samuel Osband sign and seal the annexed written document
purporting to be the will of the said Samuel Osband bearing date the twenty
third of April one thousand eight hundred and twelve and heard him publish
and declare the same as and for his last Will and Testament, That at the time
thereof he the said Samuel Osband was of sound disposing mind and memory to
the best of the knowledge and belief of them the said Peter and Polly. And
that they and William Duncan and John Osborn 2nd severally subscribed the
will as witnesses thereto in the Testators presence
Philo Ruggles Surrogate
The People of the State of New York by the Grace of God, Free and
Independent:
To all to whom there presents shall come or may concern
Send greeting
Know ye that at Poughkeepsie in Dutchess county on the sixteenth day of April
in the year of our Lord one thousand eight hundred and thirteen before Philo
Ruggles Esquire Surrogate of our said County the last Will and Testament of
Samuel Osband deceased (a copy whereof is herein to annexed) was proved and
is now approved and allowed of by us and the said deceased having whilst he
lived and at the time of his death, goods chattels or credits within the
state by means whereof the knowing or registering, the said will
The rest is missing
Transcribed from SAMPUBCO copy by Carl Osburn
Pawling, Dutchess County, NY Will Book D page 221-3
Notes: I can't find a Samuel Osband in the 1810 Census in Pawlings. The
closest match seems to be Samuel Corban. Peter Adams and John Osborn
(witnesses) are on the same page of 1810 Pawlings Census, as are several
Corban's
Will and Probate of Paul Osborn
(Contributed by Carl Osburn)
The People of the State of New York by the Grace of God Free and Independent
to all to whom the presents shall come or may concern send Greetings. Know
Ye that at Dutchess county on the twenty-ninth day of August last before
Gilbert Livingston Esquire thereunto by us delegated and appointed the last
Will and testament of Paul Osborn deceased (a copy whereof is hereunto
annexed) was proved and is now approved and allowed of by us and the said
deceased having whilst he lived and at the time of his death goods chattels
or credits within the State by means whereof the proving and registering the
said will and the granting administration of all and singular the said goods
chattels and credits and also the auditing allowing and final discharging.
The account thereof doth belong unto us the administration of all and
singular the goods chattels and credits of the said deceased and any way
concerning his will is granted unto John Hoag 2nd Jun and Abner Hoag two of
the executors in the said will - they being first duly sworn well and
faithfully to administer the same and to make and exhibit a true and perfect
inventory of all and singular the said goods chattels and credits and also to
render a just and true account thereof when thereunto required.
In Testamony whereof we have caused the seal of our Court of
Probate to be hereunto affixed.
Witness Thomas Tredwell Esquire Judge of the said Court at Amenia
in the county of Dutchess the thirteenth day of September one thousand seven
hundred and eighty one.
Dutchess county the 3d day of the 11 month 1775 I Paul Osborn of the county
of Dutchess and Province of New York yeoman calling to mind the mortality of
my body and being in perfect mind and memory do make and ordain this my last
will and testament that is to say first and principally I give and recommend
my soul into the hands of God that gave it and my body to the earth to be
decently buried by my friends at the discretion of my Executor hereafter
named and as to such things it hath pleased God to bless me with in this life
I do order and dispose of in manner and form following viz. First I order
that all my just debts I do in right owe to all persons be well and truly
paid by my loveing (sic) Cousin Isaac Osborn of whome (sic) further is to be
said hereafter which payment of my said debts shall be done in a reasonable
time after my decease in which debts funeral charges are to be included
Imprimis I give unto the Legatee or possessor of my Estate in common the
following priviledge (sic) for to be held and enjoyed by him and his heirs
and assigns forever that is to say I do order a straight (sic) line be run
from the norwest (sic) corner of my dwelling house unto the southwest corner
of my corn crib thence east 11 degrees south until it comes to the heighway
(sic) thence southerly by said highway as far as a W 11 D N line will leave a
vacance of thirty feet wide to the south of sd house thence runing (sic) the
last point of Compass so far as that a No 11 D E line will strike the
southwest corners of the old part of sd house thence sd point to sd corner
thence by sd house easterly northerly and westerly to the place of beginning.
To have and to hold the same in common for a priviledge for the use of
passing and repassing which shall not be fenced not any way improved by any
party or parties of them to the damiage (sic) or detriment of either one of
more of the party of parties but shall be enjoyed by each one for the
necessaries about the house in common forever. Item Item (sic) I give and
bequeath unto my well beloved wife Elizabeth all my wearing apparel and the
one half of all my indoors household movabels (sic) estate exept (sic) bonds
and notes for money which sd half of my goods given to my wife is to her and
her heirs and assigns forever and the other half of my household goods I give
the use of to my said wife dureing (sic) her nateral (sic) life also I give
unto my wife the use and improvement of two small tracts of land dureing
(sic) her natrel (sic) life which tracts are described as followeth (sic) viz
the first beginning at the southwest corner of the old part of my house
runing (sic) west 11 D No forty feet from thence S 11 D W eight poles from
thence E 11 S S six poles to the highway from thence northerly by sd highway
until it comes to the land given as above sd about my house thence westerly
bounding by said land to the place of beginning containing one fourth part of
an acre of land. The second tract beginning at the middle of my corn crib on
the south side thereof thence runing (sic) northerly through the middle of sd
crib & through my orchard leaveing (sic) three rows of Apple trees to the
east until it comes to the north end of the orchard thence easterly to the
highway- thence southerly by sd highway until it comes to the land before in
this will given for a common priviledge (sic) about my house thence westerly
by said land to the place of beginning. To have and to hold together unto
the same or in any wise appertaining during her natral (sic) life. Also I
give and order that my wife shall have possess and enjoy the east end of -my
house containing of the great room and the bed room at the northeast corner
of the house together with the chambers over sd Rooms with entryway and stair
way to pass and repass up and down stairs and in & out doors and into the
south west room on the of the old part of the house where she shall have the
priviledge (sic) to wash and bake and also she shall have the priviledge of
the in and out doors passage into the celler in which she shall have room
enough for her use and conveining during (sic) her life. I also give unto
her my sd wife the use or intrest (sic) of one hundred pounds lawfull (sic)
money of the Province of New York to be paid to her by the sd Isaac Osborn
which intrest (sic) is to be paid yearly and every year during her natural
life. Furthermore as it hath pleased divine Providence to deprive my sd wife
of her eye sight and also lay her under some other difficulties by which she
is rendered incapable to live or to be alone of destitute of good and ?coind
company therefore for the better accomadating (sic) of her in a way the most
agreeable to my mind that is in my power to do. I make choice of my esteemed
friend Mary Reynolds haveing (sic) had some knowledge of her good conduct in
my family to live with and to take the necessary care of my sd wife during
(sic) her line and in consideration of her so doing according to the true
interest of this my will. I do order the sd Mary Reynolds a liveing (sic)
with my wife out of my estate for which the following provision is hereby
made. Imprimis I do order the sd Isaac Osborn to pay unto my sd wife yearly
and every year during (sic) her life the aforesd intrest (sic) of one hundred
pounds of money and also ?? as followeth twelve bushels of good merchantable
wheat twenty five Bushels of Indian corn five bushels of Rie? ten bushels of
oats twenty weight of sheeps (sic) wooll (sic) thirty weight of flax six ? of
cotton wool six gallons of molasses twenty weight of sugar six weight of
coffee two weight of chocolate six bushels of turnips six bushels of Potates
(sic) all of the above sorts of ?? to be good and merchantable also a
sufficiency of firewood provided at all times of the year or years and to be
cut fit for the fire likewise to draw the same and to make the fiers (sic)
when necessary, and all her corn and grain to and brought too and from the
grist mill when ground to her free from charge all to be punctually performed
from year to year dureing (sic) her life and the said Isaac Osborn shall find
and provid (sic) soon after my decease a good new milks cow for my sd wife and
shall keep sd Cow well in the winter season at the barn with good hay and the
sd Cow shall be changed twice in the year viz He the said Isaac Osborn shall
provide one new milk cow in the spring and in the fall of the year and in the
summer season he shall keep her well with grass handy for conveniency of
milking which priviledge shall be preformed and kept for my wife during her
life and my sd wife shall have the priviledge of keeping poultry to run about
the house and in and out of the barn unto which my sd wife shall have free
priviledge to go too and in and out of sd barn by her self or order at
pleasure. Furthermore my mind and will is that the gifts that I here in this
will give to my wife be considered and is to be in lue (sic) of her right of
dower and power of thirds of and in and unto my estate, Item I give and
bequeath unto Mary Reynold aforesd after the decease of my wife one cow. Also
the sum of one hundred pounds lawful money of the province of New York to be
paid unto her by my cousin Isaac Osborn. Also the remainder half of my
household goods obligations for money excepted which goods I have herein
before ordered my wife the use of dureing (sic) her life which to be unto her
the said Mary her heirs and assigns forever in case of her the sd Mary
fulfilling this my will according to the judgment of my executors. Also I
give the use of the two tracts of land and all the priviledges of the house
and all parts therein in all shapes and kinds as is provided and given to my
wife during her life with a cow kept in the same form and conditions as in
mentioned to be done for my wife with fire wood cut fit for the fire enough
for her use and to draw it to the house also six bushels of good wheat twelve
and 1/2 bushels of Indian corn 2 bushels and 1/2 of Rie five bushels of oats ten
weight of sheeps wool fifteen weight of flax three weight of cotton wool
three gallons of molasses ten weight of sugar three weight of coffee one
weight of chocolat three bushels of turnips three bushels of Potatoes all the
above mentioned sorts of Speshuco? to be merchantable and all to be paid
yearly and the several services to be yearly preformed during her natural
life of abode on the premises. But in case she should incline or do leave
the place and live elsewhere then the use of the house lands cow wool wheat
corn wood sugar cotton wool Rie flax turneps potatoes molasses coffee and
chocolat seeas (sic) to her and return and center to Isaac Osborn who on her
fullfiling my will and abideing (sic) on the premises is truly to find and
procure them the sd articuls (sic) as aforesd during (sic) her life. But on
failior (sic) of the sd Mary Reynolds doing and takeing (sic) the necessary
and tender care of my sd wife during (sic) her life according to the true
intent of this my last will and I do order my executors to find and provide a
proper or sutable (sic) person to do the same kind of offices and take care
of my wife as is exprest (sic) to be done by the said Mary Reynolds then the
same to to (sic) be unto that person that so shall in that part or service
punctually fulfill my will as was ordered and demised or intended to be given
to the sd Mary Reynolds in mannar (sic) and form as is expressed shall be
given . But if in case the sd Mary Reynolds or any other that my executors
shall provide shall after a time of takeing (sic) the necessary care of my
wife as expressed in this will be deprived by or through divine Providence by
sickness lameness or death by which they cannot accomplish fully the trust
reposed as abovesaid & c? she shall be considered and delt (sic) by in an
equitable manner according to what she or they have done and according to the
provision herein before made as my executors shall think to be just. Item in
consideration of the several services and moneys ordered to be paid and the
consideration hereafter in this will to be kept and truly performed by the sd
Isaac Osborn I give and bequeath unto the sd Isaac Osborn my farm on the which
I now dwell which is on lot No 29 thirty one on the oblong and also my little
meadow of lot No 29 which lands are bounded as following viz beginning at the
southeast corner of my my (sic) sd farm I live on thence running northerly on
the heigh (sic) way until it comes to the land I have ordered to be used and
occupied by my wife thence bounding thereby until it comes to the lands
allotted for a priviledge (sic) about my house thence bounded by sd lands
until it comes to other lands devised to my wife and Mary Reynolds during
(sic) life thence by sd lands until it comes to the highway thence by sd
highway until it comes to the land of Amos Osborns thence running westerly by
sd Osborns Land on the north to the land of Consider Morgins Thence by sd land
on the west and partly on the south by sd Morgins land and so on its course to
the place of its beginning The second tract is bounded as followeth (sic)
viz Begining (sic) at the highway leading from Henry Chases towards the
meeting house on the Oblong hill from sd way bounding on the west by land
belonging to henry Chase thence easterly bounding by land of Benjamin Ferris
until it comes to the aforesd highway thence westerly to the place of
beginning Which sd gifts of my lands unto Isaac Osborn is in consideration
before and hereafter more fully exprest (sic) to be kept and performed by him
the sd Isaac Osborn his heirs executors administrators or assigns and the sd
Isaac Osborn and all his under him shall provide and keep well all such horse
or horses of friends as my sd wife shall send to him to be kept in order the
better to qualifye (sic) her to keep a house of entertainment of Friends
traveling on truths account And Furthermore my mind and will is that if in
case the provisions I have heretofore made in this will should not be
sufficient for my wife and her attendent then my mind is that the aforesd
Isaac Osborn shall yield and supply all that may be lacking on that account
and in failour (sic) of him or his heirs or any by from or under him so that
such I necessaries fail to be supplied as above sd then in such case I do
hereby order empower and other use my executors hereafter named to sell and
dispose of so much of my lands as shall be necessary for the same and apply
it to the use of uses aforesaid Furthermore the conditions of the gifts of
my lands unto the sd Isaac Osborn is further expressed as followeth (sic) I
do order him his heirs executrs & administrs or any that shall posssess (sic)
my estate by from or under him or either of his heirs executrs administrs to
keep a house of entertainment for my friends The people called Quakers
traveling on truths account which is to be understood to be the house where I
now dwell and appointed for the dwelling of my wife during her life on the
conditions aforesd as expressed in this will which house of entertainment
shall be kept with Vituals drink lodging and horse keeping and all other
things needfull and necessary for sd purpose for and during (sic) the terms of
the lives of my wife Elizabeth and the life of the sd Mary Reynolds on the
true performance of the sd Isaac Osborn as above expressed then my sd aforesd
lands shall be unto him his heirs and assigns forever. But on the faleur
(sic) of him or either of his heirs executrs or administers of any claiming by
from or under him or holding title from him shall neglect the injunctions
herein enjoined on him as above sd then his or her right shall desend (sic) or
revolve to them him or her that shall and doth truly fulfill their his or her
part of sd service and they to fulfill the whole and so? on to the last of
them theires &c and on the failour (sic) of the whole of them theirs &c so
supporting one house of entertainment as abovesd Item Them I give my sd lands
I mentioned to be to Isaac Osborn on the conditions above sd to the yearly
meeting of friends the people called Quakers of Philadelphia in the
Government Government (sic) of Pennsylvania with the profits and
appertainances to their only use and benefit forever Also the two small
tracts of land given to my wife and to Mary Reynolds dureing (sic) there
(sic) natural (sic) lives viz after the death of my wife and after the death
of Mary Reynolds or the death of such person or persons as shall take the
necessary care of my wife as long as she lives or such person or persons
leaveing sd lands then I give sd lands to Isaac Osborn his heirs and assigns
on the same conditions and limitations and to decend in the same manner as my
other lands mentioned to be given to him as abovesd and Furthermore as I have
heretofore herein ordered my beloved Cousin Isaac Osborn to pay all my just
debts and to provide and take the necessary care of my wife I give unto him
all my bonds and notes for money and book debts Together with all my movable
estate not heretofore in the will given away Item I give and bequeath unto
my loving Cousins Amos Osborn and Stephen Osborn ten pounds lawful money of
the province of New York to each of them as is hereafter ordered Item it is
my will and I do hereb (sic) order my loving Cousin Isaac Osborn in
consideration of his having my estate as heretofore exprest (sic) in my will
or his heirs executrs administrs or assigns to pay unto my loving cousin Amos
Osborn at the expiration of the term of three full years after my decase
(sic) the sum of ten pounds lawfull money of New York and for the
consideration aforsd I do order his the said Isaac to pay unto my loving
Cousin Stephen Osborn at the full term of three full years after my decase
(sic) the sum of ten pounds like money aforesd providing the said Amos and
Stpehen Osborns should be living or if either of them be living he shall have
his sd money as aforesd. Furthermore I make choice of and appoint ordain and
do hereby constitute my trusty and well beloved friends Solomon Height John
Hoag 2d Juni and Abner Hoag all of Dutchess county and province of New York
yeoman to be whole and sole executors to this my will and testament ratifying
and confirming this & no other to be my last will hereby disallowing and
making void all former gifts or wills whatsoever in Witness whereof I have
hereunto set my hand and seal the day and year first above written
Paul Osborn S S
Signed sealed published and declared by the said Paul Osborn to be his last
will and testament in the presents (sic) of Aaron Vail Martha Vail David
Sands
Dutchess County ??:
Be it Remembered that on the twenty
ninth day of August in the year of our Lord one thousand seven hundred and
eighty one personally came and appeared before me Gilbert Livingston
Surrogate of the said County Martha Vail of Dutchess county widow and being
duly affirmed on their affirmation declared that she did see Paul Osborn sign
and seal the instrument hereunto annexed consisting of two sheets of paper
and pages . 2. 3. 4. 5. 5. 7 & 8 purporting to be the will of the said Paul
Osborn bearing date the third day of the eleventh month viz the month of
November in the year of our Lord one thousand seven hundred and seventy five
and heard him publish and declare the same as and for his last will and
testament that at the time thereof he the said Paul Osborn was of sound
disposing mind and memory to the best of the knowledge and belief of the
affirmant and that her name subscribed to the said will is of her proper hand
which she subscribed as a witness to the said will in the testators presence
and that she the affirmant saw Aaron Vail and David Sands the other witnesses
to the said will subscribe their names as witnesses thereto in the testators
presence
Gilbert Livingston Surrogate
Transcribed from SAMPUBCO copy by Carl Osburn
New York Co., NY Will Book 33 page 355-362
Paul appears to be the Paul (b abt 2 Mar 1710/11), son of Samuel Osborn and
Sarah Clark, who m 8 Dec 1736 Elizabeth Shove b 10 Mar 1710/11. Don't see a
cousin Isaac in the posted trees.
Will and Probate of Amos Osborn
(Contributed by Carl Osburn)
I Amos Osborn of Pawling Town in the county of Dutchess and State of New York
being in sound mind and memory do think fit to make a distribution of my
outward? Estate by will in the following manner viz First of all it is my
will and I do order all my just debts & funeral charges paid out of my stock
by my executor hereafter mentioned-Item I give and bequeath to my son Edward
I Osborn fifty dollars and all my wearing apparel of all sorts in lieu of his
not having a trade? Given to him by me-Item I give and bequeath to my
daughter Elizabeth Osborn my best feather bed, one suit? of curtains, one bed
quilt - two fluffy? blankets -one flannel sheet -four pair of linen sheets -
five pair of pillow cases-two table cloths-eight towels one ?? without
feathers, one chest, six knives and forks- six pewter plates, one warming ??-
one ?? seat-a Sinale Shawl and ?? and one reed ? and one foot wheel the ??-
Item I give and bequeath to my three sons each of them sixty two dollars and
a half a ?? namely Edward Osburn John Osborn and Amos Osborn-Item I give and
bequeath to all my children namely Edward Osborn-John Osborn and Amos Osborn
-Ruth? Smith -Desire? Peckham - Mary Peckham Lydia Peckham and Elizabeth
Osborn all my estate both real and personal except what I have given away
above to be equally divided between them all which I do give to them and th?
and ?? for ??
Item. it is my will that if either of my above named children sons or
daughters should charge any thing against my estate for any work they have
done for me that it shall be taken out of his or her ??. Lastly, I do hereby
nominate, constitute and appoint my three sons Edward Osborn, John Osborn,
and Amos Osborn my Executors to this my last will and testament certifying
and confirming this and no other to be my will -disallowing and making void
all former wills or gifts made by me-In witness whereof I have hereunto set
my hand and seal this twenty third day of the tenth month eighteen hundred
and one 1801-- Amos Osborn S.S. Signed, Sealed, Delivered &
pronounced?? by me Amos Osborn to be my last will and testament in the
presence of Edward Shove? Jun Jonathan Shove? Edward Shove?-Dutchess County
so: Be it remembered that on the fifth day of June one thousand eight
hundred and ten personally appeared before me Thos J? Cahley Surogate of the
said county Edward Shove? Jun of Pawling town who in his affirmation declared
that he did see Amos Osborn sign and seal the annexed written instrument
purporting to be the will of the said Amos Osborn bearing date the twenty
third day of October one thousand eight hundred and one and heard him publish
and declare the same as and for his last will and testament. That at the
time thereof he the said Amos Osborn was of sound disposing mind and memory
to the best of his knowledge and belief of him the deponent-And that the
deponent Jonathan Shove and Edward Shove formally? subscribed the will as
?/ thereto in the Testators presence Thos I Cahley Surrogate - S.S. The
People of the State of New York by the grace of God free and independent. To
all to whom there presents shall come or may concern find Greeting-Know ye
that at Poughkeepsie in Dutchess County on the fifth day of June in the year
of our Lord one thousand eight hundred and ten before Thos I Cahley Esquire
Surrogate of an said county the last will and testament of Amos Osborn
deceased (a copy whereof is hereunto annexed) was proved and is now approved
and allowed by us and the said deceased having whilst he lived and at the
time of his death goods, chattels or credits within the State by means
whereof the proving and registering the said will and the granting
administration of all and singular the said goods chattels and credits and
also the auditing, allowing? and final discharging the account? thereof doth
belong unto us - the administration of all and singular the goods chattels
and credits of the said deceased and any way concerning his will is granted
unto Edward Osborn and John Osborn two of the Executors in the sail will
named they being first duly affirmed well and faithfully to administer the
same and to make and exhibit a true and perfect inventory of all and
singular, the said goods chattels and credits and also to ensure a just and
true account thereof when thereunto required-In Testimony whereof we have
caused the seal of office of oursaid surrogate to be hereunto affixed-Witness
Thos I Cahley Esquire Surrogate of the said county at Poughkeepsie the fifth
day of June in the year of our Lord one thousand eight hundred and ten and of
our independence the thirty fourth --Thos I Cahley Surrogate -
Dutchess for ?? the preceding will of Amos Osburn the certificate of proof
thereof ?? the Letters Testamentary ?? on the 5th day of June 1810
?? I
Cahey Surrogate
Transcribed from SAMPUBCO copy by Carl Osburn
Dutchess Co., NY Will Book page C-470
Notes: Married names of daughters (Peckham) and names of witnesses (Shove)
were hard to decipher; Census records were used to get family names in
Dutchess Co that could be matches to the handwriting.
Amos would appear to be Amos Osborne (AFN: 17SX-SLP; b 1739 Dignton, Briston
MA, d 10 Jun 1810 Beekman, Dutchess Co NY) who m Lydia Southwick; son of John
Osborne and Mary Osborne; had daughters Desire, Mary, and Lydia who all m
Peekham's; Lydia's mother was a Shove (names of witnesses)
Will and Probate of Richard H. Osborn
(Contributed by Carl Osburn)
Record of the last Will & Testament of Richard H. Osborn deceased proved and
recorded a ?? of Real and personal Estate This twentieth day of June in the
year of our Lord one thousand and eight hundred and forty.
State of New York, Dutchess Surrogate Court
In the matter of proving the Will of
Richard H. Osborn deceased Dutchess County
Surrogates
Office S S Be it Remembered that heretofore upon due application for
that probate to the Surrogate of said Dutchess County citations were
offered? by the said Surrogate to the heirs & next of kin of said deceased,
which said citations ?? ?? ?? and proofs of service thereof given thereafter
returned to said Surrogate and are aw follows to wit:
The People of the State of New York
by the Grace of God Free & Independent, to all to whom there presents shall
come or may concern and especially to Samuel Osborn, James Osborn, Gilbert
Osborn, Sarah wife of Thomas Baker, Elizabeth wife of William Allen & Mary
Widow of _____ Tripp, Whose places of Residence? are un? known, & William
Osborn of ?? Hillsdale County Michigan, and two of the children of Catherine
Sly, a deceased daughter of Testator, whose names and places of residence are
un known, Heirs &c of Richard H. Osborn Deceased Greeting S S Whereas
Richard H. Osborn late of the Town of Fishkill in the County of Dutchess
deceased as is alleged? has lately died leaving a last Will & Testament
relating? to Real & Personal Estate & James Wilde an Executor therein named
has applied to the Surrogate of said Dutchess county for the proof of said
Will you and each of you are hereby cited to be and appear at a Surrogates
court to be held before the Surrogate of the County of Dutchess at his office
in Poughkeepsie in said Dutchess County on the thirtieth day of May next at
ten o'clock in the forenoon of that day, there and then attend the probate of
the said last Will & Testament of said deceased: in Testimony whereof we have
caused the Seal of our said Surrogate to be hereunto affixed.
Witness Robert Wilkenson Esquire. Surrogate of the said County of Dutchess
in Poughkeepsie this 31st day of March the year of our Lord one thousand eight
hundred & forty.
Robert Wilkenson Surrogate
By the grace of God Free and Independent to all to whom their presents shall
come and may concern & especially to William Osborn of Conaan? Hillsdale
County, Michigan, heir ?c of Richard H. Osborn deceased Greetings: whereas
Richard H. Osborn late of the Town of Fishkill in the County of Dutchess,
alleged, has lately died leaving a last will and testament relating to real
and personal Estate. And James Wilde an? Executor herein named has applied to
the Surrogate of the said Dutchess County for the proof of said Will. You
are hereby cited personally to be and appear at a Surrogates Court to be held
before one Surrogate of the County of Dutchess at his office in Poughkeepsie
in said Dutchess County on the 30th day of May next at ten o'clock in the
forenoon of that day, then & there to attend the probate of the said last
will and Testament of the said deceased. In Testimony whereof we have caused
the Seal of Office of the said Surrogate to be hereunto affixed. Witness
Robert Wilkenson Esq Surrogate of the said County of Dutchess at Poughkeepsie
this 31st day of March in the year of our Lord one thousand sight hundred &
forty.
Robert Wilkenson Surrogate
State of New York Dutchess County John D.H. Tillman being duly sworn says,
that on the 31st day of March A.D. 1840 This Deponent deposited in the Post
Office at Poughkeepsie in the County of Dutchess a copy of the written
citation directed to Mr. William Osborn, ??, Hillsdale County, Michigan.
Further deponent saith ??
this 31st day of March 1840
?? D.H. Tallman
Before me Robert Wilkinson Surrogate
The People of the State of New York
by the Grace of God Free and Independent, to all to whom there presents shall
come or may concern and especially to John Sly, Israel Sly, & Catharine Sly
of Hamburgh Erie County, heirs &c of Richard H. Osborn deceased S S
Greeting: Whereas Richard H. Osborn late of the Town of Fishkill in the
County of Dutchess deceased as is alleged? has lately died leaving a last
Will & Testament relating? to Real and Personal Estate and James Wilde
Executor therein named has applied to the Surrogate of said Dutchess county
for the proof of said Will: You & each of you are hereby cited personally to
be and appear at a Surrogates court to be held before the Surrogate of the
County of Dutchess at his office in Poughkeepsie in said Dutchess County on
the thirtieth day of May next at ten o'clock in the forenoon of that day,
there and then to attend the probate of the said last Will & Testament of
said deceased: in Testimony whereof we have caused the Seal of our said
Surrogate to be hereunto affixed.
Witness Robert Wilkenson Esquire. Surrogate of the said County of Dutchess
in Poughkeepsie this 31st day of March the year of our Lord one thousand eight
hundred & forty.
Robert Wilkenson Surrogate
State of New York Erie County S S E.F. Davis of Hamburgh being duly sworn
says that on the 4th day of April A.D. 1840 this deponent served the within
Citation upon the ?? ?? named to whom the same is directed by delivery to
each of them /except Catharine Sly Alicia ??/ a copy thereof and at the same
time showing? the within Original
Sworn this 4th day of April A.D. 1840, before me
E.F. Davis
Mannet H? Shaw? Comr Of Deeds
?? thereupon the last
Will & Testament of Richard H. Osborn deceased with the proofs ?? were
produced as follows, to wit:
In the name of God
Amen: I Richard H. Osborn of the Town of Fishkill in the County of Dutchess
and State of New York considering the uncertainty of the mortal life and
being of sound mind & memory (Blessed be Almighty God for the same) do make
and publish this my last will & testament in manner & form following (that is
to say) First I direct my body to be decently buried.
Secondly- I direct my executors to sell all my personal property, excepting
my gun my pocket pistol and my large chest with my Wearing apparel.
Thirdly- I direct my Executors to pay my debts out of the monies arresting
from the sale of my personal property afore directed.
Fourthly, I give and bequeath to my grandson Richard H. Osborn son of William
Osborn my gun, pocket pistol and chest of clothing and direct my executors to
expend whatever other personal property may remain in their hands after
paying my debts and expenses in supporting and educating my said grand son as
they in their discretion shall think best. Fifthely, I hereby direct my
Executors hereinafter named to take possession of all my real estate as soon
after my decease as they can and rent it to the best advantage yearly and
every year until my said grandson, Richard H. Osborn shall arrive at the age
of twenty one years or die, if he should not live so long. And I further
direct and order my Executors to use and apply the rents thus arising
annually for the support and education of my said grandson Richard H. Osborn
in such manner as they in their discretion shall think proper. And I further
direct that in case my said grandson Richard H. Osborn should die under age
without lawful issue my Executors shall sell all my real estate and by good
and sufficient deed of deeds convey the house to the purchaser to do which.
I hereby give my said Executors full power. And I hereby further direct that
in case of the death of my said grandson and a Sale of my real estate in
consequence thereof as above directed my Executors divide the money arising
from such Sale Together with the unexpended rents, if an, unto six equal
parts, and pay one sixth part thereof to my son Samuel, his heirs or assigns:
one other sixth part thereof to my son Gilbert, his heirs or assigns; one
other sixth part to my daughter Sarah, wife of Thomas Baker? her heirs or
assigns; one other sixth part thereof to my daughter Catherine? Wife of
Robert Sly, her heirs or assigns: one other sixth part thereof to my daughter
Elizabeth wife of William Allen her heirs or assigns: and the remaining sixth
part thereof it is my will that my Executors divide equally among such
children as my son William may have have (sic) at the death of my said
grandson Richard to be paid to said children respectively as they come of age
by my Executors-But should my said grandson live to attain to the age of
twenty one years or have lawful issue then I hereby give and devise to my
said grand-son Richard H. Osborn his heirs and assigns forever all my real
estate subject to the payment of ninety? Six dollars in legacies as
hereinafter directed within two years after my said grandson shall or would
have attained to the age of twenty one years-to wit, my said grandson of his
heirs shall pay to my said son Samuel sixteen dollars, to my son Gilbert
sixteen dollars, to my said Daughter Sarah sixteen dollars, to my said
daughter Catharine sixteen dollars, to my said daughter Elizabeth sixteen
dollars, to them their heirs or assigns, and to my daughter in law Catherine
wife of William Osborn my son, sixteen dollars for the use and benefit of
her children for which last payment the of my said daughter in law shall be
sufficient. And lastly, I hereby constitute and appoint my friends Gershom
Brown and James Wilde Jun Executors of this my last Will and Testament, here
revoking all former will be me made-In Witness thereof I have herewith set my
hand and seal the twenty second day of November in the year of our Lord one
thousand eight hundred and twenty two
Richard H.
Osborn S S
Signed, Sealed, published and declared by the above names Richard H. Osborn
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 and of each
other.
The words "say"of" the testator obliterated before execution
Ralph Schinck Saul B. Halsey Sarah D. Halsey
State of New York, Dutchess Surrogate Court
In the Matter of proving the last Will and
Testament of Richard H. Osborn deceased
Dutchess County, SS James Wilde of the town of Fishkill in the county of
Dutchess being duly sworn and examined doth depose and say, that the
circumstances as far as this deponent knows and is able to state them
relating to the execution, the delivery the possession of the instrument in
writing now produced and shown to this deponent purporting to be the last
Will and Testament of Richard H. Osborn deceased, the above named testator
bearing date the twenty second day of November in the year of our Lord one
thousand eight hundred and twenty two, are as follows to wit: that the
deponent was not present at the time of executing and publishing the said
Will by the said testator but is informed and believes that the same was
executed and published by the said testator in the presence of the
subscribing witnesses thereto, at of about the time ?? ?? date. That this
deponent received the ?? from the hands of said Testator and that it remained
in the care and custody of this deponent until he delivered it to the
Surrogate of the county of Dutchess for the purpose of having the same duly
proved in before the court and recorded according to law, and that while the
?? remained in the care and custody of this deponent as aforesaid it was in
no respect altered or changed and that it is now to all appearances in the
same conditions as when first received by the deponent
James Wilde
Or above set further
Subscribed and sworn this: 31st day of March 1840
Before me Robert Wilkenson Surrogate
May 30th 1840 the further hearing in this case is adjourned to the 20th day of
June next for the purpose of procuring the attendance and examination of the
witnesses to the will of said Richard H. Osborn deceased
On this 20th day of June this court proceeded pursuant to adjournment to
the examination of the witnesses to the Will of said deceased as follows, to
wit:
State of New York, Dutchess Surrogate Court
In the matter of proving the last Will
and Testament of Richard H. Osborn decd
Dutchess
County S S Samuel B. Halsay of
Rockaway in the State of New Jersey being duly sworn and examined dothe
depose and say that this deponent was well acquainted with Richard H. Osborn
the above named testator late of the town of Fishkill in the County of
Dutchess deceased. That this deponent was present as a witness and did see
the said Testator 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 deceased bearing date the twenty second day of November in the year of
our Lord one thousand eight hundred and twenty two. That the said testator at
the same time declared the instrument so subscribed by him to be his last
Will and Testament. That thereupon the deponent and Ralph Schwick and Sarah
D. Halsay Severally Subscribed their names at the end thereof as witnesses
thereto, at the request of the testator and in his presence, and that the
said Testator at the time of executing and publishing the said last Will and
Testament was of full age, of sound mind and memory and not under any
restraint. And the deponent further says, that the said Ralph Schwick, one
of the subscribing witnesses to the said Will died, as the deponent
understands from common report and verily believes to be true, since the
execution or said Will and in or about the year one thousand eight hundred
and twenty six departed this life. And the deponent further says, that the
name of said Ralph Schinck so subscribed to said Will as a witness was
subscribed by said Ralph Schwick in his own proper? handwriting
Sworn this 20th day of June 1840 before me Samuel B. Halsay
Robert Wilkenson Surrogate
State of New York, Dutchess Surrogate Court
In the matter of proving the last Will
And Testament of Richard H. Osborn decd
Dutchess
County S S: Sarah D. Halsay of
Rockaway in the State of New Jersey bur formerly of Fishkill in the County of
Dutchess being duly sworn and examined dothe depose and say that this
deponent was well acquainted with Richard H. Osborn the above named testator
late of the town of Fishkill in the County of Dutchess deceased. That this
deponent was present as a witness and did see the said Testator 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 deceased bearing
date the twenty second day of November in the year of our Lord one thousand
eight hundred and twenty two. That the said testator at the same time
declared the instrument so subscribed by him to be his last Will and
Testament. That thereupon the deponent and Ralph Schwick and Samuel B.
Halsay severally subscribed their names at the end thereof as witnesses
thereto, at the request of the testator and in his presence, and that the
said Testator at the time of executing and publishing the said last Will and
Testament was of full age of sound mind and memory, and not under any
restraint.
Sworn this 20th day of June 1840 before me Sarah D..Halsay
Robert Wilkenson Surrogate
On this 20th day of June 1840, the proofs and examinations of the witnesses
to the Will of Richard H. Osborn deceased, having been duly taken and filed,
and it appearing satisfactorily, to this court from the proofs so taken that
this Will of said deceased was duly executed and that said testator at the
time of executing and publishing the was in all respects competent to divine
his estate and not under and restraint and this court being satisfied of the
?? and validity of said Will it is ordered that said Will and the proofs and
examinations taken thereon? be recorded in this office.
Robert Wilkinson Surrogate
Dutchess County
Surrogates Office S S: Recorded the preceding? Last Will and Testament of
Richard H. Osborn deceased with the proofs and examinations taken thereon as
the last Will and Testament of the Real and Personal Estate of said deceased
which record is hereby? signed and Certified by me pursuant to the provisions
of the Revises Statues this 20th day of June A.D. 1840
Robert Wilkinson Surrogate
Dutchess County S S: Delivered the original Will of Richard H. Osborn
deceased, to James Wilds Executor ?? of said deceased this 21st day of June
A.D. 1840
Robert Wilkinson Surrogate
Transcribed from SAMPUBCO copy by Carl Osburn
Dutchess Co., NY Will Book L page 393-398
Notes: Ovdorn in 1800 Census, Orsburn in 1810
Is a descendant Richard Harold Osborn WT01-V8 abt 1898 <Adrian MI>
It looks like this is the grandson
Albert D Osborn
Medina, Lenawee, MI
abt
1847
Michigan
Cornelia Osborn
Medina, Lenawee, MI
abt
1822
Canada
Richard Osborn
Medina, Lenawee, MI
abt
1845
Michigan
Richard H Osborn
Medina, Lenawee, MI
abt
1819
New York