[Will of Claydon, James - Greenfield, Saratoga Co., NY - Book 24 Page 383]

The last will and testament of James Claydon, late of the town of Greenfield, Saratoga County NY. Deceased – relating to real and personal estate – recorded May 22, 1876.

At a Surrogates Court, held at the village of Saratoga Springs in and for the County of Saratoga – on the 22d day of May 1876.

Present: Cornelius A. Waldron Surrogate.

Be it remembered that at a Surrogates Court held at the village of Waterford in and for the County of Saratoga, on the 3d day of April 1876. Benjamin S. Robinson of the town of Greenfield in said county, the person named as Executor in a certain instrument in writing bearing date the 23d day of February 1876 and purporting to be the last will and testament of James Claydon, appeared and presented said will for probate – and at the same time made satisfactory proof that the said James Claydon died on the 30th day of March 1876, he being at the same time as inhabitant of the said County of Saratoga – and that he left him surviving Thomas Claydon residing at Solihull, Warwickshire England – John Claydon residing at Bicester Oxfordshire England – Mary A. Hallowell residing in Williamsburgh Kings County N.Y. – the heirs at law and next of kin of William Claydon a deceased brother of said James Claydon deceased, whose names and places of residence are unknown & after diligent inquiry cannot be ascertained – the heirs at law and next of king of Anna Dagley deceased, of Mary Ann Gibbord deceased and of Elizabeth Foscott deceased, who were sisters of said James Claydon deceased, whose names and places of residence are unknown and after diligent inquiry cannot be ascertained – Elizabeth Reeves, Sarah Mills and Friend Claydon residing at Seney Plymouth County Iowa – who are all and the only heirs at law and next of kin of the said James Claydon deceased. And therefore a citation was issued to the said heirs at law and next of kin, citing them to appear before the said surrogate at his office in the village of Saratoga Springs in said County of Saratoga, on the 22d day of May 1876, at Ten OClock AM – to attend the proof and probate of said will. At which time and place the said Benjamin S. Robinson again appeared, and returned said citation with proof of the due and legal service of the same upon all to so whom directed – and the said Benjamin S. Robinson provided the said will, and made application to have the same admitted to probate. And now on this said 22d day of May 1876, at said hour & place, the said Benjamin S. Robinson appearing in person – and no one opposing – the said will was produced and shown to the attesting witnesses thereto, and the proof was taken as follows:

County of Saratoga – Surrogates court. On the matter of proving the last will and testament of James Claydon deceased.

Saratoga County p: Christopher Brigham and Eliza Fitchener of the town of Greenfield in the County of Saratoga being first duly sworn in open court on their oaths so before and say that they are subscribing witness to the last will and testament of James Claydon late of the [end of page 383]

town of Greenfield in the County of Saratoga aforesaid deceased. And these deponents further say, that the said deceased did, in the presence of these deponents, subscribe his name at the end of the instrument which is now shown to these deponents, and which purports to be the last will and testament of the said deceased, and which bears date of the 23d day of February in the year one thousand eight hundred and seventy six, that the said deceased did, at this time of subscribing his name to said instrument as aforesaid, declare the same to be his last will and testament; that these deponents did thereupon subscribe their own names at the end of said instrument as attesting witness to the execution thereof, at the request of the said deceased, and in his presence, and in the presence of each other, that the said deceased, at the time of subscribing his name to said instrument as aforesaid, was upwards of twenty one years of age; that he appeared to be of sound mind and memory and was not under restraint, to the knowledge or belief of these deponents.

Christopher Brigham – Eliza Fitchener

Subscribed and sworn this 22d day of May 1876, before me, C. A. Waldron Surrogate.

And it appearing from the proof so taken that said instrument was duly executed, and that the said testator was at the time of executing the same in all respects confident to devise real estate, and not under restraint. And the said surrogate having inquired into the facts and circumstances, and being satisfied of the genuineness and validity of said instrument – and no objection being made thereto – It is ordered adjudged and decreed, that said instrument be admitted to probate as and for the last will and testament of the said James Claydon deceased. And it is further ordered that said will be recorded with the proof thereof – which said proof is hereinbefore recorded – and said will is in the words and figures following, to wit:

I James Claydon, of Greenfield, Saratoga County, New York, being of sound mind and memory, do make, ordain, publish and declare this to be my last will and testament, that is to say:

First, after all my lawful debts are paid and discharged, I give devise and bequeath unto my beloved wife, Charity V. Claydon the use of all my estate, both real and personal, during her natural life: to have her comfortable maintenance and support therefrom.

Second: I give and devise to my brother, Thomas Claydon, of Solihull, Warwickshire, England, such sum as shall be equal to two hundred pounds English money: to be by him divided as follows – one eighth thereof to the heirs of my brother William Claydon, late of Oxfordshire England, who are now living in England – one eight thereof to the heirs of my sister Anna Dagley, late of Godenton, Buckinghamshire, England: one eighth thereof to the heirs of my sister Mary Ann Gibbord, late of Buckinghamshire, England: one eights thereof to the heirs of my sister Elizabeth Foscott, late of Buckinghamshire, England, and the balance of said sum of two hundred pounds to belong to my brother Thomas Claydon above named; the receipt of the said Thomas Claydon for said sum shall be a full and sufficient discharge of my executor, for all liability for such legacy.

Third: I give to the daughters of my nephew, Thomas Claydon irz: Sarah Mills and Elizabeth Reeves of Seney Plymouth County Iowa, the sum of one hundred dollars ($100) to each – provided that such sum is not paid to them by me before my decease.

Fourth: I give and bequeath to Mary Ann Hollowell, of Williamsburgh N.Y., daughter of my brother William the sum of one hundred dollars ($100).

Fifth: I give and bequeath to Charles W. [end of page 384]

Greene, of Saratoga Springs, the sum of fifty dollars ($50).

Sixth: I give and bequeath to James H. Greene, of Greenfield, the sum of two hundred and fifty dollars: on the following conditions – irz: that the relatives and family of his wife Temperance: shall deposit with my executor hereinafternamed, such additional sum as may be necessary to remove all mortgages or other incumberance from the farm and premises now owned and occupied by him: and my executor is hereby charged with the duty of satisfying such incumberance upon the depositing of such sum as above specified; In case these conditions are not fulfilled in one year after the decease of both myself and my wife, then my executor shall invest the said two hundred and fifty dollars, paying the interest thereof to the said James H. Greene; and when his youngest child shall attain the age of Eighteen years if a daughter, or twenty one years if a son, such sum of two hundred and fifty dollars to be divided equally between the surviving children of said James H. Greene.

Seventh: I give and devise to Lydia Cook, of Sunbury, Ohio: the cousin of my wife, the sum of one hundred dollars ($100).

Eighth: I give and devise to Harriet Edwards, daughter of the above, the sum of one hundred dollars.

Ninth: I desire and request that my friend George W. Fitchener shall have the privilege of purchasing any farm and residence in Greenfield including all personal property upon such farm except such items of household goods as may be selected by my wife, and that the stipulated price therefore, shall be two thousand seven hundred dollars ($2700) upon such terms of payment as my executor shall prescribe. # in case he shall not elect to purchase in one year after my decease, my executor to have full power to sell to any other party as he may deem just & right.

Tenth: After the decease of my wife, I direct that my executor shall dispose of all property unsold, and divide the remainder, after paying all claims and expenses of settlement equally between the Missionary Society of the Methodist Episcopal Church located in New York; and the American Bible Society, located in New York and the receipts of the treasurers of said societies respectively, shall be a full and effectual discharge of my executor, concerning such residuary legacies. Likewise I make constitute and appoint Benjamin S. Robinson, of Greenfield, Saratoga County New York to be exector of this my last will and testament, hereby revoking all former wills by me made. In witness shereof, I have hereunto subscribed my name and affixed my seal, the twenty third day of February in the year of our Lord one thousand Eight hundred and seventy six.

James Claydon [L.S.]

The above instrument, consisting of one sheet, was at the date thereof subscribed by James Claydon in the presence of us and each of us: he at the time of making such subscription, acknowledged that he made the same, and declared the said instrument so subscribed by him to be his last will and testament. Whereupon we then and there, at his request, and in his presence and the presence of each other, inscribed our names as witnesses thereto.

Christopher Brigham residing at Greenfield N.Y.
Eliza Fitchener residing at Greenfield N.Y.
B. S. Robinson “ “ Greenfield N.Y.

Saratoga County p: I Cornelius A. Waldron Surrogate of said county do hereby certify the forgoing to be a true record of the last will and testament of James Claydon, late of the town of Greenfield in said county, deceased – relating to real and personal estate – together with the proof thereof – recorded on the 22d day of May 1876.

C.A. Waldron
Surrogate

[end of page 385]

---

SURROGATE COURT PETITION TRANSCRIPT

To the Surrogate of the County of Saratoga:

The petition of Benjamin S. Robinson of Greenfield in said county respectfully showeth: -- That lately, and on or about the 30 day of March 1876 James Claydon died at the town of Greenfield in the county of Saratoga being at the time an inhabitant of the county of Saratoga. That the said deceased left a certain instrument in writing, purporting to be and which your petitioner verily believes is his last Will and Testament, bearing date upon the 23d day of February A.D., 1876 which relates to both real and personal estate, and in said instrument your petitioner is named as executor. That said deceased left the following persons him surviving, to wit: -- Thomas Claydon residing at Solihull, Warwickshire England. John Claydon residing at Bicester, Oxfordshire England. Mary A. Hollowell residing in Williamsburgh, Kings County N.Y. The heirs at law & next of kin of William Claydon a deceased brother of said James Claydon deceased whose names and places of residence are unknown & after diligent inquiry cannot be ascertained. The heirs at law and next of kin of Anna Dagley deceased of Mary Ann Gibbord deceased and of Elizabeth Foscott deceased, who were sisters of said James Claydon deceased, whose names and places of residence are unknown and after diligent inquiry cannot be ascertained. Elizabeth Reeves, Sarah Mills and Friend Claydon residing at Seney, Plymouth county Iowa. And who are all and the only heirs at law and next of kin of the said deceased. Your petitioner therefore prays that a citation may issue to the heirs at law and next of kin to the said deceased, requiring them to appear before the said Surrogate at his office in the village of Saratoga Springs in the county of Saratoga aforesaid, on the 22nd day of May A.D., 1876 at 10 o'clock A. M. to attend the probate of the said last Will and Testament of the said James Claydon deceased, and that the said Will may be proved and recorded as a Will relating to both real and personal estate, according to the forms of the statutes of the State of New York in such case made and provided. And your petitioner as in duty bound will ever pray, &c. Dated the 3d day of April A.D., 1876

[LS] B. S. Robinson