Monday, March 30, 2015

Amanuensis Monday - Post 261: 1875 Probate Record of Frederick Sovereen of Windham, Ontario

Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the 1875 probate record for Frederick Sovereen (1786-1875) of Windham township, Norfolk County, Ontario, Canada:






The transcription of this probate record is (handwritten, a clerk's copy):

[page 202]

In the goods of Frederick Sovereen deceased Probate

Be it known that on the nineteenth day of July in the year of
our Lord one thousand eight hundred and seventy five, the last
will and testament of Frederick Sovereen late of the township of Wind-
ham in the County of Norfolk yeoman, who died on or about the
fourteenth day of June in the year of our Lord one thousand eight
hundred and seventy five at the said Township of Windham, and
who at the time of his death had a fixed place of abode at the township
of Windham in the said County of Norfolk in the Province of Ontario
was proved and registered in the said Surrogate Court, a true
copy of which said last will and testament is hereunder written
and that the administration of all and singular his personal
estate and effects rights and credits of the said deceased, and
in any way concerning his will was granted by the aforesaid
Court to Jacob Sovereen of the township of Middleton in the County
of Norfolk Esquire, James Whitside of the same place Esquire,
and John Kitchen of the township of Windham in the said County
of Norfolk Esquire, the Executors named in the said will. They
having been first sworn well and faithfully to administer the
same by paying the just debts of the deceased and the legacies
contained in his Will so far as they are thereunto bound by law
and to exhibit a true and perfect inventory of all and singular
the said estate and effects rights and credits, and to render a just
and true account of their executorship whenever required by law
so to do.
                                   (signed) Clarence Chapelje
{seal}                         Registrar of the Surrogate Court
                                  of the County of Norfolk

I Frederick Sovereen of the township of Windham in the County
of Norfolk and Province of Ontario in the Dominion of Canada
Yeoman, being of a sound and disposing mind and ????
my thanks be to my Heavenly Father for this and all other of His
mercies I do make write and publish this as my Last Will
and testament.

I Will unto my son Alexander Sovereen his heirs and assigns
forever all that portion of my homestead farm lying Westerly
of the main road which crossed my said homestead farm, the
said parcel of land being composed of a North Westerly part
of the South half of Lot number twenty one and the Northerly
part of the South half of Lot number twenty two, both in the Ele-
venth concession of said Township of Windham in the
County of Norfolk and Province aforesaid, containing by
admeasurement sixty three acres and one half of an acre
of land be the same more or less.

I also Will unto will unto my said son Alexander Sovereen
his heirs and assigns forever that Westerly part of the Easterly
division of said lot number twenty one in said eleventh con-

[page 203]

In the goods of Frederick Sovereen deceased. Probate

cession of said Townshjip of Windham containing by admea-
surement eighteen acres and one half of an acre of land be the
same more or less, bounded as follows that is to say, commen-
cing on the Southerly limit of the North fifty acres of said lot
number twenty one owned by Michael Beck, at the intersection of
the Easterly side of the main road established across my said
farm thence bounding on the Easterly side of said road South
(about) seven degrees West seventeen chains and seven links to a
stake set, thence North seventy eight degrees and thirty minutes
East eleven chains and thirty four links to a stake set, thence North
(about) seven degrees East seventeen chains and seven links to
a stake set in the Southerly limit of said land of Michael Beck
and thence South seventy eight degrees and thirty minutes
West eleven chains and thirty four links to the place of begin-
ning, to have and to hold said parcels of land with the ap-
purtenances unto my said son Alexander Sovereen his
heirs and assigns forever.

I will unto my Executors and Trustees hereinafter, or the
survivor or survivor's of them in fee simple, all the rest
residue and remainder of my homestead farm being
composed of that part of my homestead farm lying East
of the Brantford road (excepting therefrom the Eighteen and a
half acres devised to my son Alexander), said parcels
of land devised to my Executors and Trustees being com-
posed of the great Southerly part of Lot number twenty
one and a South Easterly part of Lot number twenty
two in said eleventh concession of said Township of Windham
containing in all one hundred and thirteen aces of land
be the same more or less, this devise made to my Executors
and trustees in trust that as soon after my demise as in
their opinion a fair value can be obtained for the same
shall and do sell the said lands devised to them upon such
terms of payment as will best promote the interests of my es-
tate and shall divide the proceeds arising from such sale
as follows.

First pay to my son William Lewis Sovereen or in the Event
of his previous demise to pay the same to those to whom my said son
William in his Will may direct, or in the Event of his failing
to leave a devise in writing then to the Heirs of the said William
Lewis Sovereen two thousand and sixty dollars of the proceeds
of the sale of my said homestead farm, and shall and do
therefrom pay to my granddaughter Mary Catherine Carlyle
or her heirs the Same to be for the sole use benefit, and
under the absolute control of my said granddaughter, as if
she was under the absolute control unmarried woman
the sum of six hundred dollars and shall do and after

[page 204]

deducting all reasonable and proper costs and charges at-
tending the sale of said Estate shall divide the then residue
arising from such sale equally between my sons William Lewis
Sovereen and Alexander Sovereen or their Heirs share and
share alike. That is, if either or both of my sons should die
before receiving their portion then the children of such deceased
Parent to Inherit their Father's portion unless such deceased
Father shall by Will have directed otherwise then the
direction of such Will to prevail, and in order fully to
carry into effect this part of my Will to the best advan-
tage I give to my Executors and trustees full power to
and authority to give such terms of payment as will best
promote the interest of my estate to give and to take hold
renew discharge change or say the security for balance
of the purchase money in such manner as to them shall
deem best I Will unto my sons William Lewis Sovereen
and Alexander Sovereen their heirs executors or adminis-
trators equally all such mortgages as I may die possessed
of (it is my wish that my son William shall have the
mortgage given me by Thomas Barker). I give to my Execut-
ors full power to assign to my sons respectively the mortgages
securities the mortgages securities that may fall to each of
my said sons or if that cannot be conveniently done then
my Executors to collect in and divide the monies equally
between mt said sons (after deducting all reasonable costs
and charges connected therewith). I will that the Gold
coin I may die possessed of (being now about sixty dollars)
shall be equally divided between my two sons and my Grand-
daughter Mary Catherine Carlyle. I will that my household
furniture and personal property shall be divided accord-
ing to the Memorandum accompanying this my Will.
I give to my Executors and Trustees full power and aut-
hortiy to make all such conveyances and to take hold
review foreclose discharge or change all such securities
as may be necessary in order to carry into effect this my
Will . To have and To hold the lands as conveyed by
them unto the purchaser or purchasers thereof His her or
their Heirs and Assigns forever. I will that all my just
debts funeral and testamentary expences be paid out of
my estate should my homestead Estate revert to my Exe-
cutors on account of failure in payment by the purchaser
then and in such case I give to my Executors and Trus-
tees or the survivor of them full power and authority to resell
and reconvey the same as fully and amply as by the first con-
veyance made by them, and to take security thereon as in the
first instance.

I Will that what I have heretofore given to my granddaughter Mary
Catherine Carlyle shall be hers absolutely and in addition to
said six hundred dollars herein devised to her.

[page 205]

In the goods of Jacob Sovereen deceased. Probate

Lastly, I hereby Will to my Executors and any other estate real
and personal nor hereinbefore mentioned, of which I may die
seized in trust that they will convert the same into money and
after deducting all reasonable expenses, divide the residue
requally between my sons William and Alexander, or
their heirs.

And I hereby nominate constitute and appoint my ne-
phew Jacob Sovereen of the township of Middleton Esquire
and James Whitsides of the same place Esquire, and my most Es-
teemed neighbour John Kitchen of the township of Windham
in said County and Province Esquire Executors and Trus-
tees of this my last Will and Testament,
Hereby revoking all former Will or Wills, or writings of
the nature of a Will by are heretofore made:
Hereby I ??fixing and confirm ??? this and this only
as my last Will and Testament.

As witness my hand and seal to this my last Will
and Testament / the same having been first carefully read
over to me / this fourteenth day of November eighteen hun-
dred and sixty eight.
                                               his
               (signed) / Frederick X Sovereen {seal}
                                             mark

Signed sealed published   }
and declared by said tes-  }
tator Frederick Sovereen  }
as and for his Last Will    }
and in presence of us and }
of each other.                   }
(signed / Thos W. Walsh }
(signed / Agnes Cluie      }

The source citation for this record is:

Norfolk County, Ontario, Canada, Probate Records, ca 1839-1931; Indexes, 1842-1967, Surrogate's Registers, Books F-G, 1870-1880: pages 202-205, Frederick Sovereen will and court records; on FHL Microfilm US/CAN 522,630 (accessed 5 February 2014).

Frederick Sovereen is my 4th great-grandfather.  He married Mary Jane Hutchinson (1792-1868) in 1810, and they had four children, William Lewis (1811-1892), Mary Catherine (1813-????), Alexander (1814-1907), and Jacob (1817-1909).  Their daughter, Mary Catherine Sovereen, married Allen Smith, and they had a daughter, Mary Catherine Smith (1835-1879), who married John Carlyle (1825-1897).  That is the Mary Catherine Carlyle in the will of Frederick Sovereen.

My connecting ancestor is Alexander Sovereen (1814-1907), my third great-grandfather, who married Eliza Putman (1818-1895), and had my second great-grandmother, Mary Jane Sovereen (1841-1874), who married James Abraham Kemp (1831-1902).

I found this probate record on microfilm at the Family History Library in Salt Lake City on 5 February 2014.

Copyright (c) 2015, Randall J. Seaver



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