Bear with me - we will get to the records that deal with the question at hand.
In What Is the Maiden Name of Ann (--?--) Seaver (1807-????)? - Part 1, we walked through the available records for Ann's husband, Nathaniel Seaver (1803-1859), except for one set of records. Ann was a part of the 1850 and 1855 census records, but was not mentioned in Nathaniel's birth, city directory or death records.
In this post, I want to show some of Nathaniel's probate record in the Rensselaer County, New York Surrogate Court records book.
Nathaniel Seaver's will was written on and is transcribed as:
The last will and testament of Nathaniel Seaver dec'd with the proofs thereof recorded 27'h of Sept. 1859
Witt
In the Name of God amen. I Nathaniel Seaver of the city of Troy in the County of Rensselaer and State of New York of the age of fifty years and being of sound mind and memory do make publish and declare this my last will and testament in manner following that is to say -
First I give devise and bequeath to my dearly beloved wife Ann seaver her heirs and assigns all and singular my personal estate goods and chattels of every name nature and description whatsoever and wheresoever the same may be situated.
Second I give devise & bequeath to my said wife Ann Seaver her heirs and assigns all and singular my lands tenements and real estate of every kind and descriptionand wheresoever situated together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining - this bequest is intended to cover and convey all such lands tenements real estate and appurtenances as I may own possess or be entitled to at the time of my death as well as that which I now own or possess in fee simple or otherwise to have and to hold the same with each and every the said hereditaments and appurtenances to the said Ann Seaver her heirs and assigns forever.
Third it is my will and I hereby give and bequeath to my said wife Ann Seaver all personal all personal property goods chattels and effects hereafter acquired by me and which I may own at the time of my death and all my right title and interest in the same.
Fourth I hereby nominate and appoint my said wife Ann Seaver sole executrix 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 this eighth ^day^ of March in the year of our Lord one thousand eight hundred and fifty nine.
Nathaniel Seaver L.S.
The above instrument consisting of one half sheet is at the date thereof signed sealed published and declared by the said Nathaniel Seaver as and for his last will and testament - in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto John Moran residing in Troy in Rensselaer County, Thomas J. Cornelius residing at Troy in Rensselaer County
Proofs Surrogate Court
In the matter of Proving the Will and Testament of Nathaniel Seaver deceased County of Rensselaer Ss John Moran and Thomas J. Cornelius both of the city of Troy in the county of Rensselaer being duly sworn in open court doth depose and say and each for himself says that he is a subscribing witness to the last will and testament of Nathaniel Seaver late of the city of Troy in the county of Rensselaer deceased.
And that the said Nathaniel Seaver did in the presence of these deponents subscribe his name at the end of the instrument which is now shown and exhibited to these deponents and which purports to be the last will and testament of the said Nathaniel Seaver and which bears date on the eigth day of March 1859 And that the said Nathaniel Seaver did at the time of subscribing his name aforesaid declare he said instrument to be his last will and testament and these deponents did thereupon subscribe their names at the end of the said will as attesting witnesses thereto at the request of the said testator in his presence and in presence of each other. And at the time when the said testator subscribed his name as aforesaid he was of sound mind and memory of full age to execute a will and was not under any restraint but competent in all respects to devise real estate.
Subscribed & sworn this 27'h day of September 1859 before us John Moran, Thos. J. Cornelius
Robt H. Mc Clellan Surrogate
Source citation: New York Surrogates Court, Probate files, Rensselaer County > "Probate Records Vol 0051-0054, 1857-1861," pages 193-195 (images 549-550 of 958), Nathaniel Seaver will, dated 8 March 1859, proved 27 September 1859; "New York, U.S., Wills and Probates, 1659-1999," digital images, Ancestry.com (https://www.ancestry.com : accessed 16 February 2021).
In this three page record, Nathaniel Seaver bequeaths all of his real and personal property to his wife, Ann Seaver, and makes her the executrix of his last will and testament. He names no other heirs.
One conclusion from this instrument is that he had no living children at the time he wrote his will.
However, before the will was proved, another court document was found:
In this document the Surrogates Court decreed that :
At a Surrogates Court, held in and for the County of Rensselaer, at the Court House in the City of Troy, on the 11 day of August 1859
In the matter of the Proof of the Will of Nathaniel Seaver Troy deceased.
On the application of ex r's Ordered that Citation be issued to the heirs at law & returnable 27 Sept & be publ. in st. P. Robt. H. Mc Clellan, Surrogate.
At a Surrogate's Court, held in and for the County of Rensselaer, at the Court House in the City of Troy on the 11 day of August 1859
In the matter of the Proof of the will of Nathaniel Seaver Troy deceased,
On the application of ex r's Ordered that Abiah Traver of Troy be app't Spec Grdn
of Sara Charles Abba Fidelia Hannah Marilla & Olive Maria Seaver minors interested
Robt H. Mc Clellan, Surrogate
Source citation: New York Surrogates Court, Probate files, Rensselaer County > "Probate Records Vol 0051-0054, 1857-1861," page 101 (images 783 of 958), Decree, dated 11 August 1859; "New York, U.S., Wills and Probates, 1659-1999," digital images, Ancestry.com (https://www.ancestry.com : accessed 16 February 2021).
I could find no record of a court record that described the result of the decree above. Apparently, nothing came of it since the will was proved on 27 September 1859.
Who were the minors represented in court by Abiah Traver? They were the minor children of Elijah Seaver (1806-1857) of Heath, Massachusetts (they left out Alma Amelia, and misnamed Martha Marilla); Elijah was the brother of Nathaniel Seaver (1803-1859).
Nathaniel Seaver also had a brother, Thomas Wiesner Seaver (1809-1867) of Lyons, Michigan, who had six children at the time Nathaniel wrote his will. There is no mention of Thomas or his children in the decree above for some reason.
I have not searched for land or tax records for Nathaniel Seaver in Rensselaer County, New York and in Franklin county, New York. If I find some, I will report on it.
We are almost ready to find more records for Ann (--?--) Seaver. Unfortunately, there aren't many, but the family letters in Patti's possession will probably help us determine her maiden name. Stay tuned!
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