Monday, November 27, 2023

Amanuensis Monday -- 1865 Will of Benjamin F. Seaver of Orange, New Jersey

 This week's document for transcription is the 1865 will of Benjamin F. Seaver (1810-1866), in the Kings County, New York Surrogate Court records.

*  Kings County, New York Surrogates Court Records, Wills Vol. 0034, Page 497, image 295 of 609:

*  Kings County, New York Surrogates Court Records, Wills Vol. 0034, Pages 498-499, image 296 of 609:

The transcription of this document is:

I Benjamin F. Seaver of the Town of Orange in the State
of New Jersey, being of sound mind and memory do make
publish and declare this my last Will and Testament as follows:
First, I empower and direct my Executrix hereinafter ap-
pointed to sell and dispose of and execute conveyances for
in such manner and upon such terms as she in her
judgment may deem best all or any of the real estate of
which I may die seized and such of my personal property
as may be unproductive, and out of the proceeds thereof
my Executrix shall pay all of my lawful debts and the
rest and residue of my said state so sold shall be invested
in State or Government Securities or in such other secur-
ities as may be deemed secure and profitable to be dis-
posed of as hereinafter provided.

Secondly, I hereby give and bequeath to my beloved
wife Lucy Barrett Seaver all of my property both real and
personal of every name and nature wherever the same may
be situated.
I have made this disposition of my property believing that
it is for the interests of all my heirs that there would
be no division of the estate, but I am not unmindful
of my children having had in view that their grandfather
may leave them respectively moderate incomes.
It is my desire that my wife will in her discretion
give to my children living at my death such portion
of my estate as she may deem expedient and particu-
larly to do so should it be necessary in order that they
may start successfully in life.

Thirdly, I desire my Executrix hereinafter appointed to
divide and distribute as she shall see fit amongst my chil-
dren who may survive me any small personal effects
such as my Watch, Shirt Studs, Canes, and the like, wishing
my children to retain them as mementoes of me.

Fourthly, I hereby nominate and appoint my beloved wife
Lucy Barrett Seaver as the sole Executrix of this my last Will
and Testament, hereby revoking all former Wills made by me.

In Witness whereof I have hereunto set my hand and
seal this 12th day of May 1865.
                                                           Benj'n F. Seaver  {L.S.}

Signed, sealed published and declared as and for his last
Will and Testament b the said Benjamin F. Seaver in the
presence of us who in his presence and the presence of each
other and at his request have hereto set our names as
witnesses thereto.
     Daniel G. Wild, residing in Putnam ave. near Bedford ave.,
Brooklyn, N.Y.
     David Thornton residing at No. 9 Division st., New York.
     Sidney L. Harris residing at 77 East 35th st., N.Y. office 108
Broadway, N.Y.

Essex County, SS.  Sidney L. Harris, one of the witnesses to
the annexed writing, purporting to be the last Will and
testament of Benjamin F. Seaver the Testator therein named,
deceased, being duly sworn on his oath doth say that he saw
the said Testator sign and seal the said annexed writing and
heard him publish, pronounce and declare the same as and for
his last Will and Testament.  That at the time of the doing
thereof the said Testator was of sound disposing mind,
memory and understanding as far as this deponent knows,
and as he verily believes; that Daniel G. Wild and David
Thornton the two other subscribing witnesses thereto were
present at the same time with this deponent and together
with him subscribed their names thereto as witnesses in the
presence of the Testator and of each other, at the request of
the Testator, and that said Testator died more than ten days

Sworn Jany 31st, 1866  }               Sidney L. Harris
before me
          W'm H. Webster

Essex County, S.S.  Lucy Barrett Seaver the Executrix in the
annexed writing named being duly sworn on her oath
doth say that the annexed writing contains the true
last Will and testament of Benjamin F. Seaver the Testator
therein named, deceased, as far as she knows and as she ver-
ily believes; that she will, as the Executrix thereof, well
and truly perform the same, first by paying the debts
of said deceased, and then the legacies therein specified, as far
as the Goods, Chattels, and Credits of said deceased will there-
unto extend, and the law charge he; that she will make
and exhibit into the Surrogates Office of the County of
Essex a true and perfect Inventory of all and singular
the said Goods, Chattels and Credits, as far as the same have
or shall come to her possession or knowledge, or to the pos-
session of any other person or persons to her use, to her know-
ledge.  And that she will well and truly account when
thereunto lawfully required.
Sworn  Jany 31'st 1866  }                    Lucy B. Seaver
before me                        }
                   W'm H. Webster

Probate of the foregoing Will was duly issued as follows:
Essex County Surrogates Office.
|  Estate sworn under $ 64,000.   |
| U.S.I.R. stamp       $32.60         |
cancelled.                                    |

I William H. Webster, Surrogate of the County of Essex,
do certify the annexed to be a true copy of the last Will
and Testament of Benjamin F. Seaver, late of the County of
Essex, deceased, and that Lucy Barrett Seaver, the Executrix therein 
named, proved the same before me, and is duly authorized to
take upon herself the Administration of the estate of the Tes-
tator agreeably to the said Will.

{ Seal}   Witness my hand and seal of Office, the
                 thirty-first day of January, in the year of
                 Our Lord one thousand eight hundred
                 and sixty-six.
                                      W'm H. Webster

The source citation for this will is:

New York Surrogates Court, Probate files, Kings County > "Wills, Vol. 0034-0035, 1863-1868," Vol. 0034, pages 497-499,  (images 295-296 of 609), Benjamin F. Seaver will, written 12 May 1865, proved 31 January 1866; "New York, U.S., Wills and Probates, 1659-1999," indexed records with digital images,   ( : accessed 12 November 2023); Original data is from New York County, District and Probate Courts filmed by FamilySearch.

Benjamin Francis Seaver (1820-1866) was born 14 August 1820 in Roxbury, Massachusetts, the son of Benjamin and Lucy (Johnson) Seaver.  He died 19 January 1866 in Orange, Essex County, New Jersey. He married Lucy Barrett Jewett (1823-1909) on 30 May 1844 in Rowley, Massachusetts.  They had four children:

*  Lucy Jewett Seaver (1844-1916), married 1874 William Richard Trippe (1846-1923).
*  Henry Gardner Seaver (1845-1931), married 1880 Cornelia Ridgeway Latta (1854-1922).
*  Grace Milton Seaver (1855-1856).
*  Benjamin Frank Seaver (1858-1929).

The pages above are a Kings County, New York Surrogates Court clerk's copy of a Essex County, New Jersey Surrogate's Court clerk's handwritten copy of the original will, transcribed to the court record book and therefore a Derivative Source.  It is Primary Information and Direct Evidence of the relationships, dates and places noted therein.  It was probably included in the Kings County Surrogate Court records because that was where Benjamin F. Seaver's real estate was located. 

There may be other records for this probate file, perhaps an inventory, bond, account and distribution.  They may be in either Kings County, New York or Essex County, New Jersey records, or both.  There may be a Probate record for Lucy Barret (Jewett) Seaver also. 

I am a sixth cousin four times removed to Benjamin Francis Seaver (1820-1866), with the common Seaver ancestor being 9th great-grandfather Robert Seaver (1608-1683).


NOTE: 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."

Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.

Copyright (c) 2023, Randall J. Seaver

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