Peter Bell's Putnam County Will & Probate File
Excerpts:
I, Peter Bell, of the Town of Putnam Valley, in the County of Putnam, and State of New York, mineful of the uncertainties of human life, do make publish and declare this my last will and testament in manner following. . . . . . .
" First. I will and direct that all my just debts and funeral expenses be
paid.
Second. I give devise and bequeath to my son Watson Bell the sum of five
dollars
Third: I give and bequeath to my son Ashel Bell the sum of five dollars.
Fourth: I give devise and bequeath to my daughter Esther Jane Denny, wife of Richard Denny to my son John Bell, to my son Lewis Bell, to my daughterCaroline Barger wife of Reuben Barger, to my daughter Eliza Christian wife of George Christian, to my son Morris Bell, to my son Marcus Bell, to my sonNelson Bell, to my son Angelo Adolphus Bell, to my daughter Ellen Lucretia
Bell, to my son James Allen Bell and to a child now unborn with which my wifeJemima Bell is now __ and about 8 months pregnant with all of my estate and
property both real and personal be equally divided between them share and
share alike the child or children of deceased children taken the share which
his or her or their parent would have taken if living.
Fifth: I have heretofore given to my daughter Clarissa Brewer wife of John
Brewer the sum of five hundred dollars and upwards out if money that I had in
the house of James Brown of Peekskill which is all I intend to give her.
Sixth: I have heretofore given to my daughter Mary Ann Hadden wife of Noah
Hadden the sum of six hundred dollars and upwards out of money that I had in
the house of James Brown of Peekskill which is all I intend to give her.
Seventh: I will and direct that all of my property both real and personal be
sold by my executor within one year after my death and after paying all the
expenses attending the sale thereof the proceeds there of to be divided
equally between Esther Jane Denny, John Bell, Lewis Bell, Caroline Barger,
Eliza Christian, Morris Bell, Marcus Bell, Nelson Bell, Angelo Adolphus Bell,
Ellen Lucretia Bell, James Allen Bell and a child now unborn with whichJemima Bell wife of said testator is now pregnant and share and share alike.
Lastly; I hereby nominate and appoint my son Lewis Bell the sole executor of
this my last will and testament hereby revoking all former wills by me made
and I hereby authorize my said executor to make and execute all deeds and
conveyances for the purpose of carrying out the ....
Dated 23 Feb 1864
Witnesses: Charles H. Post & Aaron Post
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Codicil dated 19 April 1868:
..Whereas at the date of the said last will and testament, was so made before
the birth of my two youngest children to wit Sarah Francis and Peter and
whereas in said last will and testament there was no provision made for my
youngest child Peter.....
...said Sarah Francis and Peter each shall share and share alike in the
residual property
after excepting and taken out the special legacies mentioned and set forth in
my said last will and testament ( referring to any children of any possible
of his deceased children)..
Witnesses: Peter Denna and Cornelius Bloom
Codicil proved 9 Dec 1872 Edward Wright, Surrogate.
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Dated 15 July 1872
Probate Petition of Morris Bell
............respectfully showeth that said Peter Bell late of the town of Putnam Valley in said County, departed this life in said County 4th day of May in the year one thousand eight hundred and seventy-two. . . . . . . . . . . . .
Your petitioner shows further that the heirs and next of kin of said Peter Bell deceased are Watson Bell Asel Bell Mrs Mary Ann Hadden Mrs Caroline Barger Mrs Eliza Christian and your petitioner all residing in the town of Putnam Valley aforesaid Mrs Clarrisa Brewer residing in the town of
Phillipstown in said county of Putnam. Marcus Bell residing in Montrose Westchester County State of New York and Nelson Bell residing at Hillsdale State of Michigan Mrs Easter Jane Denny and Lewis Bell aforesaid residence unknown all of full age and Angelo Bell, Lucretia Bell, James Allen Bell ,
Sarah F. Bell, Peter Bell and Elsworth Bell all residing in the town of Putnam Valley and all minors having no general guardian his only surviving children.
That Jemima Bell residing on the said town of Putnam Valley of full age is the widow of the said Peter Bell deceased
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Dated 4 Dec 1872:
...and that Lewis Bell named sole executor named in said will is absent from
the state of New York that his place of residence is unknown to your
petitioner... whereby a delay unnecessarily produced in granting letters of
testamentary or administration in the matter and that it is uncertain....
that the property of the said deceased consists in part of cattle and that
is necessary that immediate steps be taken for the preservation or disposal
thereof. That there is no one left to take charge of said cattle or not hay
enough on the place to winter the same. That they would bring and sell for a
much better price now than to keep them to spring of 1873. Under the
circumstances and the way and manner they are left. That your petitioner has
to the best of his ability, estimated and __ the value of the said personal
property of which the said deceased died possessed and the same does not
exceed in value the sum of Two Hundred dollars. Which a memorandum of said
cattle an as follows 1 Pr Oxen 2 cows and one heifer......
signed Morris Bell
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Dated 29 Nov 1872:
Morris Bell appeared in person __ by Cyrus E. Nelson in support of the proof
of the will and codicil.
Ashel Bell appeared in person __ Charles H. Ferris his counsel in opposition
both (?) proof of said will and codicil....
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Dated 17 July 1872
All heirs are cited to appear at the Surrogate's Court on Cold Spring for the
probate of the Last will and Testament of Peter Bell on 14 September 1872 10
o'clock in the fore noon.
signed Edward Wright Surrogate
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On 20 July 1872 Cyrus E. Nelson sent the citation to Nelson Bell, Hillsdale,
Michigan, having paid the legal postage on it from the Post Office at the
village of Cold Spring.
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On 2 August 1872 Morris Bell served citations on Watson Bell, Angelo Bell,
Lucretia Bell, Jane Bell, Sarah Bell, Ellsworth Bell, Jemima Bell, and Peter
Bell.
On August 6 1872 he served the citation on Clarrisa Brewer
On August 13 1872 he served the citation on Caroline Barger
On 14 August 1872 he served the citation on Mary Ann Hadden
On August 22 1872 he served the citations on Christian and Marcus Bell
... that Lucretia Bell, James Bell, Sarah Bell, Ellsworth Bell and Peter
Bell are all under fourteen years of age and reside with said Jemima Bell their mother at the said town of Putnam Valley...
Dated 14 September 1872 signed Morris Bell
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Dated 12 October 1872:
Morris Bell has " since the 14th day of September 1872 he has made diligent
search for Asel Bell ... for the purpose of serving the said citation upon
him, but has been unable to find him. That he has traveled extensively in the
county of Putnam, Westchester, Orange, Ulster and Dutchess for the purpose
.... that this deponent is unable to ascertain the whereabouts of the said Asel Bell, that the said Asel Bell is a roving and unsettled practice
sometimes in one place and then in another-that he is a man of no family and
has no settled place of residence. And that this deponent from information
and belief is of the opinion that the said Asel Bell is endeavoring to avoid
the service of the said citation upon him
signed Morris Bell
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Dated 12 October 1872:
"the whereabouts of Asel Bell is unknown and cannot after diligent inquiry be
ascertained"
signed Edward Wright Surrogate
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Dated 29 Nov 1872
Theodore Travis is appointed special guardian for Angelo Bell, Lucretia
Bell, James Bell and Ellsworth Bell, six minor heirs at law and next of kin
of Peter Bell.... for the sole purpose of taking care of their interests in
the matter of proving the last will and testament.....
To the codicil- as a witness___ from the time of his fall spoken of by each
other witness and to the time of the execution of the codicil in question in
1868, had been a cripple and unable to walk around __as he went on crutches
and at the time this codicil was executed he was sick otherwise from what I
discovered I should think Mr. Bell's mind as the time of the execution of
this codicil was as well as it ever was
signed Cornelius X Bloomer
his mark
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Dated 29 Nov 1872
Cross examination of Charles H Post
- In Febry 1864 I resided in Putnam Valley, Putnam County and I reside there
now. I was not married at the time in February 1864 but have been married
since this will was executed in my Father's House in Putnam Valley. Myself
and my father and Mr. Lewis H. McCoy and Peter Bell, the testator, and my
Mother and the testator's wife were all that I remember was present at the
execution of the will in question - I think Lewis Bell was also present, am
not certain- I was twenty five years of age at the time of the execution of
this will. I had probably known the Testator fifteen years previously to the
execution of this. This will was executed in the kitchen. Either The Testator
or Mr McCoy asked me to be a witness to this will. McCoy was present at the
time Testator signed this will and ___ myself and my Father signed it as a
witness - I was present when McCoy came to the house on this occasion- I was
not present during all the time McCoy was there up ___ his of signing of the
will by Testator.
I heard the will read in the presence of all persons, I have before now as
being present on that occasion and before I signed it as a witness- It was
read by Mr. McCoy before the Testator or the witness signed it. and Mr. McCoy asked him if it was his will and he said it was. the Testator had lived at my
fathers house but a short time before the will was executed.
The Testator at the time this will was executed was on his bed and pretended
to be sick- but he ate and talked well enough- he was in the condition some
days previous to occasion mentioned and was brought there in this condition. Dr Hall of Putnam Valley was his attending physician at this time. He is now
living in Putnam Valley. the Testator was around until he had a fall which
put him to bed. The Testator and his wife used to frequently quarrel with
each other- I once saw testator and his son Morris have a spat. His wife Jemima Bell often left home and would be gone for some three or four days or
so at a time. She may have been gone two week, but I can't say.
We were all present when we signed a_ ____ and Testator signed his name. His
mind to the execution appeared to be as good condition as was previous to his
illness.
signed Charles H Post
Aaron Post on his cross examination certifies as follows-
The will in question shown witness the name Aaron Post to the ___ claim of
this will is my signature. I did not write it. It was written by my having
to hold a pen and Mr McCoy wrote it. I at this time lived in Putnam Valley.
This will was executed at my house- I was present when Peter Bell signed this
paper- myself and my son Charles and Mr McCoy and Testator and his wife Jemima were all that I recollect of being present at the execution- I saw
McCoy when came- I think there was no one with him- Testator at this time
appeared to be well enough, __ that he was lame and could not get up. He ate
and talked well enough. The cause of his lameness was the result of a fall.
He perhaps was 6 or 8 days at my house before this will was executed.
Testator could raise off in __ bed but could not walk. I did not see as there
was anything the matter of his mind all while he was at my house. Bell and
his wife had family difficulties and I believe he and his son Morris had a
few little (?)ars. The difficulties with his son Morris were some time before
the will was executed. I knew Dr Hall- he attended Testator once or twice
while he was at my house. signed Aaron
Post
`````````````````````````````````````````````````````````````````````````````` Dated 9 Dec 1872:
Morris Bell and Ashel Bell appeared in person and Ashel Bell having withdrawn
his opposition...
10 June 1873 Petition of Morris Bell showing the widow, legatees, heirs at
law and next of kin of deceased and their residences-
Jemima Bell the widow of full age resided at Putnam Valley, Putnam County, NY
Angelo Bell a son & legatee residing at Putnam Valley, Putnam Co., NY
Lucretia Bell a daughter & legatee "
James A Bell a son & legatee "
Sarah F. Bell a daughter & legatee "
Peter Bell a son & legatee "
Watson Bell a son & legatee "
Ashel Bell a son & legatee " at New Paltz Ulster Co., NY
Lewis Bell a son & legatee " at Mattewan, Dutchess Co. NY
Caroline Barger a daughter & legatee " at Carmel Putnam Co, NY
Eliza Christian a daughter & legatee residing at Putnam Valley, Putnam Co.,
NY
Marcus Bell a son & legatee " at Montrose, Westchester Co, NY
Nelson Bell a son & legatee " residence unknown
Esther J. Denney a daughter & legatee " Hillsdale County of Michigan
and your petitioner Morris Bell a son and legatee residing at Putnam Valley,
Putnam Co.,NY affirmed all of full [age] except said Angelo Bell, Lucretria
Bell and James A Bell who are minors over fourteen years of age having no
legal guardian and said Sarah F Bell and Peter Bell who are minors under
fourteen years of age, having no General Guardian
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Letters of Administration removing Lewis Bell as executor and granting it to
Morris Bell. dated 10 June 1873
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Articles Inventoried
1 Ox yoke .20
1 Main 1.75
1 Plow 1.55
1 grind stone .65
1 wagon 9.50
1 sled .50
1 cow 19.00
1 cow 28.00
1 heifer 41.50
1 yoke oxen 115.25
1 half stack of hay 10.75
Total 228.65
The following are exempt from appraisement to remain in the possession of
Jemima Bell...
stove, family bible, one cow, one table, six chairs, six plates. one sugar
dish, necessary wearing apparel, beds, bedsteads and bedding, one milk pot,
cooking utensils, family clothing, clothes for widow, ornaments for widow,
one teapot. six knives and forks, six spoons, six teacups and saucers
in addition to the above the following not to exceed $150.00-
1 safe 5.00
1 table .35
2 calves 12.60
1 cow 55.00
1 lot hay 17.00
Total $89.95
Dated 28 July 1873 signed James Williams and George Curry
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Dated 30 June 1877
At a special term of Supreme Court at the Court House in the City of Brooklyn
on the 30th day of June 1877
Present Hon Calvin E Pratt Justice
Morris Bell and Phebe Bell his wife agst
Jemima Bell, Angelo Bell, James A Bell, Ellen Lancaster Bell, Sarah F Bell,
Peter Bell, Lewis Bell and his wife Mary E Bell, Watson Bell and his wife
Sarah Bell, Ashel Bell, Eliza Christian, Marcus Bell and his wife Sarah Bell,
Esther Jane Denney, Nelson Bell and his wife Mrs Nelson Bell and Clarissa
Brewer
Upon a motion made in this action upon the pleadings and proceedings herein
and upon the affidavits of the Plantiffs counsel Silas J Owen and with due
proof of the notice of motion made and served upon Seymour B Nelson guardian
ad-__ for the infant defendents in this action and D W Travis attorney for
the defendant Mary E Bell which service was duly admitted and upon the
motion in favor of the said motion and no one appearing to oppose the same-
Ordered that the sale of the said Trustee Morris Bell of the real estate of
the late Peter Bell decd ( appointed by an order of this court made as a
special term of the Supreme Court held at the Court House in the city of
Poughkeepsie on the 15th day of November 1873) to one Seth Whitney for the
sum of $2500, be and is in all things confirmed, and further that the amount
of the said sale of the said real estate to with: the sum of $2500 shall be
included in the assets of the late Peter Bell dec'd and that the said Morris
Bell shall account for the same as administrator with the will annexed of the
late Peter Bell dec'd on his final accounting for the same before the
Surrogate of the County of Putnam the same as if the execution had in as an
executor and had entered upon his trust and he said Surrogate shall be
empowered to enter his order of final distribution the same as if the
execution mentioned in the last will and testament of the late Peter Bell decd had duly sworn in and entered upon his duties in pursuance there of and
was upon his final accounting before the said Surrogate to him the said
Morris Bell as administrator with the will annexed/
Enter in Putnam Co. CWP
JSC
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Dated 15 August 1877:
Morris Bell says he served the annexed citations upon personally:
Jemima Bell April 25, 1877 at Putnam Valley, Putnam Co., NY
Angelo A Bell April 25, 1877 at Carmel, Putnam Co., NY
Lucretia Bell April 25, 1877 at Putnam Valley, Putnam Co., NY
James A Bell April 26, 1877 at Putnam Valley, Putnam Co., NY
Sarah F Bell April 25, 1877 at Putnam Valley, Putnam Co., NY
Peter Bell April 25, 1877 at Putnam Valley, Putnam Co., NY
Watson Bell June 5, 1877 at Putnam Valley, Putnam Co., NY
Ashel Bell June 28, 1877 at Putnam Valley, Putnam Co., NY
Eliza Christian July 9, 1877 at Putnam Valley, Putnam Co., NY
Marcus Bell April 27, 1877 at Cortlandt Westchester Co., NY
And deponent further says that on the 5th day of June 1877 he send said
citation on Nelson Bell and Esther J Denney children and legatees of Peter
Bell deceased named in said citation by depositing in the post office at
Cold Spring, Putnam co.,NY copies therein of separately enclosed in envelopes
sealed and directed as follows-
"Nelson Bell, Hillsdale, Michigan"
"Esther June Denney, Hillsdale, Michigan" And deponent further says that at
the time he so de___ said citation in the post office as aforesaid he paid
the legal postage.
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Dated 17 October 1877:
It discusses that Morris was made administrator 18 months earlier and lists
all who are entitled to a share and that all accounts are finally settled.
It also mentions that his widow Jemima is now
Jemima Barrett (having married Floyd Barrett).
It also mentions Caroline Barger deceased daughter & legatee of said Peter
Bell.... Caroline Barger died intestate leaving her husband Reuben Barger of
the town of Carmel in said County of Putnam... also her two children Rosalie
Barger and Orlando Barger...
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Proceeds of sale of personal property $227.71
Proceeds from sale of the real estate $2500.00
Total $22727.71
Funeral Expenses and expenses of administration $1550.97
Debts of the deceased, The administrator has paid
to Reuben Barger ___ guardian of Rosalie Barger
and Orlando Barger full payment of the legacy of
Caroline Barger deceased daughter $43.12
The Administrator credited the gross sum to which
Jemima Bell was __ of the proceeds of the sale of
the real estate of Peter Bell deceased 541.74
By administrator ____ 94.44
$2200.27
[note- these figures don't make any sense, I may be reading the poor
handwriting incorrectly]
Leaving a balance for the purpose of distribution to legatees under said Will
of Five hundred twenty seven dollars and forty four cents.
$527.44
And it is further ordered adjudged and decreed that the said administrator
with the will ___ pay out of said balance to Watson Bell or his ___ in full
payment of his legacy under said will the sum of five dollars.
That he pay to Asahel Bell a legatee under said will in full payment of his
legacy the sum of five dollars.
That he pay of said balance to John Bell, Esther Jane Denney, Lewis Bell,
Eliza Christian, Morris Bell, Marcus Bell and Nelson Bell or their assigns
each the sum of forty three dollars and twelve cents in full payment of their
respective legacies under said will.
And it is further ordered that the shares of Angelo A. Bell, Ellen Lucretia
Bell, James A. Bell, Sarah F. Bell and Peter Bell minor children of said
testator and legatees under said will being forty three dollars and twelve
cents to each be paid __ court and applied by the Surrogate for their
benefit.
Edward Wright Surrogate
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15 Aug 1877 Augustus Hazen appointed Special Guardian of minors Angelo Bell,
Lucretia Bell, James A Bell, Sarah F Bell, Peter Bell.
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Dated 7 April 1879:
Jemima Bell of the town of Putnam valley in the said county being sworn says
that she is the widow of Peter Bell late of said town of Putnam Valley
deceased; that she is the mother of Angelo Bell who was a son of said
deceased that the said Angelo A Bell was twenty-one years of age on the 24th day of March A.D. 1879
her
Jemima X Bell
mark
Received of Edward Wright Surrogate of Putnam County forty three dollars and
twelve cents in full payment of my legacy under the last will and testament
of my father Peter Bell deceased. Dated ___ April 8th 1879
Angelo A. Bell
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Putnam County
Amos Tompkins of the Town of Putnam Valley in said county being
duly sworn says that the estate of Peter Bell __ is justly indebted to him in
the above amount and that no part has been paid and there is no off sett
against the same to the knowledge of this deponent
dated 16 March 1874
Amos J Tompkins
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Supreme Court Putnam County
J Hoxen Derry gst
Morris Bell as administrator with the will annexed of the estate of Peter
Bell deceased
Received of Morris Bell as administrator with the will annexed
of the estate of Peter Bell deceased one hundred and seventy three dollars
and ninety six cents in satisfaction of the judgement entered herein on the
13th day of February 1875 Dated May 8, 1875
Samuel J
Owen
Atty for _eff
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Supreme Court
Andrew McIlrory vs Morris Bell
Received of the defendent Morris Bell the sum of $332.30 being the amount of
judgement and cost and disbursement on an execution issued in the above __ __
and did thenly satisfied the said expense
dated April 2, 1877
James O Cole
___Sheriff of Putnam Co.
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Peekskill
Aug 11th 1877
Whereas in the matter of the settlement of the estate of Peter Bell dec of
the Town of Putnam Valley Putnam county NY there was costs and allowances due
from estate to Silas J Owen Atty & Counselor at Law Cold Spring NY the sum of
$177.50/100 Dollars and whereas son Silas J Owen Junior __ this late as
signed to Seth Whitney of the Town of Yorktown Westchester Co, NY his claim
to and all his right -tithe and interest __ and to paid same to him so due
and whereas I the said Seth Whitney have this day received of Morris BellAdministrator with the will annexed of the estate of said Peter Bell decd the
aforesaid sum
Now there fore I do hereby acknowledge the receipt of said
$177.50/100 from the hands of said Morris Bell Administrator __ as aforesaid
this day 11th day of August 1877
Witness
Seth
Whitney
Elberty T Janus
State of NewYork
Putnam county
Jemima Barrett of the town of Putnam Valley in said county being duly sworn
says that she is the widow of Peter Bell late of the said town of Putnam
Valley deceased that she was 44 years of age on the 26th day of May 1877.
Sworn to before me her
this 16th day of October Jemima X Barrett
1877 mark
Sela Armstrong
Notary Public
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Estate of Peter Bell deceased
Assets . personal $227.71
Real Estate 2500.00
2727.71
Debts $1550.97
Widow's (?) right 511.74
Watson legacy 5.00
Ashel legacy 5.00
Ex. Commission(?) 94.44
2167.15 560.56/13 = 43.12
Angelo Adolphus Bell $43.12
Lucretia Bell 43.12
James Allen Bell 43.12
Sarah F Bell 43.12
Peter Bell 43.12
$215.60/100 Received of Morris Bell the administrator with the will annexed
of Peter Bell late of the town of Putnam Valley in the county of Putnam
deceased two hundred fifteen dollars and sixty cents being the shares of
Angelo Adolphus Bell, Lucretia Bell, James Allen Bell, Sarah F Bell and Peter
Bell infants and children and legatees of said Peter Bell deceased- the same
to be invested by the Surrogate of Putnam county foresaid infants and to be
paid to them when they arrived at age
Dated October 16th 1877
Edward Wright
Surrogate
$43.12 Received of Morris Bell the administrator with the will annexed of
Peter Bell late of the town of Putnam Valley in the County of Putnam deceased
forty three dollars and twelve cents in full payment of the legacy given by
the will of said deceased to Caroline Barger now deceased
Dated October 16th 1877
Reuben Barger General Guardian
of Rosalie Barger
& Orlando Barger
Children of Caroline Barger
deceased
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In the matter of the final
accounting of Morris Bell
the administrator with the
will annexed of Peter Bell
late of the Town of Putnam
Valley in the County of Putnam decd
Received from William Wood Surrogate of Putnam County the sum
of $55.72 in trust for Peter Bell an infant heir of said Peter Bell. said
money being paid to me by said surrogate in pursuance to an order of the
General Term of the Supreme Court of the Second Judicial District of the
state of New York and on the 11th day of December 1884. Confirming the report
of Edward Wright the referee appointed by said court to examine the accounts
of said Surrogate. And in pursuance of section 4 of Chapter 350 of the laws
of 1884
Hillyer Ryder treasurer of
Putnam County NY
State of New York
Putnam county On this 15th day of January 1885 before me personally came
Hillyer Ryder Treasurer of Putnam County who executed the aforesaid
instrument and he acknowledged that he executed the same
Ambrose Ryder
Notary Public
Putnam County
NY
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Deponent prays that the court will grant order allowing her to draw upon her
order or the full amount of said legacy.
Sworn before me
March 29th 1884 Frances X
Zealoff [her mark]
William C Lickely Justice of the Peace
Surrogate Court Putnam county
For the matter-
Paying over to Frances Zealoff
a legatee her share on __
at the age of 21 years
in the last will and testament of
the late Peter Bell decd
Putnam County- Jemima Barrett by duly sworn says that she was the wife and
widow of the late Peter Bell decd when will has been duly administered to
probate by the court- That she is the mother of your petitioner Frances
Zealoff wife of Andrew Hill Zealoff and that she said Frances Zealoff maiden
name was Frances Bell and is the daughter of the late Peter Bell died and is
one of the legatees in the said will of Peter Bell decd which has been as
aforesaid admitted to probate- and she knows that on the 25th day of March
1884 the said Frances Zealoff will be of the age of twenty one years.
Sworn before me
March 29th 1884 Jemima X
Barrett [ her mark ]
William C Lickely Justice of the Peace
Dated 1 April 1884:
Morris Bell is duly sworn and states that he is well acquianted with
Frances Zealoff that she is a half sister to deponent. That before her
marriage her name was Sarah F. Bell....
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