This probate record was transcribed and donated by Bruce Stewart who currently lives in Arizona and writes ~
"Roberts will, the one attached, is the
first document I found on a two week stay in Johnstown. This time was intended just for
research and nothing
more. We had a wonderful time meeting so many people who cooperated with us in our search for family. We found much of Johnstown history interesting and of course all new to us. FOR EXAMPLE, WE FOUND THAT ONE OF THE WITNESSES TO ROBERT'S WILL, DANIEL CADY, IS THE FATHER OF ELIZABETH CADY STANTON. THE SUFFRAGETTE WHO WORKED CLOSELY WITH SUSAN B. ANTHONY.
After finding this wonderful will we parked our RV ON GREEN ST next to the black limestone wall of the Colonial Cemetery daily for almost a week. We walked around town just looking at buildings and businesses as we went to and from the court house. We visited the Drum House next door to the cemetery and across the street the Historical Society Museum. The 'old' Presbyterian Church on N Market St and the 'new' one on S. Market St across from the Library. Each had it's own flavor and story to tell.
We found the family Homestead through the information contained in the Will. It took several days until we could find the current owner. His first remark was "Oh . . the Stewart Homestead". We walked the land found the old building foundations and an abandoned road. And the final rose in the wonderful research bouquet, we found Robert's grave. THIS WAS FROM A CEMETERY LISTING FOUND BY CHANCE IN THE DRUM HOUSE. All this time it was right next to us. The Colonial Cemetery!!! Next to him was his wife Jane, daughter Catherine and also (we think) his older brother John's WIFE ANN.
We continue our Johnstown research through the internet and the mails. We have followed up on some of Roberts children. Robert and Daniel in Little Falls. Catherine in Smithfield. We would like to find more on the rest of the children. Another trip to New York is being contemplated seriously . ."
Last Will and Testament of Robert Stewart, Records of the Surrogate Court, Montgomery County, Fonda, New York, Book #6, Pages 135-6. October 30, 1837.
| Robert Stewart |
In the name of God, Amen. I, Robert Stewart of Johnstown in the County of Montgomery, and State of New York, being in good health of body and of sound mind and memory. Do make and publish this, my last will and testament, in manner and form following. Vis. First - I bequeath to Jane my beloved wife one room of my dwelling home, that is to say her choice of the rooms with the privilege of the joint use of the cellar and porch together with the joint use of the garden, barn, stable, and every other privilege about the buildings and the farm according to her need. I bequeath to her two of my cows Vis. her choice of them and six of my sheep Vis. her choice of them; both these cows and sheep aforesaid to be kept and fed, by my son William for his mother, with hay and pasture in summer & winter, in the same manner in which his own cows and sheep are fed and kept. And that my said son, William, provide a horse and waggon for his said mother to carry her to meeting and to any other place where she desires to go. Likewise I bequeath to her one stove, and as much of my household furniture, as she needs & thinks necessary for her own use. Likewise I bequeath to her for her maintenance yearly and every year ten bushels of wheat, eight bushels of Indian Corn, five bushels of rye, twenty bushels of potatoes, one bushel of salt, one barrel of cider, as many apples as she shall need or use, one fat hog weighing from one hundred & twenty pound weight to two hundred pound weight, one quarter of fat beef weighing from sixty pound weight to one hundred pound weight, twelve pounds of flax, twenty dollars in cash & as much firewood as she shall need, to be brought to her chopped and left at the door, ready for her use. The said quantities of grain to be given to her in the winter of each year, or at any other time of the year that she has need of it, the potatoes, salt & cider in the fall or winter, the pork and beef at killing time, the flax in the fall or winter and the cash on the first day of March in each year during her natural life and all these aforesaid bequests are during her natural life. - I bequeath to my son Alexander one hundred dollars to be paid to him one year after my death. I bequeath to my son James, to my son Robert, to my son Daniel, to my son Joseph, to my son David, to Robert the son of my son John, deceased, and to my son Charles; each thirty dollars to be paid to each of them after their mothers death except my son Charles, who is not to receive it himself but it is to be paid to his son David to be expended for the benefit of his father. - I bequeath to my daughter Catherine (Note: Catherine was dead at the time this will was probated, she died in 1824) to my daughter Christiana and to my daughter Jane, each twenty dollars, to be paid to each of them after their mothers death - I bequeath to my son William the lot of land on which I now dwell, to him and his kins forever Vis. Lot number fifty eight in the western allotment of Kingborough, together with all my goods and chattels and movable effects of every sort to be by him enjoyed in the same manner that I now enjoy these things myself, subject however to the payment of the legacies herein bequeathed. And lastly I hereby appoint John Hillebrant, Frederick M. Moore and Dougall Stewart to be executors of this my last will & testament, hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal this sixth day of September in the year of our Lord one thousand eight hundred and thirty three. /s/ Robert Stewart /initials?/
Subscribed and sealed by the said testator as the author of in the presence of the undersigned attending witnesses, the said testator at the time of making of the said subscription declaring the above instrument so subscribed to his last will and testament and each of the undersigned attesting witnesses then and there signing his name at the end of the said will at the request of the said testator.
Daniel Cady of Johnstown, in the County of Montgomery.
Giles F. Van Vechten of Johnstown, in the County of Montgomery.
State of New York, Montgomery County SS. Be it remembered that at a Surrogate Court held for the said County of Montgomery, at the Surrogate's office in the Village of Johnstown in the said County before Tobias A. Stoutenburgh, Surrogate of the said County on the thirteenth day of October in the year of our Lord One thousand eight hundred and thirty seven the last will and testament of Robert Stewart late of the said County deceased (a copy whereupon hereunto annexed) was admitted to probate by the said Surrogate, after a citation to the widow and next of kin to the said deceased, issued sworn returned and filed according to law, satisfactory proof having first been made of the circumstances of the delivery and possession of the said wife, and also of the execution thereof by the deposition of Daniel Cady and Giles F. Van Vechten the subscribing witnesses to the said will copies of which depositions are also hereunto annexed. Whereupon I the said Surrogate upon the proof aforesaid being satisfied of the genuineness and validity of the said will, the testator at the time of executing the same was in all respects competent to devise real estate and not under restraint, do therefore order that the same be admitted to probate, and these letters of testamentary thereon be granted to the executors named in the said will. In testimony whereof, I the said Surrogate have hereunto set my hand and affixed the seal of my office. Done at the Village of Johnstown aforesaid, this day and year first aforesaid.
/s/Tobias A. Stoutenburg
Montgomery County Surrogate Court SS. In the matter of the probate of the will of Robert Stewart late of the County of Montgomery deceased which will relates to both real and personal estate. Daniel Cady of the town of Johnstown in the County of Montgomery, being first duly sworn deporthith and saith that he saw the said Robert Stewart deceased seal and execute the instrument now shown to him this deponent which said instrument purports to be the last will and testament of the said Robert Stewart deceased, bearing the date the sixth day of September in the year of our Lord one thousand eight, hundred and thirty three, that he heard the said Robert Stewart publish and declare the same to be his last will and testament, that he, this deponent did subscribe his name as a witness thereto at the request of the said Robert Stewart, and further that at the time thereof the said Robert Stewart was of sound and disposing mind, memory and understanding, of full age and not under any restraint.
Subscribed and sworn to before me Oct 30th, 1837
/s/ Tobias A. Stoutenburg Surrogate
Montgomery County Surrogate Court SS. In the matter of the probate of the will of Robert Stewart late of the County of Montgomery deceased, which will relate to both real and personal estate. Giles F. Van Vechter of the town of Mohawk in the County of Montgomery, being first duly sworn deportith and saith that he saw the said Robert Stewart deceased seal and execute the instrument now shown to him this deponent which said instrument purports to be the last will and testament of the said Robert Stewart deceased bearing date this sixth day of September in the year of our Lord one thousand eight hundred and thirty three, that he heard the said Robert Stewart publish and declare the same to be his last will and testament, that he, this deponent did subscribe his name as a witness thereto at the request of the said Robert Stewart and further that the time thereof the said Robert Stewart was of sound and disposing mind, memory and understanding of full age and not under any restraint.
/s/G. F. Van Vechter
Subscribed and sworn to before me Oct. 30th 1837
/s/ Tobias A. Stoutenburg, Surrogate
I, Tobias A. Stoutenburg of the County of Montgomery do hereby certify
that the foregoing are true copies of the last will and testament, probate and proofs
thereof of Robert Stewart deceased.
Registered Oct. 30th 1837. /s/ Tobias A. Stoutenburgh
A petition by the probate lawyer, John Hillebrant, to the will of Robert Stewart. In File #4, Surrogate Court Records, Montgomery County, Fonda, NY
To the Surrogate Court of the County of Montgomery
The petition of John Hillebrant
That Robert Stewart, late of the town of
Mohawk in the County of Montgomry, died a natural death at his residence in said town of Johnstown
Mohawk on the twenty third day of June last past, leaving a last will and testament by him
duly executed, and did therein and timely appoint your petitioner as executor thereof,
that the said deceased died leaving a widow, to wit, Jane Stewart residing in said town of
Mohawk and the following children to wit:
Alexander Stewart residing in Manlius, Onondaga Co., N. Y.
Charles Stewart residing in Johnstown, Montgomery Co., N. Y.
James Stewart residing in Manlius Onondaga Co., N. Y.
Robert Stewart residing in Little Falls, Herkimer Co., N. Y.
Daniel Stewart residing in Little Falls, Herkimer Co., N. Y.
Joseph Stewart residing in Lenox, Madison Co., N. Y.
William Stewart residing in said town of Mohawk, (Montgomery Co., N.Y.)
David Stewart residing in Watervliet, Albany Co., N. Y.
Christie, wife of Daniel Stewart, residing Caledonia, Livingston Co., N. Y.
Jane, wife of Alexander Stewart residing in Lenox, Madison Co., N. Y.
and the following grandchildren, children of his deceased son John Stewart and Catherine, wife of Robert Stewart to wit:
(children of son John Stewart)
Robert Stewart residing in Johnstown, Montgomery Co., N. Y.
Christie Stewart residing in Johnstown, Montgomery Co., N. Y.
Jani Stewart residing in Johnstown, Montgomery Co., N. Y.
(children of daughter Catherine Stewart)
Jane Stewart residing in Lenox, Madison Co., N. Y.
James Stewart residing in Lenox, Madison Co., N. Y.
Jennett Stewart residing in Smithfield, Madison Co., N. Y.
Christie Stewart residing in Smithfield, Madison Co., N. Y.
Margaret Stewart residing in Smithfield, Madison Co., N. Y.
Daniel Stewart residing in Smithfield, Madison Co., N. Y.
Robert Stewart residing in Smithfield, Madison Co., N. Y.
and that the said last named Daniel Stewart and Robert Stewart are minors under the age of twenty one years. And the said will having relation to both real and personal estate - and as your petitioner has been informed and believes the said Surrogate has the sole power to admit the said will, to proof and grant letters testamentary thereon. Whereupon prays that the said widow lives, and next of kin to the said deceased may be cited and required to be and appear before the said Surrogate at such time and place as the said Surrogate may appoint to appear or support as they may see fit the probate of said will. Dated July 25, 1837.
Montgomery County SS
Surrogate Court SS. The said John Hillebrant being duly sworn says that the facts set forth in the foregoing petition by him subscribed as true to the best of his knowledge information and belief.
Subscribed and sworn to,
before me July 25th 1837
Tobias A. Stoutenburg Surrogate
NOTE: Written on the back of this document were the itemized court costs for this probate. Total:$25.84
The above petition was transcribed from the original by Bruce M Stewart, with the assistance of Mary K Stewart to the best of their ability to interpret the legal and handwritten text. Commas, periods and semi-colons were added in appropriate places to make the text flow and be more readable. Additions are italicized. (6/25/96)
Copyright ©1999, Jeanette Shiel
All Rights Reserved.
Last updated Tuesday, 13-May-2008 13:08:20 PDT