Probate Record for Philetus
Phillips

Original Record located at the Vedder Memorial Library and transcribed by Arlene Goodwin

Box No. 318         Pkg. No 7290


Surrogate’s Court

Greene County
SURROGATE’S COURT

In the matter of the Administration of the Goods, etc., of

Philetus Phillips   Deceased

 PETITION OF LETTERS

Filed Decm. 23d, 1881

STATE OF NEW YORK  )
NEW YORK COUNTY   ) SS.          I, Aaron G. Crane do solemnly swear and declare that I will  honestly and faithfully discharge the duties of Administrator of the goods, chattels and credits which were of Philetus Phillips, late of the town of Greenville, in the county of Greene and State of New York, deceased. 

Subscribed and sworn before me this 20th day of )       Aaron G. Crane
December  1881
H. A. Bloodgood,  Surrogate
Notary Public
City and County  New York.

State of New York     )
Greene County          )   ss   I Elmira C. Phillips, do solemnly swear and declare that I will honestly and faithfully discharge the duties of Administratrix of the goods, chattels, and Credits which were of Philetus Phillips, late of the Town of Greenville in the County of Greene and State of New York, deceased  

Subscribed & Sworn before me this 17th day of
December, 1881  James Stevens                                          Elmira E. Phillips
  
                           Notary Public. 

PETITION FOR LETTERS OF ADMINISTRATION.

TO THE SURROGATE OF THE COUNTY OF GREENE: 

The petition of Elmira C. Phillips of the town of Greenville in the county of Greene, respectfully showeth:

 That Philetus Phillips died at his residence in the town of Greenville in the county of Greene, on or about the 13th day of September, 1881, being at the time an inhabitant of said county of Greene; that said deceased left no Will, as far as your petitioner has heard or been able to discover; that he left surviving, the following Nephews and nieces viz, Edward Phillips and Lucinda Bates of Cork Ashtabula  Co. Ohio, Eliza Terry of Hempstead Suffolk Co., N. Y. Charles Phillips Fair Grove Tuscola Co. Michigan, William Phillips, Philetus Phillips of Yaphank Suffolk Co. N. Y., Nancy Phillips Swezey, Middle Island Suffolk Co. N.Y. and Uranice Buckingham of Peconic Suffolk Co. N. Y.

 And your petitioner further showeth that the personal estate of said deceased does not exceed in value the sum of $4000; that your petitioner is the Widow of the said deceased.

 Your petitioner therefore prays that Letters of Administration of goods, chattels and credits of said deceased may be granted to Elmira C. Phillips, your petitioner, jointly with Aaron G. Crane, and your petitioner consents to such appointment.

Dated November 4th, 1881

                                                         (Signed)   Elmira C. Phillips.

 COUNTY OF GREENE, SS:  Elmira C. Phillips the above-named petitioner, being first duly sworn, says that the foregoing petition is true of her own knowledge, except as to the matters which are therein stated to be alleged on information and belief, and as to those matters believes it to be true.

 Sworn to and subscribed this 4th day of    )                  Elmira C. Phillips
November , 1881, before me

James Stevens
Notary Public

Whereas, application has this eighth day of October 1881. Have made to me the Said Surrogate by Esther Philips & Daniel B. Philips, administrators of Philetus Philips late of the town of Greenville in the said county deceased. By Petition for the Sale of the Real Estate, Whereof the said deceased did seized in the said County Agreeable to the Statute in said case made and provided:  And whereas on the day and years aforesaid an order was thereupon made by the said Surrogate in the premises directing all persons interested in the Estate of the said deceased, to appear before me at my office in the town of Coxsackie in the said county, on the twenty Second day of November next at ____ in the forenoon, to show cause why so much of the real estate Whereof the said deceased did seized should not be sold a s will be sufficient to pay his debts and whereas John M. Philips, Philetus Philips and Esther Philips are Infants under the age of twenty one years.

I therefore the Surrogate aforesaid pursuant to the power, direction and authority in me ____pursuant to the Statute in said Case made and provided to by these present appointed Nathan Botsford of the Town of Greenville in the said county  a discreet and respectable freeholder guardian for the above named Infants for the sole purpose of appearing for and taking care of the Interests of the Said Inhabitants in the proceedings for the sale of the Real Estate of the said deceased in the premises.

In Witness where of we have caused the Seal of Office of our said Surrogate to be hereunto affixed. Witness Dorrance Kirtland Esquire Surrogate of the said County at Coxsackie the eighth day of October, In the year of our Lord one thousand eight hundred and nineteen.

                                                                                 Dorrence Kirtland

Recorded November 19th 1819

State of New York

At the Surrogate Court held at the Town of Coxsackie in the County of Greene on the twenty Second day of November one thousand eight hundred and nineteen. Present Dorrance Kirtland Esquire Surrogate.

Whereas Esther Philips and Daniel B. Philips Administrators of all and singular the good chattel and credits of Philetus Philips late of the town of Greenville, in the said County deceased, did on the eight day of October now last past present to me the said Surrogate a petition setting forth among other things that they had made a just and true account of the personal Estate and Debts of the said deceased and that the said personal Estate was insufficient to pay the debts of the said deceased and delivered the said account to me the said Surrogate and prayed my aid in the premises pursuant to the Statute in such case made and provided to enable them to sell so much of the real Estate of the said deceased as would be sufficient to pay his debts.

And whereas there has been duly made and held in the office of this court and Inventory of the good, chattels and credits of the said Philetus Philips deceased.

 Where as I the Surrogate aforesaid pursuant to the Statute in such case made and provided upon consideration and examination of the premises at my office in Coxsackie appeared in a court before me held on the eighth day of October aforesaid in the year aforesaid did make an _____ directing all persons interested in the Estate of the said Philetus Philips deceased to appear before me the said Surrogate at my office in Coxsackie aforesaid on the twenty second day of November this next following at ten o’clock in the forenoon to shew cause why so much of the real Estate whereof the said Philetus Philips died seized should not be sold as will be sufficient to pay his debts, at which day to wit on the  twenty Second day of November 1819 at my Office in the town of Coxsackie aforesaid in the County aforesaid in a court before me the said Surrogate, there & then ____ the said Administrators appeared and prayed the order of my court pursuant to view said petition and the Statute.

In said case made and provided at which time and place before me also appeared Nathan Botsford Guardian for the Minor Children and heirs of the said Philetus Philips deceased by Me the said Surrogate appoints for the sole purpose of appeasing for and taking care of the Interests of the said Infants ___ the premises. Where upon I the Surrogate aforesaid in the Court before Me held at the time and place last aforesaid being first satisfied by proof to Me ______ of the duly publication of the order to shew cause as required by the Statute in such case and provided and proceeded to hear the proofs and allegations of this said administrators and the Guardian aforesaid in the premises. And upon due examination of the said proof and allegations  I the said Surrogate d____ the personal Estate of the said Philetus Philips deceased to be insufficient to pay his debts and further that the said  administrators  have applied the personal Estate of the said deceased towards payment of the debts of the said deceased and that there yet remains a balance of debts due from the Estate of the said deceased as near as can be ascertained exclusive of the costs of the application of one thousand four hundred & ninety two dollars and fifty seven cents. I therefore the Surrogate aforesaid in the said court before me held on the twenty Second day of November aforesaid in the year of aforesaid at the place aforesaid in pursuance of the ____ and authority in Me Vested by the State in such case made and provided and in consideration of the premises do order and dime that the several lots and _____ of land hereafter particularly set first and described being part of the real Estate whereof the said Philips deceased did seized in the said County be sold by the said administrators to enable them to pay  the debts of the said deceased. That is to say a certain tract of Wood land situate in town of Greenville in the County of Greene beginning at the North corner at a hemlock bush at he South west corner of the Abigail Reeds Land and coming Easterly on the line of said Reed land to a stake and stones on the line of Eliakim Reeds land-thence southerly on said Reeds line to a stake and stones on the North East corner of Josiah Bidwells land. Hence Westerly on said Bidwells line to the south East corner of Reuben Byingtons land, thence Northerly on Byington line to the place of beginning. Containing twenty acres reference had to an Indenture having date the second day of January one thousand eight hundred and fifteen by  and between Asa Blakely and Esther his wife of the first part and the said Philetus Philips deceased  of the second part will better appear.

Also another piece of land to contain thirty acres and to be taken _____ the Eastern and or part of a certain piece or parcel of land in the deed & have referred to  and firstly therein described _____ in Greenville aforesaid bounded as follows beginning on the North east corner on the corners of Japhet Collins and Nathan Botsfords land and running Westerly on the line of George Dudleys land to a stake and stones and the highway, thence Southerly on the highway to a stake & stones on the line of Aaron Lukes land, thence Easterly on the line of said Lukes land to a stake and stones on the line of Nathan Botsford land, thence Northerly on the line of Nathan Botsford land to the place of beginning containing Sixty acres be the same more or less.

On Testimony whereof I have caused the  Seal of Office of the said Court to be hereunto affixed  Witness Dorrance Kirtland Esquire Surrogate of the said County at the Town of Coxsackie in the said County this twenty second day of November in the year of our Lord one thousand eight hundred and nineteen.

                                                                             Dorrance Kirtland

Recorded Nov. 23d 1819

KNOW ALL MEN BY THESE PRESENT, that we Elmira C. Phillips, Aaron G. Crane, Charles N. Taintor, George Bradshaw, are held and firmly bound unto the People of the State of New York, in the sum of Eight Thousand dollars, current money of the said State, to be paid to the said People.  To the which payment, will and truly to be made, we bind ourselves and each of us, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 30th day of November in the year of our Lord one thousand eight hundred and Eighty One.

The condition of this obligation is such that if the above bounden Elmira Phillips, and Aaron G. Crane administrators, of all and singular of goods and chattels, rights and credits, which were of Philetus Philips late of the Town of Greenville, Greene County, New York, deceased, shall faithfully discharge the trust reposed in them is such administration and also shall obey all lawful decrees and orders of the Surrogate’s Court of the County of Greene, touching the administration of the estate committed to them then this obligation to be void, otherwise to remain in full force and virtue.

Sealed and delivered in presence of

As to Aaron G. Crane                                                          Elmira C. Phillips
Charles N. Taintor                                                              Aaron G. Crane
George Bradshaw                                                                Charles N. Taintor
Rufus K. McHarg Notary Public                                            Geo. Bradshaw

County of New York : SS
Charles N. Taintor of the City of New York

One of the within-named sureties, being duly sworn, doth depose and say for himself that he resides in the City of New York, county of New York and is worth the sum of Four thousand dollars over and above all his just debts, liabilities and responsibilities.

Sworn this 30th day of November           }                                 Charles N. Taintor
1881, before me. Rufus K. McHarg        }
Notary Public New York City & County }

City and County of New York SS; Geo Bradshaw one of the within-named sureties, being duly sworn, doth depose and say for himself that he resides in the City of New York, County of New York, and is worth the sum of four thousand dollars over and above all his just debts, liabilities and responsibilities.

Sworn this 2d day of December    }
1881, before me.                                                                            Geo Bradshaw
Rufus K. McHarg
Notary Public New York City & County

State of New York                 }  
City & County, of New York }

On the 30th day of November and 3d December A. D., 1881 before me personally came Aaron G. Crane, Charles N. Taintor & George Bradshaw, to me known to be the persons described in and who executed the above bond, and severally acknowledged that they executed the same.

                                                     Rufus K. McHarg
                                                   
Notary Public  New York City & County


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