Friday, April 7, 2017

From the Probate Files: Isaac Leonard - Jefferson County, New York - 1862

For a long time our family tree listed an Isaac Leonard as Hannah Worden's father but we weren't certain that it was true. The following notice in the Albany Evening Journal (found via GenealogyBank.com several years ago) provided the proof needed.

[Advertisement. Date: Friday, December 26, 1862   Paper: Albany Evening Journal (Albany, New York)   Page: 3  
This entire product and/or portions thereof are copyrighted by NewsBank and/or the American Antiquarian Society. 2004
Source: GenealogyBank.com]


Isaac Leonard died in 1862, sometime between March 3rd when he signed his will and December 22nd when that will was presented in court in Jefferson County, New York.

["New York Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:33SQ-GYMB-JD1?cc=1920234&wc=9V9R-RMQ%3A213304001%2C221610801 : 28 May 2014), Jefferson > image 86 of 328; county courthouses, New York.]

Isaac Leonard's Estate

Be it remembered, that heretofore to wit: on the 22nd day of December AD, 1862, Jacob G. Hooper of Brownville, Jefferson County, New York, the executor name in the last Will and Testament of Isaac Leonard, late of Brownville aforesaid, deceased, appeared in Court before the Surrogate of the County of Jefferson, and made application to have said Last Will and Testament which relates to both real and personal estate, proved; and on such application the said Surrogate did ascertain by satisfactory evidence who were the widow, heirs at law and next of kin of the said testator and their respective residences, and that they are as follows, to wit: Mary Leonard of Brownville aforesaid, the widow of said deceased; Cynthia Belcher wife of Justus Belcher, of Lyme, Jeff. Co. N.Y.; Jemima Worden wife of Po  Worden of Beech-Wood, Sheboygan County, Wisconsin; Hannah Worden, wife of Porter Worden, of Cedarville, Iowa; Sarah Ann Jackson, wife of John Jackson, of Brownville, aforesaid; George W. Leonard of Pitcairn, St. Lawrence Co., N.Y.; Anna Carpenter, wife of Joseph Carpenter, of Brownville, aforesaid; Rosetta Belcher wife of Andrew Belcher, of Danby, Ionia County, Michigan: | of full age | and Emily Jane Leonard and James F. Leonard of Brownville aforesaid, minors, having no general guardians; all children of said Isaac Leonard, deceased; and Albert H. Leonard, Anna A. Leonard, George Byron Leonard and Jane Leonard, children of Isaac N. Leonard, deceased, son of said Isaac Leonard, deceased, minors having no general guardian. Said Surrogate did therefore appoint Samuel D. Barr of Watertown, Jeff. Co. N.Y. the Special Guardian for all minors to appear for them and take care of their interests in the matter of proving said will, he having previously filed with said Surrogate in writing to be thus appointed and to serve, the said Surrogate did theretofore issue a citation in due form of law directed to the widow, heirs at law and next of kin of said Isaac Leonard, deceased, by their respective names, stating their respective places of residences requiring them to appear before said Surrogate at his office in the said village of Watertown in said County of Jefferson, on the 9th day of February A.D. 1863. to attend the probate of said Will: And afterward, to wit: on the 9th day of February A.D. 1863, satisfactory evidence by affidavit was produced and presented to said Surrogate of the d???vice of said citation in the mode prescribed by law, and on that day, no one appearing to oppose such Will, such proceedings were therefore had said court afterward, that the said Surrogate took the proofs of said Will hereinafter set forth on this 9th day of February A.D. 1863, and therefore adjudge the said Will to be a valid Will of real and personal estate, and that the proofs thereto be sufficient, said Last Will and Testament, and proofs are hereinafter recorded in this Book.
                                                          Witness             M. H. Merwin   Surrogate
Will
I, Isaac Leonard, of Brownville, Jefferson County and State of New York, of the age of Eighty-two years and upward, being mindful of the uncertainty of this life, I do h ereby make, publish and declare this my last will and testament:  First, I will, order and direct that my executor hereinafter nominated and appointed to execute this will, pay all my just and lawful debts and funeral expenses -- Second, After the payment of my debts, funeral expenses and expenses of administration I give, bequeath and devise unto my wife Mary Isabel Leonard the use occupation and control of all my property both real  and personal during her natural life, provided she remains my widow and unremarried until her decease, and, on her decease, I give & bequeath all my real and personal property then remaining as follows, to wit: One third thereof to my daughter Emily Jane Leonard and the other two-thirds thereof to my son James Foster Leonard & heirs -- But in case my said wife shall marry after my decease, then, in that case, she shall not hold my estate or the use thereof under the above bequest, but from such marriage, she shall have the use of one-third of my real estate during her natural life, in lieu of dower, and she shall also have, and I hereby give, bequeath and devise unto my said wife one-third of my personal property remaining after the payment of my debts, funeral expenses and expenses of administration, to be hers absolutely, and all the rest, residue and remainder of my estate, both real and personal remaining at the marriage of my sid wife after my decease, and after the legacies to her made in case of her marriage, I give, bequeath and devise as follows to wit: One-third to my said daughter Emily Jane and the other two-thirds to my said son James Foster Leonard.
Lastly, I hereby nominate and appoint my friend Jacob Hooper of Brownville aforesaid, to be the executor of this my last Will and testament thereby revoking all former wills by me made & in case my said wife shall marry after my decease, then, I hereby appoint the said Jacob Hooper the guardian of my said daughter Emily Jane and my said son James Foster, to be such guardian and act as such from the time of such marriage.
In witness thereof I hereunto set my hand and seal and published and declared this to be my last Will and Testament in the presence of the witnesses who have signed below, this third day of March A.D. 1862.
                                                                      Isaac Leonard {L.S.}

The foregoing instrument was at the date thereof Signed by Isaac Leonard, the testator therein named, in our presence, and he at the same time declared the said instrument so subscribed, to us, to be his last will and testament; and we at the same time, at his request and in his presence, and in the presence of each other, have subscribed our names thereto as attesting witnesses ----
W.H. Beach, Watertown, Jeff. Co. N.Y.
F. Milton,  Watertown, Jeff. Co. N.Y.






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