The Petition(s) of ELIZABETH VAN ORDER
administrator of Samuel Van Order decd
The Petition of Elizabeth VAN ORDER of the Town of Ithaca in the County of Tompkins respectfully showeth: That Samuel VAN ORDER of the Town of Ithaca on or about the 20th day of march in the year of our Lord one thousand eight hundred and sixty four that at the time of his death he was an inhabitant of the County of Tompkins. That he left no will, as far as your petioner has hear, or been able to discover: That he left your petitioner, his widow, and James VAN ORDER & John VAN ORDER sons of said Samuel VAN ORDER and Harriet BOWLSBY and Cinderella LEONARD daughters of said deceased all of whom reside in the town of Ithaca aforesaid and all of whom are of full age except John VAN ORDER who is of the age of sixteen years.
And your petitioner further showeth, that all the goods, chattles and credits of the said deceased do not exceed in value the sum of five hundred dollars: and your petitioner prays that Letters of Administration of the goods, chattels and credits of the said deceased may be granted by the Surrogate to your petitioner, Dated May 23rd 1864, signed with her mark X, Elizabeth VAN ORDER
Attachment - Supreme Court - Tompkins County Harriet VAN ORDER agt. James VAN ORDER Tompkins County :
James VAN ORDER being duly sworn says. That be is the defendant in the above entilled action - That this action was commenced by the deff. To procure a divorce from this defdt. on the ground of the Adultery of this deft. That this deft. denies the adultery charged against him by the Plaintiff.
That this deponent has an interest in certain real estate situated in the Town of Ithaca, as one of the heirs at law of Samuel VAN ORDER, deceased., the father of this deponent. That said Samuel VAN ORDER died leaving a widow and four children, all now living; That this deponent is one of said four children; (That this deponent has bought out the entire interest of one of said children in the estate of said Samuel VAN ORDER deceased for the sum of four hundred and twenty five dollars, to pay which he gave a mortgage for $400. On the share they bought, and that therefore the interest of this deponent in the estate of said deceased consists of two undivided fourth parts, subject ot the claim of the widow of said Samuel VAN ORDER for Dower in the real estate of said deceased and subject also to the aforesaid Mortgage of $400. That said widow is of the age of sixty five years. That said Samuel VAN ORDER left no personal estate and any the aforesaid Real estate, consisting of only twenty five acres fo land. That the buildings and improvements on said land are old, the house occupied by said deceased having been built more than forty years, is dilapidated and of but little value. That this deonent has an interest in eight acres fo swamp land in the village of Ithaca, subject to an incumbrance of Four Hundred Dollars, and the title to which eight acres is in litigation. That the interest of this deponent in last mentioned eight acres does not excuse Two Hundred dollars. That the only personal party which this deponent owes consists of a claim against the estate of his father for monies advanced to him before his death, but which claim is disputed by the other heirs of his estate on account of alleged off sets by the estate of said deceased against this deponent and that this deponent is informed that said claim will be litigated on the settlement of the personal estate of said deceased. And this deponent further says that he has no property, real or personal beside that above set forth and which is subject to the incumbrances & contingenceis aforesaid. That proceedings are pending for a partition of the real estate of said deceased among those entitled trusts as widow & heirs at law. That the property to which this deponent is intitled, as aforesaid, produces but very little income, the amount of income derived there fore to this deponent during the past year, not exceeding the sum of $100.
And this deponent further says that the plaintiff in this action is a person of interuperate habits and not fit for the management or control of money. That she left the bed and board of this deponent about four years since without just cause or provacation and not for the reason of the adultery of this deponent. That she never accused this deponent of adultery until the commencement of this action. That since she first left this deponent, as aforesaid, she has at various times returned for a short period. That she last abandoned and deserted the bed and board of this deponent about three years since. That this last abandonment was not on account of any adultery of this deponent, real or fancied, and not so alleged by plaintiff. That since said last abandonment this deponent has at various times advanced small sums of money to her, but lately refused to advance her any more. Whereupon she commenced this action. That said plaintiff is a strong and vigorous woman and able to support herself by her own exertions and that her father has some means, to the amount, as this deponent is informed and believes, of about $1000.
And this deponent furthur says that he is not now, and has not been for the last ten months engaged in any business but that of a day laborer. That the amount of his estate, real and personal for the reasons above set forth, and because the same depends upon the result of litigation, can not be correctly, or very approximately estimated: that the said estate of this deponenet is so situated that it now produces very little, to wit, not more than $100. Annually to this deponent, and that the situation of his said estate can not, for the next six months, be charged or altered so as to make it more productive, as this deponent very believes. And that meanwhile this deponent will be charged with the support of his child? As would says himself. ? (crease in transcript, starting with the word child, if that is child makes it hard to read)
Wherefore this deponent prays this honorable court to deny the application of the plff. For an order requiring him to pay for the expenses of this litigation and also to pay to said plaintiff for her support pending the same.
Subscibed & sworn to before me this 6th day of Feb 1866 - James VAN ORDER
A. M. ___________, Justice of the Peace (looks like SNOW, but not sure)
Marcus LYON, Dist. Atty.
Delaware Circuits Special Term, February 5, 1866, read on motion and ordered filed in
Tompkins County Clerk's office . W. W. GRANT, clerk.
In the matter of the application of Elizabeth VAN ORDER administrator of Samuel VAN ORDER decd., for leave to sell real estate to pay debts. Dated May 29 1866, Mr. FINCH proapplication. Ruis L. HOWARD for C. Leonard DONNALLY, special guardian for John VAN ORDER
James VAN ORDER sworn says; I went into possession of Tavern (Stead?) at Inlet in 1851 or 1852. My father owned it then. It was all out of repair at that time very much. I rassed it up 5 ½ feet the main building. My Grandmother died 2 or 3 year after I took possesion. She was entitled to use of 1/3 of it as her dower right as long as she lived. She was in the occupation of 1/3 when I went there & so remained till her death. I paid to have building to Curtis L. VICKERY $40.
I think it was a fair charge - After it was a foundation butment was put under. Think it cost $50. Or $60. The filling in was worth $100. I don't remember how much it cost exactly. The foundation and filling in cost at least $100. The plastering was all taken off of the whole house. Old chimneys taken out and new ones put in. A new roof put on that is newly shingled over. I paid for laying the shingles. My father furnished the shingle. New partitions were put in the house a new bar put in and the house sided up on the back side. Whole house paneled inside and out and papered. Before I went into house it rented for $100. A year. The repairing including painting and all other reair excluding the raising and filling in cost at least ____ $350.
I paid MILLSPAUGH for a double sett of harness, which my father had. I paid I think - $42. I never bought but one sett of harness of Millspaugh for father. I think it was in 1858. I also bought a sleigh harness of Wm. SNOW for father - I think it along in 1854. I can't tell exactly what it cost - I think the sleigh harness cost $15, or $20. In 1855 I paid for fencing which was used on father place across the Inlet - bought of M. L. WOOD - cost $7., per 1000 feet I think this was about 7000 fencing belonged to SAGE. I bought it of WOOD. He said it belonged to SAGE. This fence was carried away in summer 1857. About 2/3 of it. We ______ of this lumber on the march. I replaced it. Cost of material & labour about $24.00. I paid the men that helped in worked 4 or 5 days paid 12 £ a day. I bought out in Spencer 12 or 13 hundred feet of hemlock fencing. It cost $4., for 1000 feet in Spencer it was used on Father's place on side hill in front KING house. I paid WILSON money which Father borrowed of him. I think it was ____$40.
I bought 100 lb. Nails which was used on Father's place - $3.00, this in 1855. I got LAWTON to clean an artisian well on place. Paid LAWTON $7., or $8. I got other man to help him, the whole cost ---$20. Or $21. I paid a note to Harry MOTT which he held against Father ____$150. Besides the interest - Wm. WILSON bill presented marked No. 1. Note of Samuel VAN ORDER to Harry MOTT. Marked No. 2. I paid whole note ____
I built stoop and raised the kitchen ____, put new roof on, put in new floor, folding doors - inside - this in 1853 or 1854. This after GrandMother died - she died I think in spring of 1853. I think the cost of this was $250. Which with the cost of stoop & plumbing cost I think ___ as much as $350.
In 1857 - 2 stoops new built on over the sill and on over the kitchen - then was alteration in bar room. Kitchen moved back and the whole kitchen taken into the bar room. Also cupboard on back stoop - CURTIS done the first painting on stoop - MOULTON painted - papered pretty much the whole house - ground then - house - The least amount the whole of this costs was $250. Barn repaired - new stalls and floor cost I think - $25. In 1858. Built ice house cost - $60.
In 1860, I repaired the SEELY Stead __ __thinks worth ___ $50. Had oats - I think 18 bushel, worth 4 £ ___$9., used on Father's place - Same year bought material & paid LANDON for work on father House, cost $15.also altered father bar room &___ Cost I think $35. MOULTON painted House I occupied after the House was moved - I agreed to pay him -- $25. And found material which costs I think __$25.
In 1860 I paid John TERWILLEGER for thrashing wheat (oats crossed out) for father - I think it cost to thrash oats __ __$20. I paid HIXSON for seed wheat (marked No 3) $19.25
In 1861. I paid for mowing and for father I think - $30. In fall of 1861. I paid TERWILLEGER & hands for thrashing wheat I think cost - $10. WILLIAMS had mortgage on the SEELY property date Nov 20th and gave me a receipt marke No 4. $167.69
WILLIAMS receipt ____No. 5 $171.00
J. B. MILLERS receipt - April 8 1862 No 6. $100.
J. B. MILLERS receipt - May 4, 1863 No. 7 $150.
J. B. MILLERS per Torry " - July 13, 1863 No. 8 $100. I paid these sums out of my own money. (This objected to and another subject to objection.)
I can't tell weather I got seed wheat of HIXSON more then once. I think I got spring wheat of son our cost till (whisten?) of HIXSON it cost I think 2 £ per bush - 18 or 19 bushels - It was sowed on father farm I bought in 1861 paper for house of George APGAR - cost ___$6.
In 1862 I paid Geo WILKINS for mowing & hand in haying for father abut $20. I shingled the kitchen of fathers house I think in 1862, but not certain, paid for work & materials about - $8. I after took shingles off & covered it with 3 thickness of boards about 500 feet. This cost me about ____$12. TERWILLEGER thrashed wheat in 1862. Cost I think about $10. I built a cellar with lumber in 1862 I think cost tell certain ___ (nothing) Jan. 6 1863, Receipt for taxes of father $24.93. S. VAN ORDER died in March 1864 (this written as an aside.) Marked No. 9 ___ Receipt for taxes of 1863 No. 10 $27.75 Receipt Oct 18 No. 11 $4.65 I paid this last at house & in name of father Shool tax 1863 No. 12 $5.00 In 1863 or that neighborhood moved patition worth - $5. Papering and painting done about every spring and cost about ____$10.
In 1863 - I guess had a new door made for fathers house - altered his bar room etc. All cost about ___$25. Same season paid WILKINS father haying ___$10. PETERSON cutting oats - $12. Paid (Peir?) & PUFFER for thrashing oats __$10. I paid note presented paid - 7 dollars interest and after paid note in full $103.97 = $110.97 Dated April 7 1860 singed by Samuel VAN ORDER and James to Abel BURRITT - No. 13 Note given for 1st payment of SEELY property which I paid with my own money No. 14 - $107.32 I know I paid last payment of RYERSON mortgage which payment __ __ ___I think I paid $92.39. I paid a payment on that mortgage to D. D. SPENCER, my father went with me - I had my own money - I think I paid about $30.
I always done fathers busness for 15 or 16 years. Done his business since I was of age. I am now 40 years old. (Contersuit object to any assesment or conversation between (Metriss?) & his father - objection - sustain-)
I always worked for father plowing, drawing wood and doing his busness - he depended on me. I substanually done all his business. I think taking one year with another my services worth $1., a day for each working day - for 15 years. This does not include Sunday, - I have worked on Sunday, not for father - MOULTON painted on Sunday = P. N. CURTIS took job hiring (unreadable) paid him on bill - I let father have the money - $40. And father paid CURTIS - John VICKERY helped CURTIS do the job - I took money in at the house I gave to father - father kept tavern till he died - some years did not keep tavern - I lived with father till he died with the exception of 6 or 8 months - I was married in 1848 or 1849. I was 24 or 25 when I was married, went into fathers house & lived there till the 1st of the next April. I then went to the house I now live in. I had board and clothing till I got married. Worked for father after married same as before. I had some grain - I went into the house I occupy in 1851 or 1852. I think I went into house in 1852. I made repairs the same spring I moved into house - They tore off the plastering replastered, papered and painted and sided up the back part and raised up the building, and connenced filling in - Then ____ __ & times of gravel dumped in - this cost nothing = We were off and on two or three years filling in - I think the laying the foundation cost - $25. Besides our own work - I can't tell this year I got harness of SNOW. I think I let him have a harness in exchange - can't tell - I think the harness I got of SNOW worth $20. The paper presented on the only written evidence I have against father.. He kept no account against me. I furnished my mother as administrix a bill of particulars subtanually as presented hers - I swore to it - I made it up from memory - & other things - I rented the SEELY Stead and received the rents. I rented it Leoum - and then MCBRIDE and Bill & David TOWLIN - I did not occupy it until after father died - My father bought Mr. SEELY straid at time note was given to Williams; which was April 1, 1860. I think this the time he bought I received what suit was paid - did not keep any account MCBRIDE was to pay $4., per month.
My father had about 25 acres with his tavern stand - about 20 acres usually cultivated. The seed oats bought of KING, sowed about 10-12 acres. Sowed about 3 bushels to the acre - oats worth about 4 £ per bushel. I paid for oats.
These charges for raising building I mark down was paid for soon after they was done. I took no receipts. My father paid Leonard some & I saw he send the old man & I paid Leonards claim - I think I paid Hixson DEVENPORT for mowing - $8. This was all his claim - I paid him and thinks mowing & hands amounted to $15.
While I was employed for father - I kept Tavern about 80 __ __ from father. Father was 63 when he died - he was around till he died health not very good - He kept tavern and farm it up to time he died. Had no other busness - He had a son at home who was 18 years old last August - He did not work much. Father worked considerable to within a year before he died - good man to work - Small busness down at the Tavern of father - not as much as I did - I had no other busness but keeping tavern except agent for (Wells/ Wills/ Mills?) for about 20 acres. I had a horse I trained some for 2 years before f_thi__- I and Leonard went into partnershop in 20 or thirty chicken game cocks - I done considerable busness as soon as I went in to House. I made money to pay these debts - I have never had up anything except I have bought a piece of land across (the wood?) for which I paid $200. I was in debt $400 or $500. where father owed for liquor and other things - I had no means to pay these debts when father died - I got $400., for getting RYERSON to Enlist - he got a bounty of $850. And he divided with me. And I took this money to buy out my sister - I don't know but I let my mother have $400. - I can't say how it was - I think I bought my sister, Mrs. BOWLSBY in 1864. I paid her $225. I gave a note for $200. I afterwards paid the note - I don't know but I let my mother have $400., before my father died - I sware to the paper produced, marked No _
(Harry MOTT states by consent that note No. 2 shown him - that $150., to Samuel VAN ORDER at date of Note April 7 1854 took his note which was paid by James VAN ORDER. "I spoke to Samuel or he spoke to me and told me to go to James for the pay and I got the pay of James = Samuel told me at one time that he was having the house fixed up for James. This was about the time they were fixing up the house. He borrowed $50., of me before and paid it himself and when he borrowed it he said he was fixing house for James to go into.")
James VAN ORDER __ _ Exe Samuel - (No. 15) offered with ref___ to purchase of Mrs. BOWLBY at the time this affi____ was made by my wife had brought a suit for a divorce - for adultry - suit dropped - and I paid her some money _
Harriet BOWLSBY __ _ "I am daughter of Samuel VAN ORDER. I have sold and conveyed all my interest in my father's estate - James done fathers business for 15 or 16 years before his death - he done all kind of work that father had to do - father would not do anything when James was not there and went for James to cover - James attended to fathers money matters. He would sell or buy unless James was bye - The repairs made on the tavern occupied by James were made by father request. I have heard him tell James to go on and fix the House and he would pay him for it. I don't know as I recollect of hearing father say any thing about paying James for work generally - James told father he did not want to stay in the house and father, he would rather set it on fire then let any other one come and told to fix it up the would pay. When any thing was said about the mortgages on house he would say that he would have to go to James - to have them paid - I have heard father say that this house where James lived he intended it for him and this other house for my other brother." (cross examed) -" I am 36 year old. Born in 1830. I cant the years or month I was married. My husband is William BOWLBY - he is living. I went on the canal two years with my husband this 10 years - was on Susquahanna River, about one month - rest of time been at home/house_ - James bought my right at $400. She made me a present of $25. I have lived near father - I never had any conversation with James in relation to my testering in this matter - submond by James this moring - not talked with any one as to what I would testerfy - The first time I heard father speak about repairing the house was when James went in - this was in the (barn.?) And father said he was fixing house for Jim then going to let him have it. I don't know how many times I have heard him say that. I heard more then once - There are 4 children - after mortgage was paid father said James paid them - Heard him say that James paid up the SEELY mortgages or I __ _ __ these conversation about paying mortgages was with me - heard him tell others so - James was around every day on the place - I don't know whether I was in the habit of drinking a good deal about those days. I did not eat morphine so but that I knowed about my busness. I eat a bottle of morphine a week. Cost 6 £ - I was not arrested for stealing."
William D. WILSON -" Know Samuel VAN ORDER borrowed 50 dollars of me. And paid me $10. And James paid me the $40. I asked Samuel for it and he told me to go to James - I have seen James work for his father pretty much every years In former years. Samuel attended to his own matter and for 10, 15 or 20 years James has attended to his matters more, deceased said he was going to let James have the _a____ standing it up and keep the tavern. He said he told James to take and rig it up and save it - James was sick and sent for me and I stayed with him a week - Deceaced said I guess James is going to die - I said guess not - He said & he does I am ruin for he is my mini dependener. I was then at work at STEBBINS - " (cross examed) "I don't know what was the matter with James. On good turn with James. Call and take glass with James."
John VICKERY for contestant - "J. L. CURTIS raised the house at Inlet in 1853 - employed by Samuel VAN ORDER and was paid by him for the job. He paid CURTIS and CURTIS paid me ½ the job was $30. I made bargain the next summer - I made barguin with Samuel to raise the barn $5. Was paid for it by him. I don't recollect when I borrowed - (cross exam) "I don't remember that James paid me anything."
A. Hixson DEVENPORT - "I cut grass for VAN ORDER. Cut part on flats and part on Samuel VAN ORDER - the whole came to $3.50."
(cross exam) Mrs. BOWLBY - "My father kept his money about his person. Some times would have $200 or 300 at times."
It is admitted that James paid Lewis LEONARD for making mortor - $9.18 and $3. Paid by deceased.
Adjourned to May 30. 9 a.m.
May 30 1866, adjourned to May 31 10 a.m.
May 31 1866, adjourned to the 1st day of August 1866 by request Consent of Counsel of parties.
In the Matter of the Application
Of Elizabeth VAN ORDER the
Administrator of Samuel
Van Order deceased Intestate
For authority to mortgage lease or sell the Real Estate of said Intestate for the payment of his debts.
Take notice that I have presented an application to the Surrogate of Tompkins County pursuant to the Statute in such case made & provided for authority to mortgage lease or sell the real estate of Samuel VAN ORDER deceased late of Ithaca intestate for the payment of his debts & that I intend to apply to the said surrogate at his office in the Village of Ithaca on the 19th day of March instant a ten o'clock in the forenoon for the appointment of a Guardian for you for the sole purpose of appearing for you and taking care of your interest in the proceedings on said application. Dated March 14, 1866 - signed, Elizabeth VAN ORDER, Adm. X (her mark) J. M. QUICK, Atty.
At a Surrogate's Court held in & for the County of Tompkins at the Surrogate's office
In the Village of Ithaca on the 14th day
Of March 1866
Present Hon. Henry S. WALBRIDGE, Surrogate
In the matter of the application
Of Elizabeth VAN ORDER the Administaratrix of Samuel VAN ORDER deceased for authority
To Mortgage lease or sell the Real Estate of the said Intestate
For the payment of his debts.
On reading and filing the application of Elizabeth VAN ORDER the administratiix of all and singular the goods chattels and credits of Samuel VAN ORDER late of the town of Ithaca deceased intestate for authority to mortgage lease or sell the real estate of the said intestate for the payment of his debts it is ordered that all persons interested in the estate of the said Samuel VAN ORDER deceased appear before the Surrogate of the county of Tompkins at his office in the Village of Ithaca on the 30th day of April next at ten o'clock in the forenoon of that day then and these to show cause why authority should, not be given to the said administratrix to mortgage lease or sell so much of the real estate of the said Samuel Van Order deceased as shall be necessary to pay his debts
Dated March 14th 1866 H. S. WALBRIDGE County Judge
At a surrogate court held in and for the county of
Tompkins at the surrogate office in the Town of Ithaca
On the 19th day of March 1866 ---
In the matter of the application
Of Elizabeth VAN ORDER the Administrix
Of Samuel VAN ORDER, deceased, intestate,
For the authority to mortgage, lease or sell
The Real estate of the said intestate for
The payment of his debts.
Elizabeth VAN ORDER the admin. Of all and singular the goods, chattles, and adits of Samuel VAN ORDER late of the town of ithaca deceased, intestate having heretoof presented her application to the surrogate, pursuant to the statute in such case made and provided for authority to mortgage lease or sell the real estate of the said intestate for the payment of his debts, and on reading and filing due proof by affidanit of a service of a notice of intention of the said Admin. To apply on this day for the appointment of a special guardian for John A. VAN ORDER, a minor over fourteen years of age, on the said John A. VAN ORDER personally And no one appearing to oppose, it is ordered that Henry D. DONNELLY, a disinterested freeholder residing in the town of Ithaca be and he is hereby appointed the guardian of the said John A. VAN ORDER minor aforesaid for the sole purpose of appearing for him, and taking care of his interest in the proceeding in said application.
At a surrogates Court held in & for the County of Tompkins at the office of the Surrogates on the 19th day of March 1866, present Hon. Henry S. WALBRIDGE, Surrogate
In the matter of the application
Of Elizabeth VAN ORDER the
Administratirix of Samuel VAN ORDER deceased intestate
For authority to mortgage lease
Or sell the Real estate of the
Said Intestates for the payment
Of his debts.
Elizabeth VAN ORDER the administratrix of all and singular the goods chattles and credits of Samuel VAN ORDER late of the town of ithaca deceased intestate having hereto of or presented her application to the Surrogate pursuant to the Statute in such case made and provided for authority to mortgage lease or sell the real estate of said intestate for the payment of his debts: & on reading and filing due proof by affidavits of a service of a notice of the intention of the said administratrix to apply on this day for the appointments of a special Guardian, for John A. VAN ORDER a minor over fourteen years of age on the said John A. VAN ORDER personally and no one appearing to oppose. It is ordered that Henry D. DONNELLY a disinterested freeholder residing in the town of Ithaca be and he is hereby appointed the guardian of the said John A. VAN ORDER minor aforesaid for the sole purpose of appearing for him and taking care of his interest in the proceedings in said application.
H. S. WALBRIDGE
County of Tompkins
To Hon. Henry S. WALBRIDGE
Surrogate of Tompkins County
The petiton of Elizabeth VAN ORDER Administratrix of the goods chattel and credits of Samuel VAN ORDER late of the town of Ithaca deceased, intestate, respectfully showeth: That the said Samuel VAN ORDER departed this life on the 20th day of March 1864 and your petitioner was duly appointed such administratrix as aforesaid by the Surrogate of the County of Tompkins on the 1st day of June 1864.
That she has made and filed an inventory according to law of the personal estate of said intestate and that she has discovered said personal estate to be insufficient to pay the debts of said intestate.
Your petioner further shows that the amount of personal property of the said intestate which has come to her hands as administratrix is $154.25 and that the sources whence and the manner in which the same has been derived appear in the account here unto annexed marked Schedule A. That your petitioner has applied the said personal property in due source of administration and has paid out the sum of one hundred and forty three dollars and sixty four cents and that the particulars of such applications of the said personal property also appear in the said account hereto annexed marked Schedule A. leaving due to your petitioner as such administrator as aforesaid on this 14th day of March 1866 the sum of nine dollars and thirty nine cents. And your petitioner verily believes and states the fact to be that she has proceeded with reasonable, diligence in converting the personal property of the said intestate into money and applying the same to the payment of debts.
Your petitioner further shows that the debts outstanding against the said intestate and the particulars thereof as far as the same can be ascertained appear in the Schedule here unto annexed marked Schedule B. That the debts against the said intestate not secured by mortgage or therewise charged upon the real estates of the said intestate here in after described and which remain to be paid on this 14th day of March 1866 as far as the same can be ascertained by your petitioner and as have been admitted by her upon due evidence amount to forty six hundred and ninty four 32 £ no dollars. Exclusive of interests as fully appears by this last named schedule. No claims have been presented against said estate which have been -
Schedule A The asets received per inventory Were _______ _____________ $154.25 These were sold at the inventory Prices and brought the amount Above stated. There has been paid on account of said estate as follows Paid County Judge and adj.--------------------------$6.70 Boardman & Quick services---------------------------7.00 School Tax 1864------------------------------------------5.61 County tax 1864-----------------------------------------20.44 Town tax 1864--------------------------------------------70.45 Charges at Funeral (Hillick, et.)----------------------3.00 Baldwin coffin---------------------------------------------40.00 James Landon, care of deceased------------------10.44 163.64 Schedule B Due Dr. CONYELL------------------------------24.75 Due A. KING and sons-------------------------21.71 Due James VAN ORDER----------------------4647.86 besides Interest -----------------------$4694.32
in the matter of the
Elizabeth VAN ORDER, exc.
of Samuel VAN ORDER decd.
for heirs to sell real estate
Cinderella LEONARD one of the children & heirs at time of Samuel VAN ORDER decease comes and objects to the allowance by the Surrogate of the claims & demands of James VAN ORDER against the estate of said Samuel VAN ORDER and each and every of said claims & demands, for the following among other reasons.
1st - more then six years have lapsed since said claims & demands became due and since a right of (there is no more on this page, rest of 1st, and 2nd and part of 3rd, next page starts with - )
disallowed for the reason that the same were as this objector alleges for the sole and exclusive use and benefit of said James, and were without the permission license or request of said Samuel.
4th - That the items charged for taxes paid are not proper claims against said administratrix or against said estate, and some of them charged was paid since death of said Samuel were o -obintory (typed that way it appears on paper) and not allowable for any reason.
5th - The charges for said James services are exorbitant, barred by statute of limitations, and services were voluntarily rendered, without request or promise or agreement to pay.
6th - The adx has not exhausted the personal estate of said James being in possession of large amounts of personal estate of realistate, not accounted for by said adx.
7th - Since James justly owes said estate a large amount, of inst., $5000. For rent of tavern stand moneys lent advanced to him by his father & personal property lent and advanced -----(nothing rest of this page.)
and the said John VAN ORDER by H. D.DONNELLY his Special Guardian hereby joins in the aforesaid objections to said James VAN ORDERs account,
John VAN ORDER By D. D. Donnelly Special Guardian
The said Cinderella LEONARD further objects to the items in the account of said James for moneys paid & labor in repairs of buildings as follows that in an action in the Supreme Court herein said Cinderella's plainiff (with her husband) said James VAN ORDER and others defendants. This Plainiff claimed said James had the rents (again no more on this page.)
Surrogate Court Application of Elizabeth VAN ORDER administratix of Samuel VAN ORDER deceased for leave to sell the real estate of Intestate for the payment of his debts. Objections to accounts of James VAN ORDER - filed April 30, 1866.
State of New York, To the Surrogate of the County of Tompkins
The Petition of Elizabeth VAN ORDER, of the Town of Ithaca in the County of Tompkins, respectfully showeth: That Henry VAN ORDER of the Town of Ithaca in the said County of Tompkins, died in the said Town of Ithaca on or about the 24th day of November in the year of our Lord one thousand eight hundred and seventy five: That at the time of his death he was an inhabitant of the County of Tompkins: That he left no will, as far as your petitioner has heard, or been able to discover:
That he left his serviving; - Elizabeth VAN ORDER, his widow, residing at Ithaca, Tompkins Co., NY Almira NORTON, a daughter, " Ulysses, " " Edwin W. VAN ORDER, a son, " Ithaca, " " Lorinda MOORE, a daugher, " " " " Harrison VAN ORDER, a son, " Danby " " Nelson VAN ORDER, a son, " Ithaca " " Delilah ARNOLD, a daughter " " " " Martha DAVENPORT, a daughter " " " " Miranda TOBIN, a daughter " Danby " " Joanna OWEN, a daugher " Ithaca " " (all of full age)
And your Petioner further showeth: That all the good, chattels and credits of the said deceased do not exceed in value the sum of Twenty-five hundred Dollars; and your Petitioner prays, that Letters of Administration of the goods, chattels and credits of the said deceased may be granted by the Surrogate to Harrison VAN ORDER and Nelson VAN ORDER, both sons of the deceased.
Dated Ithaca January 3rd 1876, Elizabeth VAN ORDER
Tompkins County, Surrogate Court
On this 3rd day of January, 1876, personally appeared before me, in open Court, Elizabeth VAN ORDER the above named Petioner, and made oath that the matters set forth in the above petition are ture of her own knowledge, except as to the matters stated on informaiton and belief, and as to those matters she believes it to bet true.
Marcus LYON, Surrogate
Tompkins County, we, Harrison VAN ORDER, and Nelson VAN ORDER do swear that we will well, honestly and faithfully discharge the duty of administratof the estate of Herny VAN ORDER deceased, according to law.
Subscribed and sworn the 3rd day of January 1876, Harrison VAN ORDER & Nelson VAN ORDER
Marcus LYON, County Judge
Thank you John Van Order for sharing your family records
Thank you Karen Dickson for transcribing this information.
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Thursday, 04-Jul-2019 15:01:41 PDT