Proving the Will of Amos Arnold

The following is the text of a document received by the Surrogate Court of Yates County, NY, following the death of Amos Arnold (d. Italy, Yates County, NY, on May 24th, 1856). My comments are in [brackets].

AMOS ARNOLD, Deceased.

To the Surrogate of the County of Yates:

The Petition of Philip C. Wetherby [son-in-law; husband of daughter Phebe] of Italy in the said county of Yates respectfully shows:

That Amos Arnold, late of the town of Italy in the said county of Yates, is now dead; That the said deceased was immediately previous to his death, an inhabitant of the said county of Yates, and died at the town of Italy on the 24th day of May 1856; That said deceased, in his lifetime, and on the 13th day of September 1855, made and published his last will and testament in due form of law, which relates to real and personal estate; That your petitioner [i.e., Philip Wetherby] is one of the executors named in the said will.

That the heirs at law and next of kin of the said Amos Arnold, deceased, are: Henry Arnold; Rufus Arnold; James Arnold; Wesley Arnold; Lucy Aiken wife of James Aiken; and Livonia Smith wife of Obediah Smith, all residing in the state of Michigan, but as to what particular place in said state they or either of them reside, your petitioner is not informed and can not state; William Arnold; Mary Wales wife of Daniel Wales residing in the town of Naples, County of Ontario, NY; Philena Youngs, wife of George Youngs residing in Penn Yan, Yates County, NY; & Eliza Arnold, widow of the deceased, residing in Italy aforesaid. That Livonia Smith above named is a minor having no General Guardian to the knowledge of your petitioner, and your petitioner further says that the whole estate of said deceased will not exceed the sum of $5000.

Your petitioner therefore prays that the usual order may be entered, that a citation may issue out of the Surrogate's Court of Yates County, in due form of law to be directed to the above named heirs at law and next of kin of said deceased, to attend the probate of the said last will and testament

Dated June 18, 1856. [signed] Philip C. Wetherby.

Yates County.
On this 18th day of June 1856, before me the undersigned Surrogate of said county, personally came Philip C. Wetherby, who being by me duly sworn, says that he has heard read the foregoing petition subscribed by him and knows the contents thereof, and that the matters stated in said petition are true of his own knowledge, except as to the matters therein stated to be on his information and belief, and as to those matters he believes it to be true.

[signed] William S. Briggs,

[Note: a second document found in the records of the Surrogate's Court gives a David B. Prosser of Penn Yan as the "said Special Guardian of Livonia Smith, a minor."]

Thanks to Fran Dumas, County Historian of Yates County, NY, for placing an index to the Surrogate Court records on the Internet, and for having a copy of this document sent to me.

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