|
|
|
CHATAUQUA COUNTY, NEW YORK--WILLS
p. 63, court 5 Oct 1846. Philemon Root, husband of Delilah Root
legatee in the will of Timothy Fay late of Ripley, testified that the deceased
died 25 Aug 1846 and offered the will dated 24 Aug 1846 for probate.
Heirs and next of kin: over age 21 are Levi Fay of Ohio, Amanda Smith
wife of Levi Smith of Cherry Valley, Ashtabula County, Ohio, Delilah Root
wife of Philemon Root of Ripley, Norman Smith of Ripley,
William Wedge of North East, Erie County, Pennsylvania, John Wedge of Fairhold, Warren County, Pennsylvania.
Under age 21: Sarah Jane Hadley, Elizabeth Isham,
Sally Wedge, Phila Ann Ketchum, George Howarth, Martha Howarth, and Mary Howarth, all of Chautauqua County, Elsie Hunt of Erie County, Pennsylvania, Achilles Underwood, James Underwood, Mary Underwood, 4 unnamed Underwoods, all residents of Homer, Lenawee County, Michigan, grandchildren of deceased
and children of Elias Wedge whose wife now deceased was a daughter of the deceased.
Benjamin F. Baird of Ripley was appointed special guardian for the minors to represent their interests in the proceedings. Citations were issued to the widow, heirs, and next of kin for a probate hearing 30 Nov 1846.
p. 63, court 30 Nov 1846. Court granted the request of Philemon Root, husband of Delilah Root legatee in the will of Timothy Fay late of Ripley, that the probate hearing be postponed to 2 Dec 1846 in Ripley to enable appearance of witnesses.
p. 64, court 2 Dec 1846. Philemon Root, husband of Delilah Root legatee in the will of Timothy Fay late of Ripley, presented the will of the deceased for probate. Also appearing in court were William P. Wedge, Levi Smith for his wife Amanda, Charles Isham for his wife Elizabeth, Norman Smith and John Wedge represented by their counsel, Benjamin F. Baird to represent the minor heirs of the deceased.
Benjamin F. Baird testified that he was one of the witnesses of the will. He wrote the will and wrote the name Levi Fay instead of Timothy Fay by mistake, confused by a discussion of Levi son of the deceased. Deceased made his mark over the name. He tried to correct it the next day, but the deceased was dead by that time. Deceased died at home of Philemon Root, husband of Delilah a daughter of the deceased, in Quincy in the town of Ripley. Deceased was over 70, hand trembled so badly that he could not write his name. I read the will to him with all the witnesses present when they signed the will. In discussing how to write the will, deceased said that his “daughter Sarah Hadley’s wife and Howarth’s wife that they had lived close by, and had a good deal more than the others. He mentioned that they had more than the others. He said nothing about Levi having had a piece of Land down east, nothing was said about the circumstances of his heirs. . . . His daughter Mrs. Howarth was dead. Mr. Howarth is a drinking man and is worthless. Norman Smith a grandson lived in the neighbourhood, I understand that there had been difficulty between him and deceased. . . . The deceased stated the reason why he gave Delilah more than the rest was, she never had anything and she had taken care of his wife.”
George Goodrich testified that he signed the will as one of the witnesses. He saw the deceased make his mark on the will, but did not discover the mistake about the name until the next day. Deceased tried to write his name but could not write it intelligibly. He was in his right mind although somewhat impaired by age, and he was under no restraint. He understood that he had not divided his property equally among his heirs.
Nelson Root, brother of Philemon Root, testified that he signed the will as witness and that it was the will of Timothy Fay deceased. Deceased was between 70 and 80 years old.
Simeon Collins of town of Ripley testified that he was physician to Timothy Fay in his last sickness. He was competent to make a will and to judge which of his children deserved the most.
Caleb O. Daughaday of town of Ripley checked the will at the request of Mr. Baird. He looked at the material facts in the will and did not observe the error in the name. Deceased, although a weak-minded man, was capable of judging the conduct of his children and of deciding what each of his children should have of his property. I was employed as counsel to the deceased in his difficulty with Norman Smith. He did not feel safe with Smith.
Joseph Sharpe of town of Ripley testified that he had done business with the deceased. Mr. Goodrich and Mr. Root were there during a business discussion. Deceased seemed to be suspicious of his whole family. Mr. Howarth told him that he thought Levi had had his part.
Lydia McFadin of town of Ripley, sister of Mr. Smith’s wife, said that she lived at Norman Smith’s at the time of the difficulty between the deceased and Mr. Smith. Deceased said that he hired Mr. Bennett to do his business for him because he was not capable of doing it himself. His memory was not very good.
Buonaparte Northam of town of Ripley testified that deceased was not capable of doing business or of making judicious disposal of his property. He was infirm from age in body and mind.
George E. Northam of town of Ripley had conversations with deceased and thought that for the last 2-3 years he was not of sound mind and not capable of doing business.
Walter Loomis of town of Ripley testified that the deceased never was bright, and that he was failing and becoming debilitated.
Thomas Norton of town of Ripley said that he had business with the deceased as a Justice. Deceased was a man of weak judgment, faculties impaired. If he came to me about a will, I would have advised him to go to a competent man acquainted with the affairs of his family to counsel him about the will. The deceased was capable of understanding who had the strongest claims upon his property.
Jeremiah Mann testified that the deceased mentioned Norman Smith as having used him bad. He was a weak-minded man, easily misled, but had a good memory.
A. F. Bennett of town of Ripley testified that deceased stated that he did not want his heirs treated equally. Levi had paid him for the land he had received, so he thought Levi should have more. Deceased was capable of making a will.
Northrup Mason of town of Ripley did not think deceased was capable of disposing of his property equitably among his heirs. Deceased stated that Smith did not use him well and meant to get his property. He could stay with daughter Amanda Root but did not like her husband. Deceased was not insane or an idiot.
Seneca Pierce testified that deceased was not capable of making a will. He could recollect whether he had given one child more than another and could recollect their conduct.
Milton Knapp of town of Ripley said that deceased was capable of dividing property equitably. He was afraid of Smith, who threatened to sue him for slander.
Harvey Hall Jr of town of Ripley said that Smith ran the farm poorly. Deceased was capable of making a will. He disapproved of the way Smith ran the farm and was afraid of Smith.
Jeriah Loomis of town of Ripley said that deceased was capable of doing business and of making a will.
Ira Loomis of town of Ripley said that deceased was capable of making a will.
Lavina Hall said that deceased was about 70 and was capable of making a will.
Benjamin F. Baird was recalled, said that deceased said that “Elizabeth Hartley had a note which belonged to him, which she would not give up to him, and for that reason he should not give her as much as he should some of the others. He said Smith’s wife had not had as much as the other girls and for this reason he should give her more.”
Harvey Hall was recalled, said that his wife was sister to Nelson Root’s wife. Deceased complained that Norman Smith did not take good care of him and intended to take his property.
Court 25 Jan 1847 – Court declared the will to be valid and granted Letters of Administration to Thomas Norton. Jeremiah Mann and George Goodrich of town of Ripley were appointed appraisers of the personal estate.
p. 74, Levi Fay [“Memo: This name should have been Timothy instead of Levi. See page 64 of this book for proof.”] of town of Ripley, Chautauqua County, New York, signed 24 Aug 1846.
$435 to daughter Delilah Fay. $355 to son Levi Fay. $188 to daughter Amanda Fay.
$100 to heirs of my daughter Mary Fay who is deceased.
$90 to heirs of my daughter Sarah Fay who is deceased, to be divided as follows: $5 to Norman Smith, $25 to Elizabeth Hartley, $30 to Sarah Jane Hartley, $30 to Phila Ann Hartley. Everything else to daughter Delilah Fay
COUNTRY ROADS BY JERRY MAKIN
THIS WEEK WE TRAVEL OUR COUNTRY ROADS TO A PLACE SITUATED ON MARSH CREEK, 1 1/2 MILES NORTH OF WELLSBORO. THE FIRST SETTLER HERE WAS, ELIJAH WEDGE, WHO LOCATED HER IN 1820. A TANNERY WAS STARTED HERE IN 1871 BY BAILEY, LOWELL AND CO. ON COT 17, 1883, THE WELLSBORO LEATHER COMPANY WAS INCORPORATED HERE. A POST OFFICE WAS ESTABLISHED HER ON MARCH 6, 1877 AND THE FIRST POSTMASTER WAS EDWARD G. SCHIEFFELIN. THIS IS STOKESDALE.
William P. Wedge born 1810/12 NY
Annis Wedge born 1810
Ezra Bates Wedge born 1834 NY, died in LaPorte County, Indiana during
the Civil War, joined Union army at Ross, Lake County, Indiana. Married
Mary Elizabeth Michael in Spring township, Crawford County, Pa.
He had a( son John Henry Wedge who married Margaret Ann Baskins,) and
(Amelia M. Wedge who married 1. David C.Pittman, then William Henry Buckley.)
JOhn Henry Wedge and Margaret Baskins had a son (and others) named Henry Washington Wedge, Henry married Rebecca Niblett, Henry and Rebecca had a son Oatho Lee Wedge born 1909 Greenwood, Sebastian County, Arkansas. Oatho Lee Wedge married Clara Mae Minker, then they had me Wanda Lee Wedge born 1937 Howe, leFlore Coounty, Oklahoma.
William P. Wedge had a daughter named Rosella Elizabeth Wedge who married
Jesse Carter.
William P. Wedge had a previously unknown daughter named Sally Wedge
who married Reuben Munson, they lived Chautauqua County, NY.
Needless to say, I have much more data, but maybe this will be enough for now.
Wanda Wedge Greathouse
4812 Esmar Rd Sp 14
Ceres ca 95307
wgreath760@aol.com
|
|
|||
|
