1887 Decree on Judicial Settlement
Wayne County, NY
This legal document is one of a group of documents transcribed and contributed by researcher Ron Reid. Ron has contributed many transcriptions of original documents to our site about Wayne County Kenyons and Garlocks who migrated west from Herkimer County NY in the 1830s. This document has been reformatted for ease in online reading.
DECREE ON JUDICIAL SETTLEMENT
At a Surrogate's Court
Held at the Surrogate's Office in the village of Lyons, in the
County of Wayne, on the 5th day of September 1887
John S. Rich the Executor of the last Will and Testament of Friend Kenyon late of Marion in said County, deceased, having on the 15th day of July 1887 presented his petition in writing, duly verified, on the 4th day of July 1887, to the Surrogate of the County of Wayne, praying for the judicial settlement of his accounts as such Executor and a citation having been thereupon issued pursuant to statute, directed to all persons interested in and all creditors of the estate of said deceased, citing and requiring them and each of them personally to be an appear before the said Surrogate, at his office in Lyons, in said county, on the 5th day of September 1887, at ten o';clock in the forenoon of that day, to attend such judicial settlement. And the said citation having been returned with proof of the due service thereof on Anna M. Nichols, Melissa Gillett, Elizabeth J. Terrill, Revie Kenyon, Anna Kenyon, Ellen Poskett, Jonas Kenyon, Charles Kenyon, Jonas Kenyon Jr. James Kenyon, Thomas Kenyon Hattie D. Durfee, Nellie E. Gillett, George H. Gillett, Maud M. Gillett
And the said Executor having appeared on the return day of said citation in person and by________his attorney and and no one appearing and offering any objection to his account, and Henry R. Taber Esq having been duly appointed Special Guardian for Maud M. Gillett and appearing for her and the said executor having rendered his account, under oath before the said Surrogate, and the said account having been filed together with the vouchers in support thereof, and ______
The said Surrogate after having examined the said account and vouchers, now here finds the state and condition of the said account to be as stated and set forth in the following summary statement thereof made by the said Surrogate as finally settled and adjusted by him to be recorded with and taken to be a part of the decree in this matter, to wit:
A summary statement of the accounts of John S. Rich as Executor of ?? of Friend Kenyon deceased made by the Surrogate as finally settled and allowed:
The said Executor is to be charged with
Amount received as per Schedule “A” 1034.75
The said Executor is to be credited with
Amount of Schedule “C” 426.52 426.52
And it appearing that the said Executor has fully accounted for all the moneys and property of the estate of said deceased which have come into his hands as such Executor and his account having been adjusted by the said Surrogate, and a summary statement of the same having been made as above and herewith recorded; it is hereby
ORDERED, Adjudged and Decreed that the said account be and the same is hereby finally and judicially settled and allowed as filed and adjusted.
it is further Ordered, Adjudged and Decreed, that out of the balance so found
as above remaining in the hands of the said Executor
he retain the sum of ______ dollars for the commission to which he is
entitled on this accounting, and that he retain the further sum of Sixteen 50/100 dollars for his
counsel fees and expenses of this proceeding as the same are charged and
credited in his account as filed and adjusted.
And it appearing by the last will and testament of the said Friend Kenyon deceased now of record in this office, that therein the said testator made disposition of the residue and remainder of his property after the payment of his debts and funeral expenses by giving the entire interest and income thereof to his wife Anna Kenyon during the term of her natural life, and after her death directing his executor to convert his estate into money and to invest the same and to pay the income through (or so much as was necessary for their support) to his grandchildren Hattie D. Gillett, Nellie E. Gillett, George H. Gillett and Maud M. Gillett share and share alike, and upon each attaining the age of twenty on years to pay to him or her, the one fourth part of said principal sum. And it appearing that the said Anna Kenyon is dead and that Hattie D. Gillett (now Hattie D. Durfee) Nellie E. Gillett and George H. Gillett are now over the age of twenty one years and that Maud M. Gillett is yet a minor:
It is hereby Ordered, Adjudged and Decreed, that the said Executor pay to the said Hattie D. Durfee the sum of one Hundred and Forty seven 93/100 Dollars the same being the one fourth part of the balance remaining in his hands: That the pay to Nellie E. Gillett the sum of One Hundred and forty seven 93/100 Dollars the same being the one fourth part of the balance remaining in his hands: That he pay to George H. Gillett the sum of One Hundred and forty seven 93/100 Dollars the same being the one fourth part of the balance remaining in his hands.
That the remaining sum of One Hundred and forty seven 94/100 Dollars be kept and invested by said executor and the interest and income thereof be paid for the support and maintenance of Maud M. Gillett until the time she reaches the age of twenty one years, at which time said Executor shall pay the said sum to her, in accordance with the will of said Testator.
In Witness Whereof the Surrogate of
Said County of Wayne has hereunto
Set his hand and seal the day and year
First above written.
(Wayne Surrogate's Court File 2577)
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