In the matter of proving Will of personal property of Peter H. Walrath deceased
Petition (filed May 18,1831)
To Tobias A. Stoutenburgh Esquire Surrogate of the County of Montgomery
The Petition of Thomas Easton of the town of Palatine in the said County of Montgomery.
Respectfully Showeth:
That Peter H. Walrath late of the town of Palatine in the County of Montgomery died a natural death on ________ at the said town of Palatine, in the said county, leaving a last will and testament. That he the said deceased, did therein and thereby appoint your petitioner executor of his said last will and testament. That the said deceased died leaving William P. Walrath, Peter P. Walrath, Gilbert Storms & Caty his wife, Thomas Easton& Eve his wife, Caleb Davis & Betsy his wife, Henry Fuller & Nancy his wife, James W. Hees & Gertrude his wife, Eve Walrath, his widow, and Mary Ann Fuller, Alva Fuller, and Peter Fuller his grandchildren, the children of his daughter Margaret deceased, Jesse Matoon & Mary Barbara his wife, by means whereof as your petitioner has been informed and truly believes the Surrogate of the said County has sole and exclusive power to take the proof of the said last will and testament of the said deceased. That your petitioner being desirous that the said will should be admitted to proof and letters testamentary thereon be granted to you petitioner, therefore pray a citation issuing out of and under the seal of this honourable court, requiring the said William P. Walrath, Peter P. Walrath, Gilbert Storms & Caty his wife, Caleb Davis & Betsy his wife, Henry Fuller and Nancy his wife, James W. Hees & Gertrude his wife, Jesse Matoon and Mary Barbara his wife, Eve Walrath his widow and Mary Ann Fuller, Alva Fuller, Peter Fuller, his grandchildren, the children of his daughter Margaret deceased, personally to be and appear when and where this Honorable Court direct, to oppose or support as they may see fit, the probate of the said last will and testament. And you petitioner will ever pray to. Your petitioner further states and says that, he has been informed and believes true, that James W. Hees & Gertrude his wife live in the State of Ohio, and that a notice cannot be personally served on them: And that Jesse Matoon & Mary Barbara his wife live in the County of Oswego; and therefore prays that this Honourable Court may order a notice to be published in some newspaper to give notice to the above mentioned James W. Hees & Gertrude his wife & Jesse Matoon & Mary Barbara.
Thos. Easton_____(his signature)
Montgomery County SS: Thomas Easton the above petitioner being duly sworn doth depose and say that the matters set forth in the foregoing petition are true to the best of his knowledge, information, and belief.
Sworn this Eigteenth day
of May 1831 before me
Tobias A. Stoutenburgh Surrogate
(signed)
Notation on cover sheet that June 6, will proved as to personal property<
In the matter of proving Will of the Real Estate of Peter H. Petition
(filed Aug.1, 1831)
To Tobias A. Stoutenburgh Esquire Surrogate of the County of Montgomery
The Petition of Thomas Easton & David W. Fuller
Respectfully Showeth:
That your petitioners are the executors named in the last will and testament of Peter H. Walrath, late of the town of Palatine in the County of Montgomery, deceased. And are desirous to have proof thereby taken, as of a will of Real Estate, according to law. And your petitioners further show, that they have caused notices to be duly served on Peter P. Walrath, William P. Walrath, Eve Walrath widow, Gilbert Storms & Caty his wife, Jesse Matoon and Mary Barbara his wife, David W. Fuller, the father andguardian of Mary Ann Fuller, Alva Fuller, & Peter Fuller, James W. Hees & Gertrude his wife, the heirs at law of the said deceased, as will more fully appear, by affadavit of such service which your petitioners, will produce to this court, at the time assigned for the hearing of this matter.
Your petitioners therefore pray that they may be permitted to produce before this Court the subscribing witnesses to said will and such other necessary proof, as by this Court may be deemed proper, and your petitioners will ever pray be
Dated August 1st 1831
Thos Easton
David W. Fuller
(their signatures)
In the matter of the estate of Peter H. Walrath deceased
Renunciation of William P. Walrath as Executor
filed July 8th, 1831
To the Surrogate of the County of Montgomery
I, William P. Walrath an executor named in the last Will & testament of Peter H. Walrath late of the County of Montgomery do hereby renounce the same.
dated July 7th, 1831
William P. Walrath
(his signature)
Phebe Mariah Lyon
David W. Fuller
(signature of witnesses)
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