In the Matter of the Estate of Daniel McMichael, dec'd
Petition of Executors for Final Accounting
Filed February 4, 1870
County of Montgomery
To James H. Cook Esq., Surrogate of Montgomery County
The petition of Robert McMichael and Daniel McMichael of the town of Florida in said county, respectfully showeth: that they are duly qualified and appointed by the Surrogate of the County of Montgomery, as the executors of the last will and testament of Daniel McMichael, late of the town of Florida N.Y. deceased on the 5th day of October 1846 and that eighteen months ____, have ____ since such appointment. Your petitioners further show that in this his said last will and testament the said Daniel McMichael did disperse of his estate as follows, to wit:-
To his wife Janet he gave all his real & personal property during her natural life or while she remained his widow except so much as was by said will thereafter dispersed of and after her death or marriage he gave and bequeathed to his sons and daughters all of his Real & Personal property, to be divided equally among these named, to wit Daniel, Robert, Barbary, Christi wife of Charlett Serviss, Albert, William, Isabella, John & Charlotte.
The execution of said will was divided to deliver out of the personal property, to Albert one cow, ten sheep & one bed & bedding,- the same to William & the same to John,- and to his daughter Isabella he gave one cow, ten sheep, one bed & bedding, also household furniture of the value of $20.- and to his daughter Charlotte the same as to Isabella which was to be delivered to them after their marriage or when they reached 21 years of age, if not demanded before.
The testator directed his four sons Daniel, Robert, Albert & John to pay to his son William out of their respective shares each the sum of twenty five dollars, two years after the death or marriage of their mother.
The testator appointed his sons Daniel & Robert ____ for his daughter Christi wife of Charlett Serviss, to hold for her during her life all that he had bequeathed to her and to pay her yearly every year during her life her just proportion of the said ____ in the legacy by him bequeathed to her and after her death, said legacy was given to her children [this line was later added:] to be divided equally between them upon their reaching 21 years of age. The testator authorized the executors to sell and carry his Real Estate or any fraction of it upon obtaining consent of his wife Janet, if it were thought advisable & in the interest of those concerned, to sell and Jay Cady was also to be consulted in ____ for such sale & his approval gained.
As by the said last will & testament and the probate thereof since in the possession of your petitioners, or by the second of the same in the office of the Surrogate, reference being there____ had, will fully appear. And your petitioners pray have to make such reference, if it shall be necessary for them so to do for the purpose of a settlement of their accounts as such executors aforesaid.
Your petitioners further show, that immediately after their appointment as such
executors, they entered ____ the duties of the trusts thereof [the rest of the sentence added later] & the widow of the testator _____ her life November sixth 1868.
That the following named persons are interested in the Estate of the said deceased and reside as follows:
Charlotte Morey wife of Silas Morey in the town of Florida, Montgomery Co. N.Y.,-
John McMichael at Middle Grove [?], Fulton Co. Illinois,- Annette Jule wife, of Abram Jule,- Jennette Beveridge wife of John Beveridge, William Serviss & James B. Serviss, all children of a deceased daughter Christi reside in said town of Florida,- and that Harriet Ingram wife of William Ingram, daughter of said deceased daughter - Christi resides in Canastota N.Y. Barbary wife of Lyman R. Billings, and William McMichael a son, reside in the town of Florida N.Y.
That Henry Gibson aged 21 years, Erastus Gibson aged 15 years & Emma Gibson aged 10 years, children of a deceased daughter Isabella, all reside with their father Elijah B. Gibson in the town of Vernon, Oneida Co. N.Y.
That your petitioners are ____ to such a final account of their proceedings as such executors. They therefore pray that a citation may issue out of and under the seal of this Court, who directed to all persons interested in the estate of the said Daniel McMichael dec'd requiring them to appear in this Court on a certain day to be therein specified, to attend the final settlement of the accounts of _____ petitioners as such executors aforesaid.
Dated this 3rd day of February 1870
In presence of Johnson I. Snell
Robert McMichael & Daniel McMichael the above named petitioners being each duly sworn . ... [line missing in photocopy] he has ____ read the above petition subscribed by him and he knows the contents thereof and the same is true of his own knowledge except as to those matters therein stated on information & belief & as to these matters he believes to be true.
Subscribed & sworn before me February 3, 1870 Robert McMichael
Johnson I. Snell Daniel McMichael
[NOTE: Daniel McMichael's widow was Janet ARNOT.]