Estate Papers - Citation

April 30, 1841

The People of the State of New York by the Grace of God Free + Independent - To all to whom these presents shall come or may concern and Especially to Dilaway F Philip + John J Ostrander Executors of the last will + testament of Nancy Ostrander deceased - send greeting. You are hereby cited + required personally to be and appear before our Surrogate of our County of Columbia at the office E B Cowles in the City of Hudson on the seventeenth day of June next at ten Oclock in the forenoon of that day to render a just true & perfect account of your administration of the goods + chattles which were of the said deceased & have come to your hands possession or knowledge to be administered or into the hands or possession of any other person or persons for you & to abide by & perform such orders & decrees as may be made in the premises on the petition of Jacob Hawver & Anna his wife & of Henry Poucher as Trustee of said Jacob & Anna filed in our Surrogates Court of the County of Columbia wherein they allege that the said Henry has a demand & claim as Trustee for the benefit of the said Jacob & Anna & of their children as a creditor of the Estate of the said deceased - and hereof fail not - In Testimony whereof we have caused the seal of office of our said Surrogate to be hereto affixed. Witness William H. Tobey Esquire Surrogate of our said county at Kinderhook the thirtieth day of April in the year of our Lord one thousand Eight hundred & forty one & of our independance the sixty fifth

Petition

before the Surrogate

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Dilaway F. Philip & John P. Ostrander  |
Exrs &c of Nancy Ostrander  Decd       |
           adm                         |
Jacob A. Hawver & Anna his             |
wife & Henry Poucher                   |
_______________________________________|

Petition filed 30th April 1841 representing that Nancy Ostrander on 5 June 1831 executed an instrument under hand and seal acknowledging that she held a mortgage Executed by Hawver & wife for $210. Dated 7 May 1831 on a certain lot of land. & (in consideration of $1 & natural love and affection) She thereby sold all her interest in the mortgage to Haver & wife & their Heirs & assigns to have possession immediately after her death. reserving to herself during life the sole control and ownership thereof, & also the right of appointing a Trustee to hold the same forever for the use of Hawver & wife & their Heirs & assigns - & in which she further stated that if she should think it proper to collect the same during her life, she sternly acknowledged that she was to lay out & expend the same whole amount of principle & interest to the best advantage for the use and benefit of Haver & wife & to the Heirs born of her body.

• that Nancy Ostrander by her will dated 12 Jany 1833 (after reciting the agreement) declared that in considertion of the writing she gave & bequeathed to the Children of the said Anna the house & lot which she purchased of Jacob J. Moul & Cornelius Moul in Ghent with the understanding that Hawver & wife might reside there during his wife's actual life, & appointed Defts Exrs - will proved 7 March 1838 as a will of real & personal property.
• that about the year 1832 the premises in the mortgage & trust Deed were sold and conveyed by Hawver & wife & Nancy Ostrander to one John Snyder Jr. for about $300. of which $210 was recd by Nancy Ostrander used & applied in the purchase of a lot in Ghent & the erection in part of a house thereon for Hawver his wife & family being the lot mentioned in the will, & which house & lot on the 7 Octr. 1837 were conveyed by Haver & wife & Nancy Ostrander to Henry Poucher for $375 & his note taken to Nancy Ostrander, who died 11 July 1838 possessed of this note.
• that after her death & in March 1839 Poucher paid the note to Defts Amounting to $401.25
• Pltfs chage that the Exrs are now legally & Equitably accountable to them & to the children of Haver & wife for the Amt of the note or some part thereof with the interest

  that Anna was the Daughter & that the following are the Children of Anna viz. Nancy Catherine aged 17. Gertrude Margaret aged 16. Sarah Maria 11. Jas. Andrew 9.

• that Nancy Ostrander having died without appointing any Trustee of the trust fund mentioned in the writing of 5 June 1831 & in her said will they procured the appointment by the Chancellor of Henry Poucher as Trustee for Haver & wife & for their children in relation to the trust fund & he was appointed by an order dated 5 June 1840 & given security
• that Poucher applied to Defts as Exrs to amount & pay over to him the amt of the note or such part as belonged to them, which they have refused & have not rendered an amount of their administration
• prayer for citation, to render an amount of their administration & especially of the trust fund & for decree to pay over the same to the Trustee