Petition for Citation
April 30, 1841
Before the Surrogate
Dilaway F Philip & John P Ostrander |
Exr &c of Nancy Ostrander Decd |
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 acknolledging that she held a mortgge executed by Hawver &
wife for $210 Dated 7 May 1831 on a certain lot of land & (in consideration of $1
& natural love & affection) She thereby sold all her intrest in the mortgage to Hawver
& wife & their heirs and assigns to have possession immediately after her death,
reserving to herself during her 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 states that if she should think
proper to collect the same during her life, she thereby acknowledged that she
was to lay out and expend the whole same amt of principle & interest to the
best advantage for the use of Hawver & 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 consideration of the writing, she gave & bequeathed to the children
of the said Anna the house & lot whichshe purchased of the said Jacob I Moul & Cornelius
Moul in Ghent with the understanding that Hawver & wife might reside there during
his wifes natural life & appointed defs exrs - wil proved 7 March 1838 as a will
of real & personal property.
- that about the year 1832 the premisis on the mortgage & trust deed were sold
& conveyed by Hawver & wife & Nancy Ostrander to one John Snyder Jr.
for about $300 of which $210 was rec'd by Nancy Ostrander used & applied in the purchasing 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 7th Octr 1837 were
conveyed by Haver& wife & Nancy Ostrander to Henry Poucher for $375 & his note
taken to Nancy Ostrander, who died 11 Feby 1838 possessed of the note.
- that after her death & in march 1839 Poucher paid the note to Defts mounting to $401.25 -
- Pltfs charge that the Exrs are now legally & equitably accountable to them &
to the children of Haver & wife for the Amt of the note a illegible part thereof
with the interest.
- that Anna was the Daughter & that the following are the the children of Anna
viz. Nancy Catharine aged 17. Gertrude Margaret aged 16. Sarah Maria 11. Jas. Andrew 9.
Mary Jane 6. & Manda 2 yrs old.
- that Nancy Ostrander having died without appointing any trustee of the trust fund
mentioned in the writing of 5 March 1831 & in her said will they procured the appointment
by the Chanceller 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 as Trustee applied to Defts as Exrs to account & pay over to him
the amt of the note a such part as belonged to them, which they have refused, & have
not rendered an account of their administration.
- prayer for citation to render an account of their administration & especially
of the trust fund & for decree to pay over the same to the Trustee.
Citation issued 30th April 1841