"Extractions from Pardon Burdick's Probate, Herkimer County
Records, File 00346."
"To the Surrogate of the County of Herkimer:
The Petition of Samuel Paddock of the town of Frankfort in the
county of Herkimer, respectively represents, That your petitioner
was the neighbor of Pardon Burdick late of the town of Frankfort
in the county of Herkimer, deceased, and is an Executor named
in the last will and testament of the said deceased, which is
herewith presented to the Surrogate, and which your petitioner
received from the testator in his life time who requested petitioner
to keep the same in his custody -
and your petitioner prays that such proceedings may be had thereon,
that the same may be admitted to probate as a will of personal
property, and may be proved and recorded as a will of real property.
And your petitioner further represents that the said Pardon Burdick
died at his own residence in the town of Frankfort in the county
of Herkimer, on or about the 19th day of March 1840, leaving real
and personal property in the county of Herkimer, and leaving no
widow and no children but next of kin whose names places of residence
are as follow viz Alpheus Burdick who resides in Hopkinton State
of Rhode Island and Wedon Burdick who resides in the town of Pitcher
County of Chenango and state of New York and that the above named
persons are all and the only heirs at law of said Pardon Burdick
deceased, to the best of his knowledge, information and belief."
This first document ends with signatures: Samuel PADDOCK before
Surrogate Ch. S. BENTON on April 1[6]th, 1840.
A following document records more kin: Sabra CHAMPLIN, widow
of _____ CHAMPLIN, and the children of Wedon BURDICK, "…[son]
of said [deceased] viz" Sebens BURDICK, Willet BURDICK, Horace
BURDICK, Sophia, wife of Gardner CARPENTER, Catharine, wife of
David WELLS, Manilla (Marilla?), wife of ______ JOHNSON, Wealthy,
wife of Matthew WELLS, Jr., and Gardner BURDICK.
A notice was posted in the Albany Evening Journal for six weeks
starting May 21st:
"STATE OF NEW-YORK, CITY AND COUNTY OF ALBANY,
The people of the state of New York, by the grace of God free
and independent, to all to whom these presents shall come or may
concern, and especially to Alpheus Burdick and Sebra Champlin,
widow, residing in Hopkinton in the state of Rhode Island; Sebens
Burdick, Willet Burdick, Horace Burdick, Gardner Carpenter and
Sophia his wife, David Wells and Catharine his wife, ______ Johnson
and Marilla (sic) his wife; residing in Lincklaen, Chenango county
and state of New York; to Matthew Wells junior and Wealthy his
wife, residing in De Ruyter, Madison county and state of New York,
and to Gardner Burdick, whose place of residence is unknown, greeting.
Whereas Samuel Paddock, the only executor of the last will and
testament of Pardon Burdick deceased, has this day offered the
said will for probate before Charles S. Benton, surrogate of the
county of Herkimer: you are therefore hereby cited to appear before
the said surrogate, at his office in the town of Little Falls
in the county of Herkimer, on the 6th day of July 1840 at ten
o'clock in the forenoon, to attend, if you see fit, the probate
of the said will, and to shew cause, if any you have or know,
why the same should not be admitted to probate and proved as a
will of real and personal property according to law.
Given under the hand and seal of office of our said surrogate
(L. S.) at Little Falls in said county, on the 19th day of May,
eighteen hundred and forty.
63Fm21-6w CH. S. BENTON, Surrogate."
A second, similar notice was posted, again in the Albany Evening
Journal, on July 14th for six weeks. This notice addressed only
one couple, _______ JOHNSON and his wife Manilla (sic), "whose
place of residence cannot on diligent inquiry, be ascertained…"
Seldon HARVEY signed two statements during the summer certifying
that he had provided copies of the official papers to next of
kin whom he specified. (The first of these statements is particularly
hard to read, but the signature in the conclusion is of interest;
tentatively deciphered, "Sworn Before me this 3rd Day of
July 1840 Diodate Hungerford…")
On Sept. 7, 1840, George WOOD appeared before Surrogate Ch. S.
BENTON and deposed as follows:
"George Wood of the town of Paris in the county of Oneida
being duly sworn and examined, doth depose and testify, That he
was acquainted with Pardon Burdick (now deceased,) in his life
time; - that this deponent saw the said Pardon Burdick subscribe
the instrument now shown to the deponent, purporting to be the
last Will and Testament of the said Pardon Burdick bearing the
date the thirteenth day of December in the year eighteen hundred
and thirty eight and that the said Pardon Burdick at the same
time declared the said instrument to be his last Will and Testament;
- and that the deponent, together with Anson S. Burpee the other
subscribing witness to said Will, subscribed his name as a witness…"
Anson S. BURPEE signed a similar deposition on the same date,
and on this day, Sept. 7, 1840, the probate papers were filed.