Page 109 — Opening of the Probate
Nicholas Salisbury's Estate
At a Surrogate's Court held at the Surrogate's office in the town of Adams in the County of Jefferson on the 13th day of January, 1834, before Benjamin Wright, Surrogate of said county, for the purpose of proving and recording the last will and testament of Nicholas Salisbury of the town of Adams in said County of Jefferson, deceased, pursuant to Chapter 6, Title 1, Article 1, Part 2 of the Revised Statutes of the State of New York, on the application of Smith Salisbury and Walter Webb, executors named in said will.
Seneca [T.] Salisbury, one of the heirs named in said will, appeared. The other heirs of said deceased made default. Whereupon satisfactory proof was taken before the said Surrogate of the service of a notice or citation on the heirs of said deceased, according to the Revised Statutes in such case made and provided.
The notice and proof of acknowledgment of service reads:
To Seneca Salisbury Esq, one of the Heirs of Nicholas Salisbury late of the town of Adams in the county of Jefferson and State of New York, deceased. You are hereby required to take notice that we shall apply to Benjamin Wright, Surrogate of the county of Jefferson, at his office in the town of Adams in the county of Jefferson, on the 13th day of January next at 10 o'clock in the forenoon, to have the last will and testament of Nicholas Salisbury deceased proved, &c., pursuant to Chapter 6, Title 1, Article 1, Part 2 of the Revised Statutes of the State of New York.
Dated 21st day of December, 1833. Signed: Walter Webb & Smith Salisbury, Executors
"I hereby acknowledge due & legal service of the within notice" — Dec. 1833 — signed Seneca S. Salisbury
Page 110 — Notice to the Other Heirs; Depositions Begin
A similar notice, in all respects to the one recorded above, was directed to and served upon:
Mrs. Abigail Rudd
Edward Salisbury
Lucy L. Webb
Lydia Smith
Silas S. Salisbury
And to [Haley?] Bacon, Guardian of Juliett Brown, Sarah Ann Brown, James Brown, Ellen Brown, Caroline Brown, William Brown, and Maria Brown — the minor children of Sarah Brown, deceased
(This is new, valuable detail: the seven named minor children of Nicholas Salisbury's deceased daughter Sarah [Salisbury] Brown, and the name of their court-appointed guardian.)
Deposition of David H. Parkham of Adams, Jefferson County, sworn: he saw Nicholas Salisbury execute the will dated August 15, 1833; heard him declare it his last will and testament; subscribed his own name as a witness at Nicholas's request; and testified Nicholas was of sound mind and memory, of full age, and not under restraint. Sworn before Benjamin Wright, Surrogate, January 13, 1834.
Page 111 — Second Witness Deposition & Surrogate's Order
Deposition of Calvin Skinner of Adams, Jefferson County — identical testimony to Parkham's, confirming he witnessed Nicholas Salisbury execute the will on August 15, 1833, and that Nicholas was of sound mind, full age, and unrestrained.
The Surrogate, being satisfied that the will was duly executed and the testator competent, allowed the will and ordered it recorded. Signed Benjamin Wright, Surrogate.
Page 112 — Full Text of the Will Begins
In the name of God, Amen. I, Nicholas Salisbury of Adams, Jefferson County, New York, do make and declare this my last will and testament...
(This matches word-for-word the will text you already have transcribed from pages 318–319 — the 1833 dispositions to sons Seneca T. and Edward ($1 each, having already received their shares), the life-estate farm to son Silas T. Salisbury with contingent remainders to his widow/ children, etc.)
Pages 113–114 — Continuation of Will Text
Continues with the bequests to daughters Lydia Smith ($60), Abigail W. Rudd ($1, having previously received her portion), the children of daughter Sarah [Salisbury] Brown, deceased ($60 divided equally — now identified by name on page 110 as Juliett, Sarah Ann, James, Ellen, Caroline, William, and Maria Brown), and Lucy L. Webb ($60 plus a bed/ bedding and choice of a cow). Residue of personal estate to son Silas T. Salisbury. Executors named: brother Smith Salisbury and Walter Webb.
Page 115 — Execution & Witness Signatures
I have hereunto set my hand and seal this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty-three.
Nicholas Salisbury (L.S.)
Signed, sealed, published and declared by the said Nicholas Salisbury to be his last will and testament in the presence of the undersigned witnesses:
Calvin Skinner of Adams, N.Y.
Laban Ross of Adams, N.Y.
David H. Parkham of Adams, N.Y.
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