Friday, August 14, 2015

Probates: Will of James Ferris

After examining several estate inventories of men who died intestate, I thought it'd be interesting to investigate the case of a person who actually left a will.

James Ferris (father of Peter N. Ferris; of unknown relation to Stephen Ferris) wrote his will on September 8, 1826, and died two days later at the age of 65. Eleven years older than Stephen Ferris, he would have been alive to witness (but probably not remember) the building of St. George's Church in 1762. He definitely would have remembered the years of the American Revolution, during which New Castle was a hostile no-man's-land located between British and American territories, and would have been a young man in the time that the community was slowly being rebuilt.

James's will makes use of the same conventions that most wills of the day used. He made sure to state that he was "of a perfect mind and memory," to instruct his executors to pay his debts and funeral expenses, and provided for his family in the way that would have been expected. His wife, Martha, received a third of his real and personal estate, which was a typical portion (in some places the "widow's third" was written into law, to ensure that a married woman would have enough to live on after her husband's death). The mention of Martha's dowry was meant to imply that she would receive back the value of those items she brought with her into the marriage. James's two sons received money, while his unmarried daughter received furniture and money -- all pretty much typical arrangements. James's married daughters would have likely received some personal property at the time of their marriages, so that Sarah Ferris would be owed a larger portion.

It is also not that unusual that James gives only ten dollars to his son, Peter N. Ferris, while giving eight hundred dollars to his son Horatio. James seems concerned to point out that Peter's portion is a "just and full sum," and "the reason why I give him no more is he has heretofore been provided for." It's not uncommon that a portion of a person's estate might have been distributed to one or more children before the writing of the will. Ten dollars was probably meant as a nominal sum so as not to appear to snub Peter in his father's will.


Will of James Ferris

Be it remembered that I James Ferris of the town of New Castle in the Country of Westchester and state of New York, being weak in body but of a perfect mind and memory do make and publish this my last will and testament as follows.

First I order and my will is that my executors hereafter named and appointed by me first and foremost to pay my funeral charges and also all my just debts out of my estate. Secondly I order and my will is that my real estate be sold by my executors at private sale (and if not sold within two months after my decease then to be sold at public auction or as soon as thereafter as my executors shall think proper) and a deed of conveyance given for the same by my executors. I further order and my will is that my executors sell any personal estate at public auction as soon after my decease as they shall think proper except such of my personal estate as is herein after disposed of.

I give and bequeath to my beloved wife Martha Ferris in sense of her dowry two cows one equal half of all and singular my beds, bedsteads, cords, and bedding, one table and three chairs at her disposal and the use of one third of the monies arising from the sale of my real and personal estate what remains after my just debts, funeral charges, and the exchange of settling my estate is paid, and the use of all my household furniture as long as she shall wish to keep house and at her decease to be equally divided between my four daughters.

I give and bequeath to my son Peter N. Ferris the just and full sum of ten dollars to be paid to him by my executors after the sale of my real estate. The reason why I give him no more is he has heretofore been provided for.

I give and bequeath to my son Horasho [sic] Ferris eight hundred dollars to be paid to him by my executors after received by them from the sale of my real and personal estate.

I give and bequeath to my daughter Sarah Ferris two cows, the equal one half of all and singular my beds, bedsteads, cords, and bedding together with forty-five dollars in money to be paid to her as is mentioned above.

I further order and my will is that the remainder of my estate not otherwise disposed of be equally divided by my executors between my four daughters namely Emily Clapp, Aliner [sic] Carpenter, Mary Kirby, and Sarah Ferris to be paid to them as is mentioned above.

I further order and my will is as it respects the one third of my estate which my wife has the use of as is before mentioned to be equally divided by my executors or their survivors as soon after the decease of my wife as is convenient for them so to do between my son Horasho Ferris and my four daughters namely Emily Clapp, Aliner Carpenter, Mary Kirby, and Sarah Ferris.

I constitute and appoint my son Horasho Ferris and my friend Gilbert Brundage to be my executors to this my last will and testament, disallowing and disanulling [sic] all other wills and testaments, ratifying and confirming this and no other to be my last will and testament, sealed with my seal dated this eighth day of September in the year of our Lord one thousand eight hundred and twenty six.

Signed, sealed, published, and declared to be my last will and testament in the presence of

Emos Mayshall
Benjamin Kirby
Jonathan Cornwell


Using James Ferris's will and information from gravestones, it is possible to reconstruct his family tree (green names indicate those buried in the Episcopal cemetery):
  1. James Ferris (1760-1826) m. Martha (1767-1830)
    1. Horasho Ferris
    2. Peter N. Ferris (1789-1845) m. Phebe Ward (1791-1857)
      1. Emily Ferris (1812-1878) m. George M. Sherwood (1812-1901)
      2. Jane Ferris m. James D. Sherwood
        1. Maria S. Sherwood
      3. Joseph D. Ferris
      4. Sarah Matilda Ferris (1825-) m. Silas Constant Whitney (1810-)
      5. Benjamin M. Ferris
      6. Absalom N. Ferris
      7. Mary E. Ferris m. John H. Scott
    3. Emily Ferris (1796-1842) m. Philip Clapp
    4. Eleanor Ferris (1796-1827) m. William Carpenter (1801-1830) m. Sarah (1802-1830)
    5. Mary Ferris (1800-1879) m. Joseph Kirby (1801-1849)
    6. Sarah Ferris

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