Elisha Dake's Estate

Vol. 33 Pgs. 168-171
North Springfield, VT Probate Office


State of Vermont
At a Probate Court held at Cavendish within District of Windsor and for said District on the 7th day of July AD 1874

Present Hon. William Rounds, Judge

An instrument purporting to be the last will and testament of Elisha Dake late of West Windsor in said District, deceased, was presented to the Court here for Probate by Henry H. Dake, the Executor therein named.
Therefore it is ordered by said court that public notice be given to all persons concerned therein to appear before said court at a session thereof to be held at the Register's office in Cavendish on the 25th day of August A.D. 1874 and contest the probate of said will if they see cause: and it is further ordered that this order be published three weeks successively in the Vermont Journal, a newspaper printed at Windsor in this state, the last of which publications shall be previous to the day assigned as aforesaid for hearing.

A true record Attest Charles F. Barrett, Register
August 25th AD 1874

I certify that the foregoing order of publication has been complied with.
Attest Charles F. Barrett, Register

Will
I, Elisha Dake, of West Windsor in the County of Windsor and State of Vermont, being in my own apprehension of sound and disposing mind and memory, and being desirous of arranging my worldly affairs while I have the strength and ability so to do, do judge it best to make, and accordingly do hereby make this my last will and testament, as follows----

First, I direct that all my just debts and the expenses of my funeral (including suitable gravestone to be erected at my grave) shall be paid as soon as conveniently may be after my death.

Second, whereas I have advanced to each of my children out of my property the sum of five hundred dollars, to wit, Ellen M. English, Lucy Sprague, Sophronia E. Pierce and Henry H. Dake---and whereas I have, by way of a deed of my old farm, secured to the said Ellen M., Lucy and Henry H., the sum of one thousand dollars each, payable at the death of both myself and wife, and have secured to the said Sophronia E. a like sum of one thousand dollars at the death of myself and wife in the said deed----and by these means have in my estimation made a just and equitable provision for my children, therefore, I give, devise and bequeath to my beloved wife Sarah A. Dake and to her heirs and assigns forever the whole of my estate both personal and real, wheresoever the same may be situated.

Third, I hereby nominate, constitute and appoint my son, Henry H. Dake, of Weathersfield in the County of Windsor and State of Vermont, to be the Executor of this my last will and testament, and I hereby revoke all former wills by me made.

In witness whereof I have hereunto affixed my hand and seal, this twelfth day of August Anno Domini, one thousand eight hundred and seventy one.
Elisha Dake

Signed, Sealed, and published and declared by the said Elisha Dake as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other, have subscribed our names as witnesses thereto:
Luther Kendall
Roswell W. Houdly
Gilbert A. Davis

A true record: Attest Charles F. Barrett, Register

State of Vermont
At a Probate Court held Cavendish in said District of Windsor
District on the 25th day of August AD 1874

Present. Charles F. Barrett, Register (the Judge being absent)

The instrument hereunto annexed purporting to be the last will and testament of Elisha Dake, late of West Windsor in said District deceased, was presented to said Court and duly proved. The Court aforesaid doth therefore by virtue of the power and authority thereunto given in and by the laws of said State, approve and allow of said instrument as the last will and testament of the said deceased and doth commit the administration thereof in all matters and things concerning the same and of the Estate of the said deceased, whereof he died seized and possessed in said State unto Henry H. Dake, the executor in said will named will and faithfully to execute the same, and administer the estate of the said deceased according thereunto, he the said Henry H. Dake accepting said trust and giving bonds according to law.

A true record - Attest: Charles F. Barrett, Register

State of Vermont
At a Probate Court held at Cavendish in said District of Windsor
District on the 25th day of August AD 1874

Present Charles F. Barrett, Register (The Judge being absent)

Amasa F. Robinson and Charles Spaulding of West Windsor in said District are appointed commissioners on the Estate of Elisha Dake late of said West Windsor, deceased, and six months from this date are allowed all persons in which to exhibit and substantiate their claims and demands against said estate; at the expiration of which time the said Commissioners are on oath to make report to this Court.
A true record, Attest: Charles F. Barrett, Register

To the Probate Court for the District of Windsor:
The undersigned, executor of the last will and testament of Elisha Dake late of West Windsor in said District deceased, testate return, the following inventory of the Estate belonging to said estate.

Real Estate

16 acres land, house & Barn 1000.00
Woodland 20 acres 450.00 1450.00


Personal Estate

7 Notes $50 each against Norman E. Perkins 350.00
1 Note against Horace Spaulding 400.00
1 Note against Amasa Robinson 500.00
1 Note against Sylvetas Small 160.00
1 Note against " 500.00
1 Note against John Hastings 160.00
2 Notes against Henry H. Dake 750.00
Furniture & Farming tools 100.00
1 cow 40.00
Hay 60.00 200.00
$3020.00












August 25, 1874

Henry H. Dake Exr.

State of Vemont
August 25th 1874
District of Windsor

Then the foregoing inventory of the estate of Elisha Dake late of West Windsor in said District, deceased was returned by the Executor and accepted by the Judge and ordered to be recorded.

A true record - Attest: Charles F. Barrett, Register

Commissioners Report

To the Probate Court within and for the District of Windsor,
We, the subscribers, commissioners, appointed to receive, examine and adjust all claims and demands against the estate of Elisha Dake, late of West Windsor in said District deceased, and all claims and demands exhibited in offset thereto, have given public notice of the times and places when and where we would attend to the business of our appointment, by posting a notification thereof in four public places in the County of Windsor, to wit, at the Post Office in Ascutneyville, the Post Office in Windsor, the Post Office in Felchville in Reading, and the Post Office in Brownsville in West Windsor, and by publishing the same three weeks successively in the Vermont Journal, printed at Windsor in this State, as in the warrant of our appointment we were directed, and have attended to the service assigned us, and report the following as the list of claims which have been presented for allowance against said estate, the sum allowed and disallowed, and the balance found in favor of and against said estate.

George E. Pierce claim for breach of warranty in deed of line fence
Amount claimed 100.00
Amount allowed 25.00
Amount disallowed 75.00
Balance against Estate $25.00

West Windsor, VT May 11, 1875
Amasa F. Robinson
Charles Spaulding Commissioners


State of Vermont
Chester May 14, 1875
District of Windsor
Then the foregoing report of Commissioners on the Estate of Elisha Dake, late of West Windsor in said District deceased, together with the commissioners warrant was returned to the Probate Court for said district, accepted by the Judge and ordered to be recorded
A true record - Attest : Charles F. Barrett, Register

Administration Account

The Estate of Elisha Dake, late of West Windsor, deceased, testate, in account with Henry Dake, Executor---

Cr.
By amount of personal estate as returned by Executor 3020.00
By interest collected on sundry notes, as per Statement note 157.00
By cash received for pig, not inventoried 7.00
By cash received from widow of testator 225.00
$3409.00








The Same Dr.
To paid funeral charges & expenses of last Sickness, including $200 paid for family monument 259.50
To paid taxes, State, State School, Town, Highway & District School tax 106.65
To paid list of claims as per report 25.00
To paid S. J. McIndoe's Est & VT Journal co for Advertising 8.50
To paid commissioners as per receipts 5.18
To paid for & by the widow of testator, towards Support 65.00
To paid Probate fees record and assistance in Making this account 12.00
(The Executor makes no charge for services or expenses) $481.83
Amount of Credit brought forward $3409.00
Amount of Debit deducted 481.83
$2927.17












To paid and delivered said balance consisting of sundry notes,
furniture & other personal estate to the widow of the testator, Mrs.
Sarah A. Dake $2927.17
                                                                       	$3409.00
Chester Sept. 4, 1875
Henry H. Dake, Executor


State of Vermont
At a Probate Court held at Chester in said District of Windsor
District on the 4th day of September AD 1875
Present Hon. William Rounds, Judge

Henry H. Dake, Executor of the last will and testament of Elisha Dake, late of West Windsor in said District, deceased, has presented the foregoing account of his administration, for examination and allowance and all persons concerned therein having been duly notified the same is examined and allowed and ordered to be recorded.

A true record - Attest: Charles F. Barrett, Register