Sunset at Gowanus Bay

Sunset at Gowanus Bay
Sunset at Gowanus Bay, Henry Gritten, 1851

Monday, January 28, 2019

The Will and Probate Hearing of Daniel Brewer of Carmel, Putnam Co., New York, 1865

The will of Daniel Brewer, of Carmel, Putnam County, New York, followed by a lengthy record of the probate hearing, is found in Putnam County, New York Wills, Book I, beginning right at page 1 and ends on page 21.

Daniel Brewer (1865). File Box 1646. Wills I:1; Letters Testamentary C:58; Letters of Administration B:540 Old Estates. Will dated 6 June 1862, probated 13 March 1865. Daniel Brewer of the Town of Carmel. Son Jeremiah Brewer, all my land and personal property of whatever kind or nature provided he supports or causes to be supported my wife Elizabeth Brewer and my daughter Susan Brewer during their natural lives. This to be overseen by the executor of the estate. Should son Jeremiah Brewer refuse the above, the executor is to see that wife and daughter Susan Brewer "has their living upon my property above named (real and personal) or the use of the same during their natural lives..." After their decease, property to be sold and divided between "my five children," John Brewer, Daniel Brewer, Ebenezer Brewer, Fowler Brewer and Martha Barrett wife of John Barrett. Appoints Nathan A. Stokum as executor. Present at the probate hearing are Daniel Brewer, Fowler Brewer, John Brewer, Ebenezer Brewer and Martha Barrett. John H. Barrett was a witness to the signing. The probate hearing records a lengthy description by Nathan A. Stokum about who was present when Daniel wrote his will. On 23 May 1865 there was testimony of Andrew J. White which includes a description of Daniel Brewer's physical state at he time the will was written. He talks of Jeremiah Brewer whom he states is his brother-in-law, and often refers to him as "Jerry." This testimony (questions and answers) begins at I:3 and continues on to I:9 where it is followed by testimony (Q & A) from John H. Barrett, 26 years old, son of Gideon Barrett. Some of his testimony comments on Daniel Brewer's mental state. Nathan A. Stokum's testimony begins at I:13. He gives his age as 38 years. Jeremiah is referred to by the nickname "Hop," while Susan was "Sucky" and Daniel (the son), "Doctor." The case picks up on 29 June 1865 at I:17. The Judges conclude that the will was not executed in the manner required by law. That Daniel Brewer (the testator) was not of sound mind at the time the will was written. Isaac Barrett, of the Town of Kent, aged 64 years is called as a witness. "I  have lived three years this spring where I now am before moving there I lived on the Hill about three fourths of a mile from residence of Daniel Brewer." He testifies that he had known Daniel Brewer since he was a "small boy," and gives testimony regarding Daniel Brewer's state of health. "I had not much conversation with the testator since he moved from Dutchess County until some eight years ago." Isaac Barrett's opinion is that Daniel Brewer was not mentally competent.

Letters of Testamentary C:58, dated 29 June 1865. Administration of the estate granted to Nathan A. Stokum.

Letters of Administration B:540. Petition of Nathan A. Stokum of the Town of Carmel. Lists the heirs and next of kin of Daniel Brewer, deceased, as Daniel Brewer, Ebenezer Brewer, Fowler Brewer, Jeremiah Brewer and Martha Brewer Barrett (wife of John H. Barrett son of Gideon), all of the Town of Carmel, Putnam County, and John Brewer residing at Ovid, Seneca County, his only surviving children, and Sarah Elizabeth Jewell, residing at Ovid, Seneca County, daughter of Dingee Brewer, deceased, who was a son of the said Daniel Brewer, deceased. Susan Brewer, who was named in the will, is not mentioned in the petition. Elizabeth Brewer, living in the Town of Carmel, is the widow of Daniel Brewer. The petitioner shows that the value of the estate does not exceed two thousand dollars. Dated 13 March 1865. [Note: this predates the testimony of the probate hearing above. Also note that this copy is a typescript and the inclusion in parenthesis of "wife of John H. Barrett son of Gideon" for Martha Brewer's husband is an assumption of the transcriber/typist and is incorrect. Martha's husband was John J. Barrett, a son of Ebenezer Barrett. John H. Barrett gave testimony in which he mentions John J. Barrett. John H. Barrett was not married to Daniel Brewer's daughter, Martha].

You will find only a very partial account of Daniel Brewer on the Brouwer Genealogy Database. Since this last edition was created I have looked into Daniel Brewer, and some other Brewers found in Putnam County a bit more. We'll present more records and the like on the Brewers found in Putnam County, New York in up coming posts, and then put together a more complete picture of Daniel Brewer. For now, all there is to mention is that his estate probate record is rather unusual in that it includes many pages of testimony from neighbors.

BGB 631

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