Have you ever found a will that connects one of your ancestors to their father only to discover that the FamilySearch tree is missing several of the children that are named in the will? Well that’s what I found after transcribing the will of John Kennedy of Madison county, New York.
I found the will on Ancestry in their database, New York, U.S. Wills and Probate Records, 1659-1999, by looking at the leaf hints for John Kennedy. My third great grandmother, Mary Kennedy, is the wife of Ozias Wells. I have her father identified as John Kennedy and the will I found is definitely for the father of Mary Kennedy Wells.
to my daughter Mary one hundred
and fifty dollars for her own personal benefit the interest of which she can have
annually and such parts of the principal as she may from time to time need for
her own comfort but in no case is her present husband Ozias Wells to have the han
dling or control of any part of either the principal or interest of the aforementioned
sum
I have the father, John Kennedy, connected to MGD6-SHB on FamilySearch. This John Kennedy is shown with five children: Mary, Betsy, Barnes, Charles and William.
The will, however, names the following children:
- Son – David
- Son – John
- Son – Barnes
- Son – William
- Son – Harvey (minor)
- Son – Charles (minor)
- Daughter – Hannah – spouse Cyrus Stewart
- Daughter – Mary – spouse Ozias Wells
- Daughter – Lucinda – spouse David Lindsay
- Daughter – Betsy – spouse George Wells
- Daughter – Achsay – spouse Chester Howland
- Daughter – Anna (minor)
That means there are seven children identified in the will that are not connected to the family on FamilySearch. While I tried finding the rest of the children as unconnected individuals (or connected to some other John Kennedy), I only came up with one additional child.
- Achsah Kennedy – 273M-QSY
Before adding the missing children, I added the will to the list of sources for John Kennedy and uploaded the images of the will and the transcription to John’s memories.
I then used RootsMagic to begin adding the additional children to the family. In the process, RootsMagic suggested an unconnected, Lucinda K Kennedy. Thus, I was able to use her FS ID to add her to the family of John Kennedy. When I finished adding the children, the FS family now has the children named in the will.
This readily available will made it easy to not only document but to update the family on FamilySearch.
New York Wills
Ancestry
Volume A
page 65 (image 50 of 614)(S8) The people of the state of New York To Jonas Brown of Sullivan in
Madison County Greeting: Whereas David Kennedy executor named in
the last will & testament of John Kennedy late of Sullivan aforesaid deceased as
is alleged intends to make application to Otis P Granger Surrogate of our
county of Madison to have the same will proved before the surrogate & recor
ded pursuant to the [Reissued] statutes of the state of New York. And whereas it has
been made satisfactorily to appear that Harvey Kennedy, Charles Kennedy & Anna
Kennedy heirs of the said John Kennedy deceased are minors. I therefor the said
surrogate pursuant to the power invested by the said [Reissued] Statutes & of an
order by me made & entered do hereby appoint you, the said Jonas Brown guar
dian for the said minors to take care of their interest in the premises. Given
under the hand & seal of office of said Surrogate, at Morrisville in said coun
ty the 29 day of September 1831.
Otis P. Granger
SurrogateI John Kennedy of the town of Sullivan in the county of Madison and state of
New York being of sound mind memory and understanding blessed by God
for the same do make and publish this my last will and testament in manner
and form following that is to say First I order and direct that all my just debts
and funeral expenses be first paid out of my personal estate and in case of a defi
ciency of assets for that purpose I hereby authorise and empower my executor herein
after named to sell and dispose of all or so much of my real estate as to make
up the deficiency of legal assets and to make and execute a deed or deeds
for the parcels or parcel so sold and generally to do and perform all acts necessary
to effectuate my intention to pay said debts if required for that purpose out of
my real estate. Secondly, I hereby give devise and bequeath unto my son
David one hundred dollars to my son John fifty dollars to my sons Barnes
William and Harvey one hundred dollars each and to my son Charles thirty dollars
to my daughter Hannah I give fifty dollars to my daughter Mary one hundred
and fifty dollars for her own personal benefit the interest of which she can havepage 66
annually and such parts of the principal as she may from time to time need for
her own comfort but in no case is her present husband Ozias Wells to have the han
dling or control of any part of either the principal or interest of the aforementioned
sum, to my daughter Lucinda two hundred dollars to my daughter Betsy one
hundred and fifty dollars to my daughter Achsah seventy five dollars and to
my daughter Anna twenty five dollars and in case her friends with whom she
resides do not give her a sum sufficient to make her on a par with my other
children, then it must be made up to her out of my property. The residue of my
estate after the payment of my debts as aforesaid is to be divided between my above
named children in proportion to the sums set to each of their names respectively
to have and to hold the same both real and personal to them their respective
heirs and assigns forever. But the heirs above named are not to crowd the
executor for their respective shares, but to give him a sufficient time to settle
my estate and to dispose of my property to the best advantage so that there be
no sacrifice made. [Thirdly] I hereby appoint my son David Kennedy executor
of this my last will and testament hereby revoking all former wills by me
at any time heretofore made. In witness whereof I have hereunto set my hand
and seal this eighteenth day of July in the year of Our Lord one thousand
eight hundred and thirty one
John Kennedy (S.S.) signed published
and declared by the above named John Kennedy to be his last will and testament
in presence of us who have hereunto respectively subscribed our names as witnesses
Jonas Brown, Samuel Smalley, Jared Stocking
“To the heirs at law of John Kennedy, late of the town of Sullivan in the
county of Madison and state of New York, deceased and all others whom
this notice may concern: You and each of you are hereby required to
take notice that I shall apply to Otis P. Granger Surrogate of the County
of Madison at his office in [Morrisville] in said county on Tuesday the
twenty fourth day of November next at one o clock in the afternoon
to have the last will and testament of said John Kennedy deceased pro
[duced] and recorded as a will of real estate. Dated September 29, 1838
[Youn &c] David Kennedy Executor of said will. State of New York
city and county of Albany for Philo K Cale of the City of Albany being duly
sworn says that he is foreman in the office of the Albany Argus and that
the notice of which the annexed is a printed copy has been regularly
published in said Albany Argus once in each week for six weeks
successfully commencing on the 11 da of October last part Philo K
Cole sworn before me this 15 day of Nov 1831 Elias Warren Commissioner
of deeds in and for the city of Albany. “We Cyrus Stewart & Hannah
Stewart, Chester Howland & A[x]y Howland the said Hannah & Axy
being children of John Kennedy deceased do hereby admit [since]
a copy of the above notice this 21 day of October 1831 Cyrus Stewart
Hannah Stewart Chester Howland Achsah Howland
County of Madison Surrogate court SS David Kennedy of Sullivan in said
county being duly sworn says that he did more than twenty days since
serve a copy of the above notice on Barnes Kennedy, Ozias Wells & Mary Wells his wife, George Wells & Betsey Wells his wife, David Lindsay & Lucinda
Lindsay his wife by delivering to each of them personally a copy of said
notice & this deponent further says that the said Barnes, Mary, Betsey
Lucinda and [Harvey] Kennedy, Charles Kennedy, Anna Kennedy, William
Kennedy, Hannah Stewart, Axy Howland , John Kennedy Jr & the deponentpage 67
are the only heirs at law of the said deceased, that the said Har[v]ey Charles
& Anna are minors who appear by their guardian Jonas Brown that the said
Hannah & Axy have been duly served with a copy of the above notice morehtan
twenty days since as will appear by their admission of service now produced
to this court & the said William & John Kennedy Jr whose places of residence were
unknown to this deponent have been served with a copy of said notice by the
publication of the same for six weeks successively prior to this time in the ‘state
paper & further this deponent says not. David Kennedy worn & subscribed
by the said David Kennedy before me this 24 of Nov 1831 in open court Otis P.
Granger Surrogate. I Jonas Brown, the special guardian of Harvey
Kennedy, Charles Kennedy and Anna Kennedy minor children & heirs t law of
John Kennedy deceased do hereby admit that I have been served with a copy
of the above notice on my as guardian aforesaid more than twenty days since
dated Nov 24 1831 Jonas Brown In presence of Otis P. Granger Surrogate
County of Madison
Surrogate court SS In the matter of proving the last will of the real estate of JOhn
Kennedy late of Sullivan in said county deceased David Kennedy of Sullivan
in said county being duly sworn deposes & says that the said John Kennedy died
in the town of Sullivan in said county on or about the 28 day of August last
past that at the time of his death he was an inhabitant of the county of
Madison in the state of New York & further say not David Kennedy
sworn & subscribed by the said David Kennedy in open court before me this
24 day of November 1831 Otis P. Granger surrogate County of Madison
Surrogate court SS In the matter of proving the last will of the real estate
of John Kennedy late of Sullivan in said county deceased Jonas Brown
of Sullivan in said county one of the subscribing witnesses to the last will &
testatment of the said John Kennedy deceased in his life time subscribed
the instrument now shown unto him this deponent which said instrument
purports to be the last will & testament of the said deceased bearing date the
eighteenth day of July in the year of our Lord one thousand eight hundred
& thirty one that he heard him the said John Kennedy deceased publish
& declare the same to be his last will & testament. That at the time whereof the
said deceased was of sound disposing mind & memory of full age & not under
any restraint & that he this deponent together with Samuel Smalley & Jared
Stocking the other subscribing witnesses to the said will did severally subscribe
their names as witnesses thereunto in the presence of the said testator & of each
other & at the request of the said testator & further say not Jonas Brown
Sworn & subscribed by the said Jonas Brown in open court before me tis 24 day of
November 1831 Otis P Granger Surrogate County of Madison Surrogate
Court SS In the matter of proving the last will & testament of the real estate
of John Kennedy, late of Sullivan, in said county deceased is
Samuel Smalley of Sullivan in said county another subscribing witness to the last will
& testament of the said John Kennedy deceased in his life time subscribed
the instrument now shown unto him this deponent which said instrument
purports to be the last will & testament of the said John Kennedy deceased
bearing date the eighteenth day of July one thousand eight hundred & thirty
one that he heard him the said deceased publish & declare the same to be his
lat will & testament that at the time thereof the said deceased was of sound..page 68
disposing mind & memory of full age & not under any rstraint & that he
this deponent together with Jonas Brown & Jared Stocking the other subscrib
bing witnesses to the said will did severally subscribe their names as witnessses
thereunto in the presence of the said testator & of each other & at the request of the
said testator & further says not. Samuel Smalley Sworn & Subscribed
by the said Samuel Smalley in open court before me this 24 day of Nov
- Otis P Granger Surrogate. County of Madison Surrogate Court SS
IN the matter of proving the last will of the real estate of John Kennedy late of
Sullivan in said county deceased. Jared Stocking of Sullivan in said county
another subscribing witness to the last will & testament of the said John
Kennedy deceased being duly sworn deposes & says that he saw the said
John Kennedy deceased in his life time subscribed the instrument now shown
unto him this deponent which said instrument purports to be the last will &
testament of the said John Kennedy bearing date the eighteenth day of July
in the year of our Lord one thousand eight hundred & thirty one that he heard
him the said deceased publish & declare the same to be his last will & testa
ment that at the time whereof the said deceased was of sound disposing mind
& memory of full age & not under nay restraining & that he this deponent
together with Jonas Brown & Samuel Smalley the other subscribing
witnesses to the said will did severally subscribe their names as witnesses
thereto in the presence of the said testator & of each other & at the request of
the said testator & further says not Jared Stocking sworn & subscribe
by the said Jared Stocking in open court before me this 24th day of
Nov. 1831 Otis P Granger Surrogate signed
Otis P. Granger Surrogate
I certify that the preceding will of John Kennedy lateof Sullivan in
Madison County deceased of which the preceding is a copy was duly proved before me as a will of real
estate & tat the same together with the proof whereof was recorded in
this Book of Wills & the Record signed by me this 24 day of Nov
ember 1831
State of New York
Madison County
Be it remembered that at a Surrogates court held
at the Surrogates office in Morisville in & for said county on the twenty fourth
day of November in the year one thousand eight hundred & thirty one
before Otis P. Granger Surrogate of the said county the last will & testament
of John Kennedy late of Sullivan in said county deceased of which the preceding
is a copy was admitted to probate after a citation to the widow & next of kin
to the said deceased issues [served] returned & filed according to law
Whereupon at the peace & on the day aforesaid Jonas Brown Samuel Smally
& Jared Stocking the subscribing witnesses to the said will after having
been duly sworn by me the said surrogate testified that they saw the said
John Kennedy deceased in his life time subscribe the instrument shown
unto them which said instrument purported to be the last will & testament
of the said deceased bearing date the 18 day of July 1831 that they heard him
the said deceased publish & declare the same to be his last will & testament
that at the time thereof the said deceased was of sound disposing mind & memorypage 69
New York, Wills and Probate Recors, 1659-1999, John Kennedy, 21 October 1831; digital images, Ancestry.com (www.ancestry.com : viewed online 26 June 2023). Original Source: New York Surrogate’s Court.
of full age 7 not under any restraint & that they did respectively subscribe their
names as witnesses to the said willing the presence of the said testator & of each other &
at the request of the said testator — Whereupon I the said surrogate upon the proof
aforesaid being satisfied of the genuinness & validity of the said will order that the
said will be admitted to probate & that letters testamentary thereon be issued to
the executor is said will named after the [expiration] of thirty days form the time
of taking the proof aforesaid on his taking the oath of office prescribed by law
Otis P Granger
Surrogate