Individual Details

Marriage

Marriage records from the Dutch Reformed Church at New Amsterdam and later New York City, spanning from 1639 - 1801. Originally transcribed and assembled by Robert L. Billard, who released them into the public domain.

Marriage

No obit in the Evening Post, Merchantile Advertiser, Commercial Advertiser, Columbian, but obits appear to have been reserved mostly for the elite. From the Report of Deaths that occurred in NYC that week, James likely succumbed to something infectious.

Court Record

On January 12, 1806, James was indicted for assaulting and beating his wife Elizabeth. She let the charges stand for over four months until May 29th when:

"On an indictment from the sessions for assaulting and beating his wife Elizabeth McCarter. The said Elizabeth McCarter appeared in court and acknowledged satisfaction whereupon it was ordered that the said James McCarter be discharged."

She and James must have separated at this time because she appears in no more records involving him until after his death in 1818. Also in city directories James is no longer listed at 304 Broadway.

Court Record

On January 12, 1806, James was indicted for assaulting and beating his wife Elizabeth. She let the charges stand for over four months until May 29th when:

"On an indictment from the sessions for assaulting and beating his wife Elizabeth McCarter. The said Elizabeth McCarter appeared in court and acknowledged satisfaction whereupon it was ordered that the said James McCarter be discharged."

She and James must have separated at this time because she appears in no more records involving him until after his death in 1818. Also in city directories James is no longer listed at 304 Broadway.

Property

Elizabeth is listed as "Mrs. Bertine" the owner of 304 Broadway which she is renting out. This is further evidence that she and James were estranged.

Census

Elizabeth is living with her daughter, Deborah (Bertine) Westerfield, and family. Note that she again appears as Elizabeth Bertine, not McCarter.

Will

In the name of God, Amen. I Elizabeth McCarter of the City of New York, widow, being of sound mind and memory, but considering the uncertainty of life do make and publish this my last will and testatment.

First, I direct my just debts and funeral expenses to be paid by my Executors as soon as conveniently may be after my decease.

Second, I give, devise, and bequeath my house and lot of ground situate in Greene Street between Canal and Grand Streets in the City of New York and next north of and adjoining the Presbyterian Church to my grandson Peter James Bertine and my granddaughter Eliza Jane Earle (wife of James Nelson Bartholf of Orange County) during their natural lives and to the survivor of them during his or her natural life and upon their decease I authorize, direct, and empower my Executors or the survivors or survivor of them to grand, bargain, sell, and dispose of the same in fee simple and the proceeds thereof to pay and divide equally among the lawful issue of my said two grandchildren who may then be living and the lawful issue of any of them who may then be dead leaving issue such issue taking the share of his, her, or their parent and in case of no such issue of my said grandchildren living at the time of the decease of the survivor of them then I direct that such proceeds shall be equally divided between the heirs at law of my said grandchidren share and share alike. But this devise is nevertheless made subject to the payment of a mortgage of one thousand and five hundred and twenty dollars [$1,520.00]  now upon said house and lot made by me for the benefit of said Peter James Bertine and I hereby charge the payment of the interest thereof upon the proportion of said Peter in the rent and income of said house and lot and the payment of the principal of said mortgage upon any part of any real or personal Estate which may fall to the said Peter James Bertine or his representatives under and by virture of this my last will and testament.

Third, I give, devise, and bequeath one equal fourth part of all the rest, residue, and remainder of my estate real and personal whatsoever and whensoever of which I may die siezed, possessed, or entitled unto my daughter Deborah Westerfield her heirs, exectuors, administrators, and assigns forever deducting however the sum of eighteen thousand, two hundred dollars [$18,200.00] for an advance made to her in the purchase money of certain property at New Orleans.

Fourth, I give devise and bequeath one other equal fourth part of all the rest, residue, and remainder of my estate real and personal whatsoever and wheresoever (deducting therefrom an advance of five hundred dollars [$500.00]) unto my executors hereinafter named and the survivor of them during the natural life of my daughter Jane Ross upon trust to manage and improve, invest, and reinvest the same from time to time during her natural life in such manner as they shall deem most beneficial and the interest and income thence arising to apply to the use of the said Jane Ross during her natural life and upon her decease leaving issue to pay and divide the principal among such issue in such shares and proportions as she by her last will and testament or writing in the nature of a last will and testament may direct, limit, and appoint and for want of such will or writing then upon trust to pay and divide the same among all her children who may then be living and the lawful issue of any who may then be dead leaving issue in equal shares and proportions.

Fifth, I give, devise, and bequeath one other equal undivided fourth part of all the rest, residue, and remainder of my said real estate and personal whatsoever and wheresoever unto the children of my deceased daughter Catharine Smith who may be living at the time of my decease and the lawful issue of any who may then be dead per stirpes and not per capita deducting however from them respectively such sums of money as they may have then received from the principal of my share of the Estate of my brother Cornelius Paulding.

Sixth, I give, devise and bequeath one half of the remaining fourth part of my said estate real and personal whatsoever and wheresoever unto my executors and the survivors and survivor of them during the natural life of my said granddaughter, Eliza Jane Bertholf (deducting however the sum of two hundred dollars advanced to her out of the principal of my Estate). Upon trust to manage and improve, invest and reinvest, the same from time to time during her natural life in such manner as they shall deem most beneficial and the interest and income thence arising to apply to the use of the said Eliza during her natural life and upon her decease leaving issue to pay and divide the principal among such issue, share, and share alike and in case of her decease without issue then upon trust to divide the residue of said trust fund among all my grandchildren who may then be living and the lawful issue of any who may then be dead leaving issue per stirpes and not per capita.

Seventh, and as to the remaining Eighth part of my said residuary Estate I give, devise, and bequeath the same deducting the sum of two thousand, three hundred dollars [$2,300.00] advanced to said Peter J. Bertine from the principal of my Estate and twelve hundred dollars [$1,200] for the expenses occasioned by his late proceedings against me in the Supreme Court to my said Executors and the survivors of them dividing the natural life of my said grandson Peter J. Bertine upon trust to manage, improve, invest, and reinvest the same from time to time during his natural life in such manner as they or the survivor of them shall deem most beneficial and the interest and income thence arising to apply to the use of the said Peter J. Bertine during his natural life and upon his decease leaving issue to pay and divide the principal among his then surviving children and the lawful issue of and who may then be dead leaving issue per stirpes and not per capita and in case of his death without leaving lawful issue or the descendants of such issue then I devise and bequeath the same to his heirs at law and next of kin to be distributed according to law.

Eighth, All sums of money which shall hereafter be paid by me from the principal of my estate to any of my said devisees and for which I shall take receipts from them as principal shall be charged to them upon the final division of my estate, but no interest shall be charged thereon nor upon any of the advances herein before mentioned it being my intention to distribute so much of the income of my Estate as I may deem proper to equalize interest upon the advances.

Ninth, I give and bequeath to my friend Mrs. Jane. L Champlin the sum of one thousand dollars [$1,000.00] to be paid to her as soon as may be after my decease and before the division of my estate as a token of my friendship and of my regard fro her attentions.

Tenth, in case any or either of my devises or legatees named in this my will shall contest the validity thereof, I hereby annul and revoke all devises or bequests made in his, her, or their favor and do give, devise, and bequeath the share or shares of him, her, or them so contesting this my will to my other surviving child or children who may then be living and the lawful issue of such of them as may then be dead leaving issue per stirpes and not per capita.

Eleventh, I hereby consitute and appoint my daughter, Deborah Westerfield, and Peter A. H. Jackson of the City of New York, Real Estate Agent, Executors of this my last will and testament hereby revoking all former wills by me heretofore made and I do expressly authorize and empower my said executors and the survivor of them to grant, bargain, sell, and convey all and every part of the real estate whereof I may die seized, possessed, or entitled unto and make, execute, seal, and deliver good and valid conveyances in the law for the same in fee simple and the proceeds thereof to apply to the purposes declared in this my will.

In Witness whereof I the said Elizabeth McCarter to this my last will and testatment contained in these five pages have here unto set my hand and seal this twenty seventh day of January in the year of our Lord one thousand, eight hundred and fifty three [27 Jan 1853].

Elizabeth McCarter

Signed, sealed, published, and declared by the said Elizabeth mcCarter as and for her last will and testatment in presence of us who at her request in her presence and in the presence of each other have subscribed our names as witnesses.

Frances B. Hegerman, 48 Sixth Ave.
Eugene Bogart, No. 29 West 32nd St.
Charles S. Benson, 217 Bleeker St.
Emeline J. Thompson, No. 18 Bank St.
Charles W. Sanford, 110 Chambers St.


FIRST CODICIL

I Elizabeth McCarter in the foregoing will named do make and publish this codicil thereto viz. I direct that the following sums be charged to the persons herein after named as advances made by me to them out of the principal of my Estate viz. to

Mary P. Murphy one of the children of my daughter Catharine Smith the sum of Eighteen Hundred dollars [$1,800.00]

Julia Carman one of the children of my said daughter Catharine Smith the sum of sixteen hundred and seventy two dollars [$1,672.00]

Eliza Matsell one of the children of my said daughter Catharaine Smith the sum of sixteen hundred dollars [$1,600.00]

James Smith one of the children of my said daughter Catharine Smith the sum of twelve hundred and sixty one dollars [$1,261.00]

Jane Ross the sum of five hundred dollars [$500.00] which said sum shall be deducted from the respective shares of my estate given to them in my said will.

In testimony whereof I the said Elizabeth McCarter have hereunto set my and and seal this ninth day of November in the year of our Lord one thousand, eight hundred and fifty four [9 Nov 1854].

Elizabeth McCarter

Signed, sealed, published, and declared by the said Elizabeth McCarter as and for a codicil to her foregoing last will and testatment in presence of us who at her request in her presence and in presence of each other have subscribed our names as witnesses.

Jane L. Champlin, 231 Bleecker St.
Charles W. Sandford, No. 5 Lyon Row, New York


SECOND CODICIL

I Elizabeth McCarter of the City of New York the testatrix named in the foregoing Will do make and publish this further Codicil thereto.

First I hereby annul the trust created in the fourth article of the foregoing will for the benefit of my daughter Jane Ross and her children and I give, devise, and bequeath to my said daughter Jane Ross her heirs, executors, administrators, and assigns the share and proportion of my estate intended to be set apart for her benefit in my said will for her own separate use and benefit and subject to her own control free from the debts, liabilities, or engagements of her husband as if she were a feme sole subject only to the charges thereon mentioned in my said will.

Second with the foregoing alterations I republish and acknowledge the foregoing will and codicil and declare them with this codicil to be my last wil and testatment. In Testimony whereof I have hereunto set my hand seal this fifth day of May in the year of our Lord one thousand and eight hundred and fifty six [5 May 1856].

Elizabeth McCarter

Signed, sealed, published and declared by the said Elizabeth McCarter as and for a codicil to her last will and testatment in presence of us who at her request in her presence and in presence of each other have subscribed our names as witnesses.

Jane L. Champlin, 231 Bleecker St.
Charles W. Landford, No. 5 Lyon Row


THIRD CODICIL

I Elizabeth McCarter of the City of New York in the foregoing will and codicils named do make and publish this further codicil thereto. First having sold and conveyed my house and lot in Greene Street for the purpose of dividing the proceeds between my grandson, Peter James Bertine, and my granddaughter, Eliza Jane Earle Bertholf, I hereby revoke and annul the second clause in my said will and every part thereof Second with the foregoing alterations I republish and acknowledge the foregoing alterations. I republish and acknowledge the foregoing wills and codicils and declare them with this codicil to be my last will and testament. In testimony I have hereunto set my hand and seal this fourth day of March in the year of our Lord one thousand eight hundred and fifty eighty [4 Mar 1858].

Elizabeth McCarter

Signed, sealed, published, and declared by the said Elizabeth McCarter as and for a codicil to her last will and testament in the presence of us who at her request in her presence and in presence of each other have subscribed our names as witnesses.

Jane L. Champlin, 231 Bleecker St.
Charles H. Landford, No. 5 Lyon Row
 
Source:

"New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-28642-21616-39?cc=1920234&wc=M9S9-5NP:319963222 : accessed 02 Feb 2014), New York > Decrees 1828-1865 bundle 140-142 1/2 > image 1045 of 1163.

Death

Commercial Advertiser (NYC, NY) Thursday, March 17, 1859

March 16, Mrs. Elizabeth McCarter (formerly Mrs. Elizabeth Bertine) aged 87 years.

New York Herald-Tribune (New York, NY) Thursday, March 17, 1859

McCARTER - On Wednesday, March 16, Mrs. Elizabeth McCarter, formerly Mrs. Elizabeth Bertine, aged 87 years. Her relatives and friends of the family are invited to attend the funeral from her late residence, No. 231 Bleecker street on Friday March 23 at 11 o'clock a.m. Her remains will be interred in the New York Bay Cemetery, N. J.

Probate

Albany Evening Journal (Albany, NY) Wednesday, November 28, 1860

The People of the State of New York by the grace of God free and independent, to all persons interested in the estate of Elizabeth McCarter late of the city of New York, deceased, as creditors, legatees, next of kin, or otherwise, send greeting:

You and each of you are hereby cited and required personally to be and appear before our surrogate of the county of New York, at his office in the city of New York, on the 22d day of February next, at 11 o'clock in the forenoon of that day, then and there to attend the final settlement of the account of proceedings of Deborah Westerfield, as executrix of the last will and testament of said deceased.

In testimony whereof, we have cause the seal of office of said surrogate to be hereunto affixed. Witness, Edward C. West, esq, surrogate of our said county, at the city of New York, the 17th day of November in the year of our Lord one thousand eight hundred and sixty.

EDW. C. WEST, Surrogate

Probate

Elizabeth died March 16, 1859 in New York City and the probating of her will was begun that May.
 
The Petition of Deborah Westerfield of the City of New York Executrix of Elizabeth McCarter deceased Respectfully showeth, That Letters Testamentary upon the last Will and Testament of said Elizabeth McCarter deceased, were granted to your Petitioner on the fifth day of May 1859 [5 May 1859] that the ____ in the estate of said deceased, as creditors, legatees, next of kin, or otherwise, and their places of residence, to the best of the knowledge, information, and belief of our Petitioner are as follows, to wit:

Peter J. Bertine residing in the City of New York

Horace Potten and Elizabeth J. [Potten], his wife, residing at Mount Kisco in the County of Westchester and State of New York

Simeon B. Johnson residing at Yorktown, Westchester County, New York

John H. Ross and William S. Ross and Jane [Ross], his wife, severally residing at Williamsburg in the City of Brooklyn, New York

Samuel Carpenter and Susan [Carpenter] his wife residing at Angelica, Allegheny County, New York

Henry J. Smith residing in Kingston, Ulster County, New York

Jacob Schultz and Harriet [Schultz] his wife residing at Bound Brook, New Jersey

Lewis Carman and Julia[Carman] his wife residing at Sabula, Jackson County, Iowa

Doctor J. G. Matson and Eliza J. [Matson] his wife residing at Anamosa, Jones County, Iowa.

Thomas Murphy and Mary L. [Murphy] his wife residing in New Orleans in the state of Louisiana

Chester W. Pomeroy and Amelia M. [Pomeroy] his wife residing in St. Louis, Missouri

That more than eighteen months have elapsed since said appointment, and your Petitioner is desirous of rendering a final account of all her proceedings to the Surrogate of the County of New York, by whom your Petitioner was appointed, and for that purpose prays that a citation be issued to all persons interested in the estate of said deceased, to attend a final settlement of the account of proceedings of your Petitioner Peter A.H. Jackson to whom letters Testamentary on said Will were issued November 16, 1859.

Dated, New York, November 16, 1860

D. A. Westerfield

_________________________________________________

Before the Surrogate of New York

Account of Proceedings
In the matter of the final accounting of
Deborah Westerfield, Executrix
and Peter A. H. Jackson, Executor
of Elizabeth McCarter, deceased

To the Surrogate of the County of New York

We Deborah Westerfield, Executrix and Peter A. H. Jackson Executor of Elizabeth McCarter, late of the city of New York do render the following account of our proceedings as Executrix and Executor of said Elizabeth McCarter deceased: On the fifth day of May A. D. 1859 [5 May 1859] Letters of Testamentary were issued to Deborah Westerfield and on the 17th day of November 1859 [17 Nov 1859] to Peter A. H. Jackson. On the seventh day of June A.D. 1859 [2 Jun 1859] the said Deborah Westerfield caused an Inventory of the personal estate of the deceased to be filed in this Office, which personal estate therein set forth amounts, by appraisement by the appraisers duly appointed, to $3,816.19.

Schedule A. hereto annexed, contains a statement of all the property contained in said Inventory, sold by us at public or private sale, with the prices and manner of sale; which sales were fairly made by us, at the best prices that could then be hand, with the due diligence, as we then believed; it also contains a statement of all the debts due the said estate, and mentioned in said Inventory, which have been collected, and also of all interest for moneys received by us, for which we are legally accountable.

Schedule B. hereto annexed, contains a statement of all debts in said Inventory mentioned, not collected or collectable by us, together with the reasons why the same have not been collected and are not collectable; and also a statement of the articles of personal property mentioned in said Inventory unsold, and the reasons of the same being unsold, and their appraised value; and also a statement of all property mentioned therein, lost by accident, without any willful default or negligence, the cause of its loss, and appraised value. No other assets than those in said Inventory, or herein set forth, have come to our possession or knowledge, and all the increase or decrease in the value of any assets of said deceased is allowed or charged in said Schedules A. and B.

Schedule C. hereto annexed, contains a statement of all moneys paid by us for funeral and other necessary expenses for said estate, together with the reasons and object of such expenditure.

On or about the twenty eighth day of February in the year 1860 [28 Feb 1860] we caused a notice for claimants to present their claims against the said estate to us within the period fixed by law, and at a certain place therein specified, to be published in two newspapers, according to law, for six months, pursuant to an order of the Surrogate of the County of New York: to which order, notice, and due proof of publication herewith filed, we refer as part of this account.

Schedule D. hereto annexed, contains a statement of all the claims of creditors presented to and allowed by us, or disputed by us, and for which a judgment or decree has been rendered against us, together with the names of the claimants, the general nature of the claim, its amount, and the time of the rendition of the judgment; it also contains a statement of all moneys paid by us to the creditors of the deceased, and their names and the time of such payment.

Schedule E. hereto annexed, contains a statement of all moneys paid to the legatees, widow or next of kin of the deceased.

Schedule F. hereto annexed, contains the names of all persons entitled as widow, legatee or next of kin of the deceased, to a share of his estate, with their places of residence, degree of relationship, and a statement of which of them are minors, and whether they ave any general guardian, and if so, their names and places of residence, to the best of our knowledge, information, and belief.

Schedule G. hereto annexed, contains a statement of all other facts affecting our administration of said estate, our rights, and those of others interested therein.

We charge ourselves as follows:

$3,816.19 With Amount of Inventory
$8,198.01 With Amount of Increase, as shown by Exhibit A

$12,014.20

We credit ourselves as follows:

$0.00 With Amount of Loss on Sales, as per Schedule B
$0.00 With Amount of Debts not collected, as per do
$734.74 With Amount of Schedule C
$0.00 With Amount of Schedule D
$3,389.60 With Amount of Schedule E
$7,889.86 Balance
to be distributed to those entitled thereto, subject to the deductions of the amount of our commissions, and the expenses of this accounting. The said schedules, which are severally signed by us, are part of this account.

D. A. Westerfield
Peter A. H. Jackson

______________________________________________


Schedule A

$66.50 Amount of furniture and clothing mentioned in the Inventory taken by Executrix and Mrs. Jane Ross at the prices stated in the inventory
$3,749.69 Amount of cash on hand per inventory.
$889.60 Amount collected from Wm. S. Ross balance due on his Bond.
Cash rec'd of Mr. Mannsell
$728.35 March 21, 1859
$835.00 June 14, 1859
$728.35 July 18, 1859
$728.35 August 24, 1859
$728.35 September 26, 1859
$728.35 October 20, 1859
$870.81 November 11, 1859
$752.60 December 14, 1859
$870.85 January 19, 1859

$52.26 Increase by interest from N.Y. Life Insurance and Trust Company
$177.48 Increase by interest from N. S. Trust Company
$107.66 Increase by interest from the Savings Bank
$12,014.20 Total


Schedule B


No debts uncollected to our knowledge.

No articles of personal property not accounted.

No articles of property lost.

No other assets except those stated in Schedule A.


Schedule C

Monies paid for funeral and other necessary expenses
$219.91 Apr 25, 1859, Cash paid bill for funeral expenses
$5.00 Apr 25, 1859, Servant's wages 1 month
$145.88 May 7, 1859, Expenses of Probate, Surrogate fees and advertising
$5.00 May 7, 1859, Advertising in state paper
$7.20 Jun 7, 1859, Paid Surrogates fee on Inventory
$15.50 Jun 11, 1859, Paid Surrogates for exemplification of will and probate
$5.00 Oct 7, 1859, Paid painting of fence at cemetery
$3.50 Nov 17, 1859, Paid Surrogate Letters to P. A. H. Jackson
$2.00 Dec 8, 1859, Paid Doctor S. A. Purdy
$175.00 Jan 30, 1860, C. W. Sandford account
$5.50 Sep 13, 1860, Advertising in Evening Post for creditors
$5.75 Sep 13, 1860,  Advertising in Journal Commerce for creditors
$139.50 Jul 21, 1861,  Monument to dec'd in Bay Cemetery
$737.74 Total
D.A. Westerfield
Peter A. H. Jackson



Schedule D


No accounts or claims of creditors have been presented to the Executrix or Executor and none have been paid by us except as stated in Schedule C.

D.A. Westerfield
Peter A. H. Jackson


Schedule E


Schedule of all monies paid to the legatees or next of kin of deceased.

$1,000.00 1859, Legacy paid to Mrs. Champlin
$500.00 21 Oct 1859, Paid Peter J. Bertine on account of his proportion of Income
$500.00 14 Nov 1860, Paid Mrs. C. I. Bertholf
$500.00 21 Mar 1861, Paid P. J. Bertine
$889.60 5 Jan 1861, Paid Mrs. Wm. S. Ross
$3,389.60 Total
D.A. Westerfield
Peter A. H. Jackson

 
Schedule F

Names of all persons entitled or legatees or next of kin of deceased a share of her estate, with their residences.
Mrs. Jane Ross, Williamsburg, L.I., [Brooklyn] daughter
Mrs. Deborah Westerfield, New York City, daughter
Mrs. Julia Carman, Sabula, Iowa, granddaughter
Mrs. Eliza Matson, Anamosa, Iowa, granddaughter
Mrs. Susan Carpenter, Angelica, NY, granddaughter
Mrs. Harriet Schultz, Bound Brook, NJ, granddaughter
Mrs. Matilda Pomroy, St. Louis, granddaughter
Mrs. M. P. Murphy, New Orleans, granddaughter
Mr. Simeon B. Johnson, Yorktown, NY, grandson
Mr. Henry J. Smith, Kingston, New York, grandson and executor of Cath. L. Ross, dec'd, granddaughter
Deborah Westerfield and Peter A. H. Jackson of New York City are Trustees of:
Mr. Peter J. Bertine, New York City, grandson
Eliza J. Bertholf, New York City, granddaughter
Eliza J. Totten, Mount Kisko, New York, granddaughter
All of whom are of full age.
D. A. Westerfield
Peter A. H. Jackson

 
Schedule G


The real estate of the deceased in New Orleans has been sold under Power of Attorney executed by the heirs at law and the proceeds distributed.

D. A. Westerfield
Peter A. H. Jackson

___________________________________________________

 
Before the Surrogate
In the matter of the Estate of Elizabeth McCarter, deceased

The undersigned one of the devisees under the Will of the decedent objects to the final account of the Executor and Executrix as follows.

1. That under the Will of the decedent certain property and real estate of New Orleans in the State of Louisiana of the value of one hundred and seventy thousand dollars [$170,000.00] has been sold and disposed of by the said executor and executrix, the proceeds of which after deducting the expenses of such sale and now in the hands of such executors or trustees under said will.

2. That by the final account so rendered no account or even ____ is made said sale or of the amount of monies in their hands the proceeds of said sales.

3. That said account is defective and erroneous in not containing such statement of the proceeds of said Estate in their hands.

4. That said account should show to whom the distribution of such money should be made under said Will.

Dated May 1st, 1861

P. J. Bertine
One of the heirs and devisees under said will
In the Matter of the Accounting of the Executor of Elizabeth McCarter, decd

__________________________________________________

Charles W. Landford of the City of New York being duly Sworn and examined on the part of the Executors, says, I am Proctor and of Counsel for the Executors and have attended to the business of the Estate since the death of Testatrix.

The Real Estate of Testatrix in New Orleans was sold under legal proceedings in that City, the heirs at Law and Trustees under the will appearing by themselves or attorney.

$130,781.86 The net proceeds after deducting all expenses was
To this was added to the advances made by Testatrix to:

$18,200.00 Mrs. Deb Westerfield
$500.00 Mrs. Jane Ross
$3,500.00 Mr. Peter J. Bertine
$200.00 Mrs. C. J. Bertholf
$1,800.00 Mrs. Carman
$1,800.00 Mrs. Matson
$1,450.00 Mrs. Mary J. Murphy

$1,800.00 Mr. H. J. Smith

$29,450.00 Total

$160,231.86 Sum Total

This sum total was divided as following

$21,857.96 Mrs. Westerfield 1/4 ($40,057.96 minus $18,200.00 advance)

$36,716.41 Mrs. Jane Ross 1/4 ($40,057.96 minus $3,341.55 advance)

$16,528.98 P. J. Bertine 1/8 ($20,028.98 minus $3,500.00 advance)

$19,828.98 E. J. Bertholf 1/8 ($20,028.98 minus $200.00 advance)

$2,450.52 Mrs. Julia Carman 1/36 ($4,450.88 minus $2,000.36 advance)

$2,500.52 Mrs. Eliza Matson 1/36 ($4,450.88 minus $1,950.36 advance)

$4,300.52 Mrs. Susan Carpenter 1/36 ($4,450.88 minus $150.00 advance)

$3,800.52 Mrs. Harriet Shultz 1/36 ($4,450.88 minus $650.36 advance)

$3,532.85 Mrs. Cath L. Ross 1/36 ($4,450.88 minus $918.03 advance)

$4,300.52 Mrs. Matilda Pomeroy 1/36 ($4,450.88 minus $150.36 advance)

$3,800.52 Mr. Simeon B. Johnson 1/36 ($4,450.88 minus $650.36 advance)

$2,500.52 Mr. H. J. Smith 1/36 ($4,450,88 minus $1,950.36 advance)

$2,800.88 Mrs. N. T. Murphy 1/36 ($4,450.88 minus $1,650.00 advance)


That the whole of said amount has been settled and distributed and that all the advances charged to the _____ devisees and legatees against their share of her estate by the Testatrix have been deducted and paid out of the proceeds of the Real Estate of the Testatrix at New Orleans.

Sworn before me this 16th day of May 1861, Charles W. Landford

___________________________________________________

 
At a Surrogate's Court, held in and for the County
of New York, at the Surrogate's Office, in the City of
New York on the Sixteenth day of May in the year
one thousand eight hundred and sixty one [16 May 1861]

Present, Edward C. West, Esquire, Surrogate.

In the Matter of the final accounting
of Deborah Westerfield and
Peter A. H. Jackson, Executors of
Elizabeth McCarter, deceased

Deborah Westerfield and Peter A. H. Jackson the Executrix and Executor of the last will and testament of Elizabeth McCarter late of the city of New York deceased having heretofore presented their application to the Surrogate of the County of New York for the final settlement of their account as such Executrix and Executor and the surrogate having thereupon issued a citation directed to all the persons interested in the estate of said deceased requiring them to be and appear in this Court on the twenty second day of February last past and attend such final settlement and the said citation having been returned with the _____ of service in all parties in interest and the said Executrix and Executor having appeared in person and Charles W. Sandford Esq. their proctor and Peter F. Bertine a legatee of said deceased having appeared in person and John H. Hedley, Esq. his proctor, and the said matter having been adjourned from time to time until this day and the said Executrix and Executor having filed their account or proceedings with the vouchers in support thereof and the same not having been contested. This _____ adjudged and decreed that the account of the said Executrix and Executor be and the same is hereof finally settled and allowed as filed and adjusted.

The Surrogate makes and records the following Summary Statement of the account of the said Executrix and Executor as finally settled and allowed, filed, and adjusted.

________________________________________________

 
Principal

The said Executors charge themselves

$3,816.19 With amount of Inventory

$880.60 With amount of Increase

$4,705.79 Total

 
$734.74 They credit themselves with amount paid necessary expenses of administration

$1,000.00 With amount paid legacy to Mrs. Champlin

$2,971.05 Balance

 
Income


$7,308.41 The said Executors charge themselves with total amount of income received

The said Executors charge themselves with total amount of income received

$1,000.00 P. J. Bertine

$500.00 Mrs. C. Bertholf

$889.60 Mrs. Jane Ross

$4,918.81 Balance

The accounting of Deborah Westerfield and Peter A. H Jackson the Executrix and Executor of Elizabeth McCarter deceased having been finally settled and allowed by _____ it appears that they have on hand of the principal of said Estate the sum of twenty nine hundred and seventy one dollars and five cents [$2,971.05] and of the income of said Estate the sum of four thousand nine hundred and eighteen dollars and 81 cents [$4,918.91]. It is made that out of said balance of principal monies on hand the said Executrix and Executor retain as and for their commissions _____ thereto the sum of one hundred and forty two dollars and sixty four cents [$142.64], that they pay the costs and expenses of this proceeding amount to the sum of one hundred and twenty eight dollars [$128.00], to Charles W. Sanford, Esq. and the sum of two hundred and fifty dollars [$250.00], and to John H. Hedley Esq. the sum of fifty dollars [$50.00] as and for their costs and that the residue being the sum of twenty three hundred and ninety nine dollars and ninety one cents [$2,390.91] be distributed as follows that is to say.

To Deborah Westerfield and Jane Ross each the sum of five hundred and ninety nine dollars and 97 cents [$599.97] which will be in full of each of their shares of principal on this accounting.

To Julia Carman, Eliza Matson, Susan Carpenter, Harriet Shultz, Matilda Pomeroy, Simeon B. Johnson, H. J. Smith, and Mary L. Murphy each the sum of sixty six dollars and sixty seven cents [66.67] which will be in full of each of their shares of said principal in this accounting.

To the legal representatives of Catherine L. Ross, deceased, the sum of sixty six dollars and 67 cents [66.67] which will be in full of her share of said principal in this accounting.

That said Executrix and Executor invest and keep invested the sum of three hundred dollars [$300.00], in trust, the income thereof to be paid to Peter J. Bertine a grandson of said Testatrix during his natural life and after his death said principal sum to be distributed in the manner directed in and by said last Will and Testament.

That said Executrix and Executor invest and keep invested the further sums three hundred [$300.00] dollars in trust the income thereof to be paid to Eliza J. Bertholf a granddaughter of said Testatrix during her natural life and after her death said principal sum to be distributed in the manner directed in said last Will and Testament.

And it is further made that out of said balance of income on hand the said Executrix and Executor retain as and for their commissions _____ thereto the sum of one hundred and seventy three dollars and eight cents [$173.08] and that the residue thereof amounting to the sum forty seven hundred and forty five dollars and seventy three cents [$4,745.73] be distributed as follows that is to say.

To Deborah Westerfield the sum of seventeen hundred and eighty three dollars and 83 cents [$1,783.83] which will be in full of her share of said income in this accounting.

To Jane Ross the sum of eight hundred and ninety four dollars and 23 cents [$894.23], which with the sum of eight hundred and eighty nine dollars and sixty cents [$889.60] heretofore received by her will be in full of her share of said income in this accounting.

To Eliza J. Bertholf the sum of three hundred and ninety one dollars and 91 cents [$391.91] which with the sum of five hundred dollars [$500.00] heretofore received by her will be in full of her share of said income on this accounting.

To Julia Carman, Eliza Matson, Susan Carpenter, Harriet Shultz, Estate of Catharine L Ross dec'd, Matilda Pomeroy, Simeon B. Johnson, Henry J. Smith, and Mary L. Murphy each the sum of one hundred and ninety eight dollars and twenty cents [$198.20] which will be in full of each of their shares of said income on this accounting.

And it appearing that Peter J. Bertine a grandson of said Testatrix has received from said Executrix and Executor of said income the some of one hundred and eight dollars [$108.00] more than he is entitled to, it is ordered that he refund the said Executrix and Executor the said sum so as aforesaid overpaid.

"New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/ TH-1942-28642-21616-39?cc=1920234&wc=M9S9-5NP:319963222 : accessed 02 Feb 2014), New York > Decrees 1828-1865 bundle 140-142 1/2 > image 1045 of 1163