Jesse F. Locke surrogate court documents, transcripts (1861-1865).doc

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Jesse F. Locke surrogate court documents, transcripts (1861-1865).doc

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Jesse F. Locke dies March 12, 1861, without a will. The land John and Hannah Johnson have been living on is believed to be his. His old pal Lewis S. Payne becomes first administrator of Locke's estate. Both Payne and Chadwick appear to have claims against the estate. In 1864 Locke's daughter Miriam and a Mr. Sherman are appointed administrators (Sherman will be plaintiff w Johnson & Chadwick in later ation. against Fonners).

* April 1, 1861 – Letters of Administration
* October 14, 1861 – Citation on Payne’s Claim
* Jan 11, 1862 - Claim of said Lewis S. Payne against estate allowed ($210.03)
* February 5, 1864 – Renunciation of Administration
* October 14, 1861 – Citation for Payne’s claim
* Feb 1864 - Chadwick appears
* Feb 15 1864 - Daughter Miriam D. Locke administratix (Payne out)
* March 4, 1866 – Settlement order
* March 4, 1866 – Payne's settlement petition

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**April 1, 1861 – Letters of Administration**

> In the matter of the Administration of the goods, chattels and credits of Jesse F. Locke, deceased.
>
> The People of the State of New‑York, To Lewis S. Payne of Wheatfield, Niagara County, New‑York:
>
> Whereas Jesse F. Locke late of the town of Wheatfield in the County of Niagara and State of New‑York, deceased, as is alleged, died intestate; having, while living, and at the time of his death, goods, chattels and credits within this State, and you being entitled thereto, and having first taken and subscribed an oath faithfully and honestly to discharge the duties of such Administrator according to law; and having with your sureties executed a Bond to us, for the faithful performance of those duties; which oath and bond are duly filed in the Surrogate’s Office of our said County of Niagara; we do by these presents, Depute, Constitute and Appoint you Administrator of all and singular the goods, chattels and credits which were of the said Jesse F. Locke, deceased; and do hereby grant unto you, the said Lewis S. Payne, full power, by these presents, to fully administer upon his Personal Estate, and to do and perform all duties and acts relating thereto which by the laws of this State are required of Administrators appointed by the Surrogate, and the performance of which in the administration of the goods, chattels and credits aforesaid, may be necessary for the due, faithful, and proper administration thereof.
>
> In Witness Whereof we have caused the seal of office of our Surrogate to be hereunto affixed.
> Witness, George W. Bowen, Surrogate of the said County, at Lockport, this first day of April A.D. 1861.
>
> Recorded April 1, 1861 – G.W. Bowen, Surrogate

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**October 14, 1861 – Citation on Payne’s Claim**

> At a Surrogate’s Court held at the Surrogate’s Office in Lockport in and for the County of Niagara on the 14th day of October 1861.
> Present, G. W. Bowen, Surrogate.
>
> In the matter of the Estate of Jesse F. Locke, dec’d
>
> On reading and filing the petition of Lewis S. Payne, administrator \&c of Jesse F. Locke dec’d, from which it appears that said Payne has a demand against the Estate of said Jesse F. Locke, dec’d,
>
> It is ordered that a citation issue to the next of kin & all others interested in the estate of said dec’d requiring them to appear in this Court on the 18th day of November 1861 then & there to attend the proving of the demand of said Lewis S. Payne, such administrator, & that the same be served 15 days before the return thereof.
>
>     G. W. Bowen
>     Surrogate

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Jan 11, 1862


At a Surrogate’s Court held at the Surrogate’s Office in Lockport in and for the County of Niagara on the 11th day of January 1862
Present, G. W. Bowen, Surrogate

In the matter of the claim of Lewis S. Payne, administrator of the goods, chattels & credits of Jesse F. Locke, deceased, against the Estate of said dec’d:

Lewis  S. Payne, the administrator of the goods, chattels & credits which were of Jesse F. Locke, late of Wheatfield, Niagara County, deceased, having heretofore presented his petition setting forth that the estate of said deceased was indebted to him in a considerable amount, and praying that the same might be proved & allowed, and a citation having been issued & served upon the widow & next of kin of said deceased, and the said Lewis S. Payne having appeared upon the return of said citation, and having from time to time to which the said matter was adjourned, produced evidence in support of his said claim;

It is therefore ordered & adjudged, and the Surrogate aforesaid doth order & adjudge, pursuant to the provisions of the statutes in such case made & provided, that said Lewis S. Payne has duly proved his claim against the estate of said deceased to the amount in the aggregate of three hundred seventy‑six dollars & eighty‑nine cents; that the said estate have an offset thereto to the amount of one hundred sixty‑seven dollars & eighty‑six cents, leaving a balance over & above all offsets of two hundred & ten dollars & three cents, this day due & owing said Lewis S. Payne by said estate; and that the said claim of said Lewis S. Payne against said estate be & the same hereby is allowed in said sum of two hundred & ten dollars & three cents over & above all offsets of said estate.

G. W. Bowen
Surrogate

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**February 5 & 15, 1864 – Renunciation of Administration**

> County of Niagara. Surrogate’s Court
> In the matter of the Administration of the goods, chattels & credits by Administrators of Jesse F. Locke, deceased.
>
> I, Mary Ann Locke, widow of Jesse F. Locke, deceased, of Wheatfield in the County of Niagara and State of New‑York, and we, Jesse Fayette Locke and Permelia P. Locke, children and heirs‑at‑law of said deceased who died intestate, do hereby renounce all right and claim to administration of the goods, chattels and credits of the said intestate late administered by Lewis S. Payne, and do hereby ask to have George W. Sherman of Wheatfield in this County and State aforesaid appointed Administrator, and Miriam D. Locke administratrix, of the same place, of said goods, chattels and credits of said intestate.
>
> Witness our hands and seal this \_\_ day of February 1864.
>
>   Mary Ann Locke (L.S.)
>   Permelia P. Locke (L.S.) by Miriam her Guardian
>   Jesse F. Locke (L.S.) by Charles E. Hill his Guardian
>
> State of New‑York }
> County of Niagara ss.
> On this 5th day of February 1864, before me personally came Mary Ann Locke, Permelia P. Locke by Miriam her Guardian, and Charles E. Hill as Guardian of Jesse F. Locke, to me known to be the same persons described in and who executed the foregoing instrument, and acknowledged that they executed the same.
>
> Lewis Swain, Justice of the Peace
>
> Recorded Feb. 15 1864 – H.D. Scripture, Surrogate

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At a Surrogate’s Court held at the Surrogate’s Office at Lockport in and for the County of Niagara on the 15th day of February 1864.
Present, H. D. Scripture, Surrogate.

In the matter of the administration of the goods, chattels & credits which were of Jesse F. Locke, deceased.

On reading and filing the petition of Miriam D. Locke, the daughter of Jesse F. Locke, late of Wheatfield in the County of Niagara, deceased, praying that administration of all and singular the goods, chattels and credits which were of said deceased, be granted to herself and George W. Sherman to be joined with her; and that a bond with two competent sureties, as required by law, having been filed, and the oath of office duly taken and subscribed by said Miriam D. Locke and George W. Sherman, who are in all respects competent to act as administrators of the personal estate of said deceased:

It is ORDERED that the prayer of the petition herein be granted, and that Letters of Administration issue to said Miriam D. Locke and George W. Sherman.

And it is further ordered, that Asa W. C. Gregory and Franklin Warren of said County, two disinterested persons, be, and they are hereby appointed appraisers to estimate and appraise the personal property of said deceased.

H. D. Scripture
Surrogate

**March 4, 1866 – Sherman & Locke Administrators’ Final Settlement Order**

> 508
>
> It is ordered that a citation issue to all persons interested in the estate of said deceased, requiring them to appear in this Court on the second day of April 1866 at ten (10) o’clock A.M. and attend to the final settlement of such accounts.
>
> H.D. Scripture, Surrogate
>
> At a Surrogate’s Court held at the City of Lockport in and for Niagara County on the 4th day of March A.D. 1866.
> Present, Henry D. Scripture, Surrogate.
> In the matter of the settlement of the accounts of Geo. W. Sherman and Miriam D. Locke, Administrators & c. of Jesse F. Locke, deceased.
> On reading and filing the petition of George W. Sherman and Miriam D. Locke, Administrators & Administratrix of the goods, chattels and credits of Jesse F. Locke, late of the town of Wheatfield, deceased, asking for a settlement of their accounts as such Administrators and Administratrix,
> It is ordered that a citation issue to all persons interested in the estate of said deceased, requiring them to appear in this Court on the second day of April 1866 at ten o’clock A.M. to attend the settlement of such accounts.
> H.D. Scripture
> Surrogate

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### 1. February 8, 1864

At a Surrogate’s Court held at the Surrogate’s Office at Lockport in and for Niagara County on the eighth day of February 1864.
Present, H. D. Scripture, Surrogate.

**In the matter of the settlement of the accounts of Lewis S. Payne, Administrator of the goods, chattels & credits of Jesse F. Locke, dec’d.**

On reading and filing the petition of said Administrator of the goods, chattels & credits of said Jesse F. Locke, dec’d, late of Niagara County, praying for relief, it is ordered that a citation issue to the next of kin & all others interested in the estate of said dec’d, requiring them to appear in this Court on the eighteenth day of February 1864 at ten o’clock A.M., then and there to give new security in the usual form for the faithful discharge of his duties as such Administrator.

     H. D. Scripture
     Surrogate

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### 2. February 15, 1864 (a)

At a Surrogate’s Court held at the Surrogate’s Office at Lockport on the fifteenth day of February 1864.
Present, H. D. Scripture, Surrogate.

**In the matter of the Letters of Lewis S. Payne, Administrator \&c. of Jesse F. Locke, dec’d.**

Letters of Administration of the goods and chattels of Jesse F. Locke, deceased, having been heretofore granted to Lewis S. Payne of Wheatfield by the Surrogate of Niagara County, and John Chadwick, one of the sureties of said Administrator, having filed his petition in this Court on the eighth day of February 1864 asking for release as such surety…

*(the remainder of this petition‑recital is filed in the case packet)*

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### 3. February 15, 1864 (b)

… and a citation having been duly issued by the Surrogate of Niagara County in pursuance of an order made therein requiring said Administrator to appear in this Court on the fifteenth day of February 1864 at ten o’clock A.M., then and there to give new security in the usual form for the faithful discharge of his duties as such Administrator.

Now, on reading and filing due proof of the service of said citation in the manner provided by law, and the said Administrator failing to appear pursuant to the direction of said citation, it is therefore ordered that the Letters of Administration of all and singular the goods, chattels and credits of said Jesse F. Locke, deceased, heretofore granted and issued by the Surrogate of Niagara County bearing date on the first day of April 1861, be, and the same hereby are, revoked; and all authority of said Lewis S. Payne as such Administrator are thereupon to cease.

     H. D. Scripture
     Surrogate





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**March 4, 1866 – Payne’s Petition for Final Settlement**

> At a Surrogate’s Court held at the City of Lockport in and for Niagara County on the 4th day of March A.D. 1866.
> Present, Henry D. Scripture, Surrogate.
> In the matter of the final settlement of the accounts of Lewis S. Payne, Administrator of the Estate of Jesse F. Locke, deceased.
> On reading and filing the petition of Lewis S. Payne, Administrator of the goods, chattels and credits of Jesse F. Locke, late of the town of Wheatfield, deceased, asking for a final settlement of his accounts as such Administrator, and it appearing that more than eighteen months have elapsed since his appointment…

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To get the **meat and potatoes** of Jesse F. Locke’s estate—i.e. what he owned, who made claims against it, and who ultimately got what—you’ll need to pull the **supporting papers** that the Surrogate’s Court docket only references. Here’s exactly what to ask for and where to look:

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### 1. Identify the Estate File Number

Each estate had a file or “case jacket” number. Look at the docket entries (e.g. the January 1862 claim, the February 1864 administration, the March 1866 final‐settlement citations) for a file or docket number in the margin. If none is obvious, note Jesse F. Locke’s name + 1861–1866 and ask the clerk to pull the entire “Jesse F. Locke, dec’d” folder.

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### 2. Request the **Inventory & Appraisal**

After Letters of Administration are granted, the administrators had to file an **Inventory and Appraisement** of all goods, chattels, credits, and real estate. That document will list every piece of personal property (livestock, household goods, notes receivable, etc.) and which appraiser valued it.

* **Where to find:**

* “Inventory Book” or “Appraisement Book” in Niagara County Surrogate’s Office.
* Or inside the estate’s case packet, often near the front.

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### 3. Pull the **Claims Register** or **Account Books**

Administrators then pay debts and distribute whatever’s left. At the end they file:

* **Account of Administration** (detailed receipts and disbursements)

* **Claims Register** (claims filed by creditors or heirs)

* **Final Distribution Plan** (who got which assets or sums of money)

* **Where to find:**

* “Account Book” or “Claims Book” volumes in the court archives.
* Within the case packet under “Administration Account” or “Final Distribution.”

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### 4. Look for **Petitions & Orders** on Distribution

Sometimes there’s a separate “Distribution Petition” if heirs petitioned for specific property, or the court issued a “Decree of Distribution” spelling out exactly who got what.

* **Where to find:**

* In the case jacket, toward the back.
* Or indexed under “Distribution Decrees.”

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### 5. Check the **Estate Index**

The clerk’s office often keeps an **alphabetical index** to wills and administrations. That will confirm file numbers and may even list the pages or book references for inventories, accounts, and decrees.

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### 6. How to Ask the Clerk

When you go to the **Niagara County Surrogate’s Office (or Archives)**, say something like:

> “I’d like the complete estate file for Jesse F. Locke, dec’d, Wheatfield. I need the Inventory & Appraisement, the Claims Register or Account of Administration, and any final Decree of Distribution. His Letters of Administration were issued April 1, 1861; new administrators appointed Feb 15, 1864; and final‐settlement citations in March 1866.”

They’ll pull the case packet, and you can photocopy or photograph:

1. **Inventory & Appraisement**
2. **Account of Administration** (receipts/disbursements)
3. **Claims Register** (who claimed against the estate)
4. **Decree/Petition of Distribution** (how it was split)

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Once you have those, you’ll see the **line‑by‑line** breakdown of every asset, every creditor or heir who filed a claim, and exactly how much or what property each person received.




Date

1861

Citation

“Jesse F. Locke surrogate court documents, transcripts (1861-1865).doc,” North Tonawanda History, accessed June 22, 2025, https://www.nthistory.com/items/show/4148.