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Wills of John Layton

Privacy Level: Public (Green)
Date: 5 Jun 1857 to 25 Apr 1867
Location: Litchfield, Bradford County, Pennsylvaniamap
Surname/tag: Layton, Sussex_County, New_Jersey, Steuben_County, New_York, Bradford_County, Pennsylvania
This page has been accessed 502 times.

John Layton Esq. (1771-1865) wrote 2 different wills, in which over 30 individuals living in Sandyston Township, Sussex County, New Jersey, Urbana Township, Steuben County, New York, or Litchfield Township, Bradford County, Pennsylvania in the Mid-19th Century are mentioned by name, not all of them relatives.

Contents

Explanation of the Wills

John Layton, Esq. was born in 1771 and lived a long and prosperous life, having 3 wives, 14 children and many grandchildren. He lived so long, by 1857 his children were becoming fidgety and wished to receive a sense of how his holdings would be divided. By then he was living in Litchfield, Pennsylvania with his third wife and her children, far from the hotbeds of Laytons in Layton, New Jersey and Hammondsport, New York, so there was probably some fear the children he was seeing every day would get more than their share. Worse, he had already let some descendants borrow money from him against their future inheritance, and if he died intestate, most of them would be left owing money to the estate and not inheriting a thing.

So in 1857 at age 86 (when he still had 8 good years of life to come), John wrote his first will. Over 30 individuals are mentioned by name, people who were living in Sandyston Township, Sussex County, New Jersey, Urbana Township, Steuben County, New York, or Litchfield Township, Bradford County, Pennsylvania in the Mid-19th Century . In 1860 he updated his will, making mainly minor changes except for adding his eldest surviving son Isaac Layton as an executor. It is this 1860 will that was probated in Bradford County on 20 May 1865 after John's death on 4 May 1865.

My copy of the 1857 version of the will was found among the personal effects of John's grandson, George M. Layton, my grandfather. My copy of the 1860, final version of the will, was found among the personal effects of John's granddaughter, Edna Matheson. Both handwritten copies were transcribed in 1999 by June Layton and Veronica Seyd. Then for ease of comparison, I combined the two texts as you see below. Additions found in the later will are in parentheses (), while words omitted from or replaced in the later will are in brackets {}. The dashes -- only appeared in the earlier copy. I've changed the paragraphing for clarity.

- Pauline Layton, 3 June 2019

Text of Wills[1]

I John Layton of (Township of) Litchfield {in the} County of Bradford and State of Pennsylvania do make and declare this to be my last will and testament. -- I (do) order and direct that all my just debts and funeral expenses be paid as soon as conveniently can be after my decease. -- My worldly estate & property I dispose of as follows

-- To my son Isaac Layton I give and bequeath one thousand dollars in addition to what I have already {advanced to} (given) him (to be retained out of a thousand dollar note I hold against him after the value is settled with my estate.)

--To my son Lorenzo (D.) Layton I (give and) bequeath one thousand dollars in addition to what I have already {advanced to} (given) him (to be retained out of a thousand dollar note I hold against him after the value is settled with my estate.)

-- To my son John B. Layton I give and devise all my share of the house and lot which we owned together in the township of Sandyston in the State of New Jersey including barn, wagon house, cooper house and shop with all the other outbuildings belonging to said {lot} to be held by him his heirs and assigns forever in addition to what I have already {advanced to} (given) him

--I bequeath to the children of my deceased son William Layton such sum as together with a promissory note for one hundred and twenty six dollars and ninety six cents and interest, which I hold against Uriah G. Simpson will make one thousand dollars

-- my deceased granddaughter Lydia {Simpson is to have her equal share of the said sum [which] is} (Simpson's share of the said sum is) to be paid to her children specifically out of the {afore}said note and the said Simpson is to pay the residue of the note with interest, so that said child of said William Layton shall have an equal share of said one thousand dollars -- and the children of such as {may} (shall) be deceased shall take the share of his or her {parent in equal shares.} (present shares and share alike.} --In case any of said children should die before me without issue then the share of such child shall be equally divided between the {brothers & sisters surviving} (surviving children.)

-- I bequeath to the children of my deceased daughterLydia {Rosenkrance} (Rosenkrans) one thousand dollars in addition to what I {have already advanced to} (gave) her in her lifetime to be equally divided between them and in (the) case of the death of any of them before me then the share of such deceased child shall be equally divided among the survivors (or any of their children who may be indebted to my estate at my death may each retain the amount which I have provided for them in this will out of any such indebtedness after first settling the same with my estate.


(The following two paragraphs are switched in order in the later will.)

I bequeath to my daughter Catharine Shay wife of Timothy (E.) Shay one thousand dollars in addition to what I have already {advanced to her.} (given her after all notes and demands I hold against her husband Timothy E. Shay shall be settled with my estate.)

I bequeath to my grandson Nicholas Bevan(s) son of my deceased daughter Polly Bevan(s) two hundred dollars including a note I hold against him of twenty dollars if said note shall not be settled in my life time.


I bequeath to my daughter Esther Clark wife of Aaron W Clark two hundred dollars including a note of hand and three receipts amounting to nearly two hundred dollars. --

I also devise to the said Nicholas Bevan(s) and Esther Clark their heirs & assigns a farm I purchased {from} (of) Isaac {Losey} (Locy) called the Bedell farm. -- also a farm I purchased {from} (of) Mary Rutherford executrix of John Rutherford deceased, containing in all one hundred and twenty-five acres be the same more or less situate{d} in {Sandyston in the County of Essex & State of New Jersey} (Sandyston Township Sussex County New Jersey) Bounded by lands of James Clark, Peter Myers, John B. Layton & others. --said land to be divided between {the} said Esther Clark and Nicholas Bevan according to a line for a division made by me in the presence of Abram Bevan(s) Timothy E Shay and John Layton Jr -- Esther Clark to have the land lying on the north east side of said line and Nicholas Bevan(s) to have the land on the south west side of said line

I bequeath to {Abbey L Munn} (A L Munn) my youngest daughter wife of {Huston} (Hanson) S Munn the farm (I) purchased of William Bostwick situated in {Litchfield township Bradford County Pa} (Township of Litchfield County of Bradford State of Pennsylvania) adjoining (the) lands of Adam Crans, James Lee(s), Robert Campbell and others containing about {sixty} (sixty-five) acres -- said farm to be held and enjoyed by the said {Abbey L Munn} (A L Munn) to and for her sake & (for her sole &) separate use during her natural life, and at her decease the {said} property shall go to her children then living and the children of such as may be deceased in which case the children of deceased child shall take only the share which the parent would take if living But if she shall have no children or having them they {shall} (should) die without issue living at the decease of said {Abbey L Munn} (A L Munn), then (and in) that case the remainder of the estate in said {sixty} (sixty-five) acres shall rest in Andrew Layton and Snover Layton my sons or the survivors of them and their heirs.

(I also give and bequeath to the said A L Munn in addition to the said farm five hundred dollars after all notes and demands that I may hold against her husband Hanson S Munn shall be settled with my estate.)

I devise to my two youngest sons Andrew Layton and Snover Layton the farm I now live on containing two hundred acres (of land) more or less, adjoining {Harvey (?) Keyser, Moses Wheeler} (the farms of H Keyser, W M Walker, A V D Feed) and others to be equally divided between them when they arrive at the age of twenty-one years I also bequeath to each of them one good horse one yoke of oxen three years old one set of harness and other farming utensils such as are generally upon a farm.

-- And in case either of them should die without issue the share of the deceased shall go to the survivor & {Abbey L Munn in fee [word] equal shares.} (A L Munn in her share and share alike.)

-- All the remainder and residue of my personal estate after paying my debts and {legally} (legacies) herein bequeathed, I give and bequeath to my wife Sally M Layton in lieu of her right of dower in my real estate -- I further give to her two rooms in the mansion {house,} (I now live in) one on the {lower}(first) and one on the second floor with a fair share of garret & cellar room, during her natural {life.} (lifetime.)

(1st will ends)

And lastly I do appoint my wife Sally M Layton executrix of this my Last will & testament -- hereby revoking all other or former wills by me made. In witness whereof I have hereinto set my hand & seal this fifth day of June AD 1857

(signatures of testator and 2 witnesses)

The writing contained on this & the three preceding pages was signed and sealed by the above named John Layton & by him published and declared as & for his last will and testament in the presence of us who have hereto subscribed our names in his presence & in the presence of each other.

(2nd will ends)

And lastly I do appoint my wife Sally M Layton and my son Isaac Layton executors of this my Last will & testament -- hereby revoking all other or any wills by me made. In witness whereof I have hereunto set my hand & seal this nineteenth day of December in the year of our Lord 1860.

(1st will has the following codicil)

I John Layton of the Township of Litchfield County of Bradford & state of Pennsylvania Do make this codicil to be taken as part of this my last will and testament as follows - - an omission of five hundred dollars which I left out in the body of this will -- which five hundred dollars I bequeath to my youngest daughter Abby in addition to the farm I bequeathed to her which I purchased from William Bostwick

(signatures of testator and 2 witnesses)

(The 2nd will has a seal from the Registry Office of Bradford County and also a printed document dealing with the probate, dated May 20, 1865.)

Image #1 The Telegram [2]

According to a story my grandfather George M. Layton told, the aging farmer Johnny Layton complained one day at lunchtime that he couldn't keep pace any more with the youngsters (hired hands in their seventies), and he decided to take a nap before going back to work in the fields, bringing in the hay. He never woke up.

The next day his son Snover Layton sent a telegram alerting brother Isaac Layton and the other Steuben County, New York Laytons. They promptly wrote down the date the telegram arrived as the date John Layton died, thus recording it one day later than the actual date. [3]

- Pauline Layton, 4 June 2019


The text reads:

(Erie Railway Telegraph)
Waverly May 5th 1865
To Isaac Layton
Near Urbana -- via Bath
Father is dead --
Funeral Saturday -- 11 o'clock
SM Layton

On outside of envelope (which didn't copy well) it says:

Charges 50 cents.
No answer required.
Mr Isaac Layton Hammondsport N.Y.

Explanation of the 1867 Agreement

The 1867 Agreement by the Heirs of John Layton is not self-explanatory. My guess is that maybe John Layton had bought another 60 acres of land after he wrote his second will. It's unclear to my nonlegal mind why such land wouldn't go to his wife or to the eldest son rather than being divided among all the heirs (or, as seems to be the case here, some of the heirs). Most of them lived far away and would not have cared about inheriting a few acres apiece in distant Bradford County, Pennsylvania. The document provides for the public sale of the land to the highest bidder. Many (but not all) of the living relatives signed it. Interestingly the document fails to specify who will benefit from the sale, but perhaps the language was too obscure for me. My copy of the Agreement was Xeroxed from a handwritten original in the collection of Naomi Pratt, a great granddaughter of John Layton.

- Pauline Layton, 3 June 2019, revised 15 June 2019.


Text of 1867 Agreement by the Heirs of John Layton[4]

This agreement made this 25th day of April AD 1867. Between John B Layton Aaron W Clark and Ester Clark his wife, Timothy E Shay and Katy his wife, Anson P Rosenkrans, Allen Rosenkrans Lorenzo D. Rosenkrans, Layton Rosenkrans, John Layton Jr. Sylvester Layton, Steward Layton, Frances Layton Phebe Tilman Sarah Carmer Eunice Sigler Crissey Hornbeck [?] of Sussex County in the state of New Jersey, and Snover Layton of Litchfield township Bradford County State of Pennsylvania, the children, heirs at law of John Layton deceased [word] that said parties do mutually consent and agree to act with each other to sell at public sale to the highest bidder, all the real estate now belonging to them situate in the county of Bradford aforesaid being about sixty acres more or less and do agree to make and execute a good and sufficient deed therefore to pass the title of the same [word] purchase or purchases thereof, and we do agree that said sale shall be made after due notice as soon as conveniently can be and that the expenses of such sale shall be divided between us in proportion to our respective interests in the same.


Witness our hands and seals the day and year aforesaid (Signatures. See Image #2)


  • A.P. Rosenkrans
  • Allen Rosenkrans
  • L.D. Rosenkrans
  • John Layton Jr
  • Sylvester Layton
  • Steward Layton
  • Phebe Tillman
  • Eunice Sigler
  • S.M. Layton


In presence of J. Jacob Gould witnesseth the first sixth seventh eight and ninth,


Ephraim Shay witness fourth and fifth line


Samuel H Sanders witnesseth the second & third


Albert Tillman witnessing Tenth Eleventh & Twelfth

AJ Layton witness for the last name

(The following relatives were mentioned but failed to sign):

  • Layton Rosenkrans
  • Francis Layton
  • Sarah Carmer
  • Crissey Hornbeck

Image #2: Signatures on the 1867 Agreement of the Heirs of John Layton

Note all those official-looking seals. And the George Washington stamp.

Who lived where

Immediate family: In the 1860 Federal Census for Litchfield Township in Bradford County, Pennsylvania, John Laton (Layton, etc.) lived in household #1209 along with his wife Sally and sons Andrew and Snover. [5]

Names connected with John Laton's immediate neighbors' lands show up on the 1860 census: William Walker was in #1207. [5] Henry Kysier (Kyser, Kyzer, age 55, and wife Huldah were in household #1102. [6] (In 1850 Henry Kyser and wife Huldah in household #32 were next door to Moses Wheeler & wife Cynthia in #31.) [7]

In the 1850 Litchfield Census, William Bostick's family was #187, page 216, next door to Adam Crans (Cranis, Craus)'s family, #186. [7] The 1857 will states that daughter Abby Layton Munn will inherit a farm bought from William Bostick, and according to the 1860 Census she's already moved in (household #1131) and is living next to Adam Crans (Cranis!) (#1132). [8] William Bostick and Adam Crans are no longer such close neighbors, apparently, with the former living in #1140 in 1860. [8]

The Bostick-Munn farm was also said (in the will) to be next to James Lee's and Robert Campbell's lands. James Lee was in #1205 in 1860, close to father John Layton in #1209. [5] In the 1850 Census, a Robert Campbell was in family #39, not far from Moses Wheeler in #31. [7] Maybe Robert moved or died or something by 1860. Seemingly his son Alex Campbell is in #1195 in 1860, fairly close. [5]

As for the (other) heirs, Isaac Laton (Layton, etc.) was in the 1835 Federal Census for the Township of Pulteney, Steuben County, NY [9] Lorenzo Dow Layton is also known to have been living in Steuben County.

The other surviving children of John Layton's first marriage were presumably all living in Sussex County, New Jersey at the time: John B. Layton, Catharine Layton Shay, Esther (Hester) Layton Clark.

(In 1860, sons Andrew Layton and Snover Layton and daughter Abby Layton Munn were all living in Litchfield Township as stated above.)

The children of John Layton's deceased children William Layton, Lydia (Layton) Rosencrans, and Polly Layton Bevans, were all presumably living in Sussex County, New Jersey at the time.

Will witnesses: John D. Snover was the brother of John Layton's third wife, Sally Snover Layton He apparently lived in Litchfield, and he was dead by the time the second will was written. Silas B. Carmer was born in Sussex County, New Jersey but in 1862 he joined the Pennsylvania Volunteers and he was eventually buried in Bradford County, Pennsylvania. His wife (Ann Eliza Kyzer, married 1846 in Sussex County) was a daughter of Henry Kyzer who was evidently living next door to John Layton in Litchfield by 1857, so this seems to indicated the will was witnessed in Pennsylvania not New Jersey.

The 1867 Agreement: Aside from John Layton's youngest son Snover Layton, all the parties to the agreement are New Jerseyites. There are the surviving New Jersey children and their spouses, and then there's children of deceased son William Layton and children of deceased daughter Lydia (Layton) Rosencrans.

Agreement witnesses: Ephraim Shay is likely the Ephraim who's the child of Catharine Layton Shay. Albert Tillman is presumably the husband of Phebe Tillman. AJ Layton is Snover's full brother, living in Litchfield. The whereabouts of J. Jacob Gould and Samuel H. Sanders in 1867 remains to be proven but Sussex County, New Jersey seems indicated.

Sources

  1. Handwritten copies of John Layton's 2 wills, one dated 5 June 1857 and the other 19 Dec 1860, are both currently in the possession of Pauline Layton. They were transcribed in 1999 by June Layton and Veronica Seyd.
  2. Copied from telegram in possession of Naomi Pratt in 1999.
  3. Layton, Pauline. "Notes to Accompany Naomi Layton Case Pratt's Half-Round Pedigree" unpublished manuscript, 2000.
  4. Transcribed from a Xeroxed copy currently in the possession of Pauline Layton, of handwritten 1867 Agreement that was in the possession of Naomi Pratt in 1999.
  5. 5.0 5.1 5.2 5.3 http://www.joycetice.com/censusb/1860lit1172.htm )
  6. http://www.joycetice.com/censusb/1860lit1082.htm
  7. 7.0 7.1 7.2 http://www.joycetice.com/censusb/1850lit1.htm )
  8. 8.0 8.1 http://www.joycetice.com/censusb/1860lit1112.htm
  9. http://www.paintedhills.org/STEUBEN/1835PulteneyCensus.html


Handwritten copies of John Layton's 2 wills, one dated 5 June 1857 and the other 19 Dec 1860, both in the possession of Pauline Layton. The second will was probated 20 May 1865 in Bradford County, Pennsylvania. According to website http://www.sampubco.com/wills/pa/pabradford02.htm accessed 17 May 2004, a list of Bradford County will testators includes "LAYTON,JOHN LITCHFIELD PA-8-3-220"

Layton, Pauline. "Notes to Accompany Naomi Layton Case Pratt's Half-Round Pedigree" unpublished manuscript, 2000.

Erie Railway Telegraph telegram in possession of Naomi Pratt in 1999, from Snover Layton to Isaac Layton, 5 May 1865.

Xeroxed copy currently in the possession of Pauline Layton, of handwritten 1867 Agreement that was in the possession of Naomi Pratt in 1999.


Acknowledgements

Thanks to Naomi Pratt for her generosity in showing me her collection of Layton Family documents and lending me some to copy.

Thanks to June Layton and Veronica Seyd for their skills at typewriting and at deciphering difficult handwriting.

- Pauline Layton, 3 June 2019

AAAA John Layton, Esq. was born in 1771 and lived a long and prosperous life, having 3 wives, 14 children and many grandchildren.

AAAA This space is the intended destination for a merge from Space:John Layton's Wills.





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