ASAHEL P. GRISWOLD, 1849
Saybrook, Middlesex County, Conn. Probate Records
Vol. 9 1826 - 1830 and Vol. 10 1831 - 1838 (FHL Film #5532)
Vol. 11 1838 - 1844 and Vol. 12 1844 - 1852 (FHL Film #5533)
[Transcribed by Julia Marshall]
GRISWOLD, Asahel P.
Town of Saybrook, Conn. Probate Records, Vol. 12 1844 - 1852
pp 446 Petition & Citation & Appointment of Conservator (9 Oct 1849)
At a Court of Probate holden at Say Brook within and for the District of Say Brook on the 9th day of October A.D. 1849                     Present Selden M. Pratt Esq., Judge
upon the Petition and application of Lyman Spencer, Edwin Griswold and Ansel F. Pratt all of Say Brook in said Probate District respectfully sheweth, That they are relations of Asahel P. Griswold of said Say Brook and Probate District of Say Brook they each and all of them being sons in law of the said Asahel P. Griswold, That the said Asahel P. Griswold is a spendthrift and by sickness and intemperance has become and is incapable of taking care of himself or of managing his affairs, that he is possessed and is the owner of Estate real and personal of the value of one thousand Dollars and more, and that he is by reason of the premises wholly incompetent to manage and take care of the same, and is in great danger of being reduced to want and distress.
The petitioners therefore pray said Court to inquire into the facts aforesaid and on finding them true, to appoint some proper person to be conservator of said Asahel P. Griswold, his person and Estate, or in some other way grant relief, according to the statute in such case made and provided, and as in duty bound they will ever pray.
Dated at Say Brook this 21st day of September 1849
The said Petition was accompanied by a summons signed by lawful authority, to wit Selden M. Pratt a Justice of Peace for the County of Middlesex. Notifying the said Asahel P. Griswold & also one or more of the select men of the Town of Say Brook to appear if they or either of them see cause before the Court of Probate to be holden at the Probate Office in Say Brook in and for said Probate District of Say Brook on the 9th day of October A.D. 1849 at 10 o;clock in the forenoon then and there to shew cause if any they have why the prayer of the foregoing petition and application of Lyman Spencer, Edwin Griswold, and Ansel F. Pratt should not be granted and a conservator of said Asahel P. Griswold appointed as there in prayed for.
And this Court on due inquire find that said application and summons was legally served on the said Asahel P. Griswold by Charles W. Snow a proper officer and Deputy Sheriff at the usual place of abode of the said Asahel P. Griswold and reading the same in the hearing of -edly Snow one of the select men of the Town of Say Brook.
And now on the 9th day of October 1849, At the said Probate Office in said Say Brook the said Asahel P. Griswold and -edly Snow one of the Select men of the Town of Say Brook being three times publicly called made default of appearance. And now this Court having heard the evidence in said case and on due inquiry find the facts stated in said petition to be true and do find, consider and adjudge the said Asahel P. Griswold to be a spendthrift and incapable of managing his affairs and is in danger of being reduced to want and distress. It is therefore considered and adjudged by this Court that the prayer of said application be and the same is hereby granted and Daniel Griswold of said Say Brook is appointed Conservator of the said Asahel P. Griswold he giving bond with sufficient surety according to law.
Attest. Clark Nott, clerk
pp 532 Order of sale (17 Feb 1851)
At a Court of Probate held at Say Brook within & for the District of Say Brook on the 17th day of February 1851 Present James Phelps Judge
The Administrator on the Estate of Asahel P. Griswold late of said Saybrook deceased moves for an order to sell certain Real Estate, belonging to said deceased in his life time, being the place occupied by him at the time of his death, which is granted to the extent authorized by said order this day issued, it being the desire of all the heirs & parties in interest & not prejudicial to said Estate.
pp 535 Presentation of Will by Exec & refusal to serve (13 Mar 1851)
At the same Term of this court an Instrument purporting to be the last Will and Testament of Asahel P. Griswold late of Saybrook Deceased, was presented in Court by Wm. C. Bull Esq. the sole Executor therein named who refused to accept the trust & executorship of the same. Whereupon Saturday the 22nd day of March 1851 at 9. o.clock in the forenoon at this office was appointed as the time & place for a hearing for the appointment of an Administrator upon said Estate will, the will annexed & due & reasonable notice ordered to be given to the parties respectively of the time & place of said hearing that they may be severally present if they see cause & be heard in the premises.
pp 538 Appt. of Adm with Will annexed (22 Mar 1851)
At a Court of Probate held at Say Brook within & for the District of Say Brook on the 22nd day of March 1851 Present James Phelps Judge
William R. Clarke Esq. of Saybrook was appointed Administrator with the will annexed of all & singular the Goods, Chattel, & Estate of A. Porter Griswold late of said Saybrook deceased according to the provisions of the Statutes in such case provided.
pp 548 Trial of Will validity & the same rejected and set aside (30 Apr 1851)
At a Court of Probate held at Saybrook within & for the District of Saybrook on the 30th day of April AD 1851 Present James Phelps Judge
John Griffin of Groton in the county of New London presented a paper writing bearing date the 18th day of May 1838 and purporting to be witnessed by David Wright, Daniel Bull, and Calvin? Kelsey and to be the last Will & Testament of Asahel P. Griswold late of said Saybrook deceased the said Griffin being interested therein as the residuary legatee and device and moved this Court to approve & admit the same to Probate as the last Will & Testament of the deceased. And Lyman Spencer, Edwin Griswold & Ansel F. Pratt all of said Saybrook who in right of their wives respectively, they being the daughters and heirs at time of said deceased & interested in the Estate of said deceased & said pretended will; appeared at the same time & place & objected to the approval and Probate of said pretended last Will & Testament, and for reasons verbally assigned, that the said A. P. Griswold deceased at the time of the pretended execution of the said pretended last Will & Testament was not of sound and disposing mind and memory, and that the said Griffin induced & procured the said A. P. Griswold Deceased to make, or cause to be made, & to execute & publish said pretended will by means of importunity, undue influence, importation and fraud, and that the same never was the Will & Testament of said deceased. And the said parties were then & there at issue upon the truth of said reason, as aforesaid assigned & set forth. And this Court having fully heard said parties in the premises their evidence, and the arguments of Counsel and duly weighed and considered the same is of opinion and doth find consider and adjudge that said deceased at the time of the pretended execution of said Will was not of sound mind, that said Will was procured by undue and improper importunity, influence, and is not and was not the last Will and Testament of said deceased where upon and for the reasons aforesaid the same is rejected by Court and set aside.