To The Surrogate of the County of Saratoga

To the Surrogate of the County of Saratoga:
The Petition of Robert Spier of Milton respectfully sheweth:
That lately, and on or about the 26th day of January A.D. 1857 Ezra Austin died at the town of Galway in the county of Saratoga, being at the time of his death, an inhabitant of the said county of Saratoga: That the said deceased, left a certain instrument in writing, purporting to be his last Will and Testament, bearing date upon the 12th day of February in the year of our Lord one thousand eight hundred and forty eight which relates to both real and personal estate, and in said instrument your petitioner and Betsey Austin named as Executor and executrix And which instrument your petitioner verily believes to be the last Will and Testament of the said Ezra Austin deceased: That the said Ezra died leaving the following persons him surviving, to wit: Betsey Austin widow residing at Providence, Saratoga County - Ezra Austin of Wiscoi Allegany Co., Lydia Cadman wife of George Cadman of Newark, Rock County Wisconsin - Jonathan Austin of Providence aforesaid - Joseph McOmber, Sophia McOmber - Lydia McOmber Huyek Maria McOmber, Ezra W. McOmber & George A. McOmber of Providence - Julia Ann Watkins wife of John Watkins of Waterloo Seneca County - Orpha Ann Feltz wife of Florent Feltz of the City of New York - Lydia Dubois of New York City - Austin A Dubois - Smith H. Dubois & Charlotte E. Dubois of Williamsburgh N.Y. - Jane Eliza Fonda wife of John Fonda of Florida Herkimer Co - Shadrack Austin of Newark New Jersey - The heirs of Isaac Austin late of Springport Cayuga Co, N.Y. deceased, whose names & places of residence are unknown to your petitioner - Austin Cole and (F)Clarence Cole residing in Illinois but at what place your petitioner cannot state.

And who are all and the only heirs at law, and next of kin of the said deceased: Your petitioner further represents, that of the above named persons, the following named are minors, under twenty-one years of age, and have not to the knowledge or belief of your petitioner, a general guardian within this state, to wit:
Ezra W. McOmber, George A Mc Omber, mary Ann Edwards, Lydia Dubois, Austin A. Dubois, Smith H. Dubois & Charlotte E. Dubois, Austin Cole & Florence Cole - The heirs of Isaac Austin deceased.
Your petitioner therefore pray that a citation may issue to the heirs at law widow and next of kin to the said deceased, requiring them to appear before the said Surrogate at his office in the village of Ballston Spa in the county of Saratoga aforesaid, on the 14th day of September A.D. 1857 at 10 o'clock in the forenoon of that day, to attend the probate of the said last Will and Testament of the said Ezra Austin, deceased, and that the said Will may be proved and recorded as a Will relating to both real and personal estate, according to the forms of the statutes of the State of New York in such case made and provided. And your petitioner as in duty bound will ever pray, &c.
Dated the 13th day of July A.D. 1857
Robert Spier

NOTE:(not part of document) On this original on the name Clarence Cole the C is either written over the F or vice versa, the same with the letter a in Clarence. I searched Illinois and found Austin P. Cole marred a Bessie J Nancarrow Oct 6, 1874 Whiteside Co IL # 00003689; Clarence M Cole married Eva M Rouse 8 Aug 1874 Whiteside Co IL # 00003639. These could be the heirs mentioned in the document above but it is not proof of same.