Person Page - 3970

Administration of Judson's estate.
Estate of Judson Sackett, of Hanover, Chautauqua County, NY.
Order Granting Administration
Date: 2 Oct 1899.
Surrogate's Court, Mayville, Chautauqua County, NY, 11 Aug 1899.
Administration granted to: Ann E Van Vlack.
Bond: $1,300.
"... proved, to the satisfaction of the Surrogate, that the said deceased, at the time of his death, was a resident of Bradford, Pa. He came to the town of Hanover in about the month of August 1890 and left for a few days saying he would be back. He never returned and has never been heard from since and it is supposed that he is dead."
Personal estate in Chautauqua County not exceeding $650.
Named heirs: Laura Sackett, aunt; Frances Sackett, aunt; Ann E Van Vlack, aunt; Van Buren Sackett, uncle; Wilson Sackett, uncle; all of Hanover, NY.

Suffering Ended.
Mrs. Judson Sackett Committed Suicide with Laudanum While Despondent Over Bronchial Trouble.
     Mrs. Maggie Sackett, aged 60 years, wife of Judson Sackett of 102 Pooley place, took two ounces of laudanum yesterday with suicidal intent and ended her life. She was found unconscious at her home yesterday noon, and although doctors made strenuous efforts to save her life, she died at 6.45 o'clock in the afternoon at the Riverside Hospital.
     She left a note saying: "Please don't blame Jud for my wicked deed. Maggie."
     Mrs. Sackett had been a sufferer for some time with bronchial trouble, which had been so severe that for weeks at a time she would be unable to speak. When suffering from these attacks she would complain that life was a burden and that it would be better if she were dead, but she never threatened suicide.
     Sackett was employed as a laborer on the new edifice of the Church of the Annunciation on Lafayette avenue near Grant street, and he went to work as usual yesterday morning. He says his wife bade him an affectionate farewell, but never intimated that she intended to end her life. When he returned for his dinner at noon he found his wife unconscious in her room. He ran for a doctor, who went to the house and worked over the woman for an hour without succeeding in reviving her. She was then sent to the Riverside Hospital on Lafayette avenue, where the efforts to restore her to consciousness were continued. She died without regaining consciousness.
     On a dresser was found the note from Mrs. Sackett exonerating her husband of all blame for her death. Coroner Wilson, who was notified, found in the pantry at the house a bottle which Mr. Sackett said had contained two ounces of laudanum when he went to work in the morning. He had purchased four ounces some time before, and his wife had used half of it for medicinal purposes. The coroner deemed an inquest unnecessary, and granted a certificate of death from laudanum poisoning administered with suicidal intent.
     Mr. and Mrs. Sackett came from Pennsylvania where they once owned considerable property. Several years ago, when he lost his possessions, they moved to Buffalo and he secured work as a laborer. It is said that their married life was a happy one, the only unpleasant feature being Mrs. Sackett's physical infirmities.

—Buffalo Post, Buffalo, New York, 20 Apr 1900, p 10.

Newsy Paragraphs.
Matters of Local Interest Gleaned From Various Sources.
     —Judson Sackett was drunk Saturday and Patrolman McGlade of No. 5 arrested him. Judge Graf fined him $5.

—International Gazette, Black Rock, New York, 5 Jan 1901, p 4

Greater Buffalo.
Refused to Grant the Writ
Justice White Declined to Compel Surrogate Woodbury of Chautauqua to Waive Execution.
     Justice White in Special Term this morning refused to grant a writ of mandamus against Surrogate E. Woodbury of Chautauqua County compelling him to issue an execution against Van Buren Sackett for the sum of $498.60.
     The petition was made by Judson E. Sackett, who was once judicially declared to be dead, who wants to secure the money which was paid when he was supposed to be dead.
     Attorney Stevens, representing the Surrogate, opposed the motion on the ground that Van Buren Sackett had paid the money once and, if the execution was issued, he would have to pay it again, and contended that notice should be given him.
Justice White held that the Surrogate was right and that notice should be given Van Buren Sackett. He therefore denied the motion for mandamus with $10 costs against Judson Sackett.

—The Buffalo Enquirer, Buffalo, New York, 8 Jul 1901, p 1

Legally Dead Though Alive.
Absent 14 Years, He Fails to Get Money Once Due Him.
     Judson Sackett whose home is near Jamestown, N. Y., is legally dead. Fourteen years ago he disappeared under very mysterious circumstances. It was thought at the time that he met with foul play. The surrogate of the county, in the meantime, declared him legally dead and several hundred dollars that belonged to the estate was paid to his heirs, by his executor.
     Now he appears on the scene and wants his money back. He is trying to get a mandamus from Justice White compelling the surrogate to issue a judgment against the executor for the amount. The justice says he will not grant the mandamus as Sackett is legally a dead man.

—The Allentown Leader, Allentown, Pennsylvania, 11 Jul 1901, p 8

Judson Sackett Not Legally Dead, He Claims
His Attorney Will Appeal From a Decree Handed Down by Supreme Court Justice White.
Sackett Had Been Missing for Years
Has Turned Up and Demands His Share of His Deceased Father's Property—Money Said to Have Been Lost by Surrogate Sherman.
Special to the Times.
Dunkirk, July 17.—Judson Sackett of Irving, Chautauqua County, was for several years supposed to be dead. Now he has come to life and is making a determined fight to secure the money which was left to him on the death of a relative.
     Jacynthia Sackett of Irving died In 1893 or 1894. In his [sic] will he left $498.60 to each of his six relatives. [Jacyntha was Judson's aunt.] Judson Sackett was one of the six heirs and Van Buren Sackett, also of Irving, was appointed administrator of the estate. Judson Sackett was absent from the county when the decree was made by Surrogate Sherman, and his whereabouts was a complete mystery. The administrator claims to have given Judson Sackett's money to Daniel Sherman, who was surrogate at that time. One year ago a Mrs. Van Vleeck applied for letters of administration upon the estate of Judson Sackett. She offered as proof of his death the fact that he had not been heard from in several years and that no one knew where he was. The letters of administration were granted to Mrs. Van. Vleeck. Mrs. Van Vleeck subsequently endeavored to obtain an order from the surrogate requiring the administrator of Jacynthia Sackett's estate to pay Judson Sackett's money to her. Mrs. Van Vleeck never received the money for obvious reasons, which persons familiar with the case understand.
     Judson Sackett suddenly appeared on the scene a few months ago and he wanted the $498.60 right away. Attorney Thomas H. Larkins of this city was retained by the former dead man to get the money. Attorney Larkins found this a difficult task. He procured a transcript of the decree of the surrogate's court, which had been made June 30, 1894, and which required Van Buren Sackett, as administrator of the estate of Jacynthia Sackett, deceased, to pay Judson Sackett $498.60, or to pay the same into the county treasurer's office of Chautauqua County. The transcript was docketed as a judgment of the Supreme Court in the county clerk's office. He then applied to the surrogate for an execution upon this judgment but it was denied. Surrogate Woodbury claims that notice should be given to Van Buren Sackett, the administrator, of the application for the execution, as more than five years have elapsed since the decree was granted.
     Justice Truman C. White of the Supreme Court, sitting in Special Term at Buffalo, also held that the decree was such a final judgment and refused a mandamus to compel the surrogate to issue the execution.
     Attorney Larkins has taken an appeal from the order denying the writ of mandamus and the Appellate Division will pass on the question.
     It is said that Judson Sackett's money was lost when Surrogate Sherman, to whom the administrator is said to have given the money, came out behind in his accounts, and that his bondsmen will have to be sued before the money can be obtained.

—The Buffalo Times, Buffalo, New York, 17 Jul 1901, p 2

Sackett Won Case.
Surrogate Decides Administrator Must Pay Him Portion of Estate.
[Special Telegram to the Enquirer.]
     Dunkirk, July 19.— Surrogate E. E. Woodbury of Chautauqua County decided July 15th that Van Buren Sackett, administrator of the estate of Jacynthia Sackett of Irving, who died intestate in 1893, must pay to Judson Sackett, one of the heirs, his share, $498.60, and the interest thereon since June 30, 1894, less $65, already received by him.
     At the time of the division of the property Judson Sackett had not been heard from for several years, and upon June 30, 1894, Van Buren Sackett paid to Daniel Sherman, the surrogate of the county, $498.60, Judson Sackett's share of the estate and took his receipt as surrogate therefor.
     In 1900 Judson Sackett returned after eleven years' absence and demanded his share in the estate from the administrator, who told him it had been paid to the former surrogate. The administrator and Judson Sackett then went to the ex-surrogate, who paid him $65 on June 21, 1900, and promised to pay more.
     Judson Sackett then employed Attorney T. H. Larkins to prosecute his claim, and a petition was presented to the present surrogate, E. E. Woodbury, who decided that he would not issue an execution ex parte against the property of Van Buren Sackett, as requested in the petition.
     From this decision Judson Sackett, through his attorney, appealed to the Appellate Division of the Supreme Court, which handed down a decision that the surrogate was vested with judicial power in the proceedings. Citation papers were then served upon Van Buren Sackett requiring him to show cause why the execution requested should not be issued.
     He was represented by Towne & Smith of Silver Creek, who set up for defense that the payment had been made to the surrogate the year that the estate was settled. Surrogate Woodbury has decided that the payment of the money to the former surrogate was illegal, and does not release the administrator from his responsibility to pay the money to the heir.
     No proceedings can be taken against the former surrogate because by the statute of limitations they must be begun within five years.

—The Buffalo Enquirer, Buffalo, New York, 19 Jul 1902, p 8

Judson Sackett To Get His Money
Administrator Must Pay Defaulting Surrogate's Debt.
Odd Ruling Is Made
Other Actions Are To Be Begun On The Strength Of This Decision — A Supposed Dead Man Turns Up.
Special to The Times.
Dunkirk, July 19.—A case in "the court of the dead," which has created no little interest throughout Chautauqua County, has been settled by a decision handed down yesterday by Surrogate E. E. Woodbury, ordering the administrator of the estate of Mrs. Special to The Times.
Dunkirk, July 19.—A case in "the court of the dead," which has created no little interest throughout Chautauqua County, has been settled by a decision handed down yesterday by Surrogate E. E. Woodbury, ordering the administrator of theSpecial to The Times.
Dunkirk, July 19.—A case in "the court of the dead," which has created no little interest throughout Chautauqua County, has been settled by a decision handed down yesterday by Surrogate E. E. Woodbury, ordering the administrator of the estate of Mrs. Special to The Times.
Dunkirk, July 19.—A case in "the court of the dead," which has created no little interest throughout Chautauqua County, has been settled by a decision handed down yesterday by Surrogate E. E. Woodbury, ordering the admi[sic] Cynthia Sackett to pay to Judson Sackett, one of the heirs, his share with interest to date. [Jacyntha was unmarried.]
     In 1893 Cynthia Sackett of Irving died intestate, leaving an estate of about $3,000. Van Buren Sackett was appointed administrator. When the estate was ready to be divided, Judson Sackett, one of the heirs, could not be found. He had left home in 1891 and since then no trace of him had been heard. On June 30, 1894, his share amounting to $498.60, was paid to the surrogate, who in turn gave a receipt for the same.
     ln 1900, after an absence of 11 years from his native village, Judson Sackett alighted from a Lake Shore train and walked to his old home. His coming was a great surprise as it was generally believed that he was dead. The intervening time he had spent in the West upon the plains and prospecting for gold in the Rockies. He was grieved to learn of the deaths in the family which had occurred, but the news that he was heir to a small property was greeted with pleasure. It was found that the money which had been paid to the surrogate had, with the funds of several other estates, been misappropriated, and as no proceedings could be taken against the ex-surrogate, inasmuch as the statute of limitation for such cases must be commenced within five years, proceedings were begun by Attorney Thomas H. Larkins of Dunkirk to obtain an execution against the property of Van Buren Sackett, administrator.
     When the proceedings were first brought before the Hon. E. E. Woodbury, the present surrogate, he decided that he would not issue tne execution asked for ex parte, but would allow Van Buren Sackett to defend. An appeal was then made to the Appellate Division of the Supreme Court, sitting in Rochester, and it was there decided that the surrogate was vested with judicial powers in the proceedings. Citation papers were immediately served upon Van Buren Sackett requiring him to appear and show cause why the execution should not be issued. Attorneys Towne and Smith represented him, setting up the defense that payment had already been made to the surrogate, the year the estate had been settled.
     Hon. E. E. Woodbury of Jamestown yesterday handed down his decision holding that payment of the money to the former surrogate was illegal, and that the administrator must pay Judson Sackett his share of the estate with interest from June 30, 1894.
     Judge Woodbury's ruling has caused proceedings to be started against the administrators in several similar cases.

—The Buffalo Times, Buffalo, New York, 20 Jul 1902, p 25.