James Selleck, Sr.

More About James Selleck, Sr.

1793
James Selleck, Sr. was born January 14, 1793, in southwestern Connecticut in the county of Fairfield near the village of Dantown, now the present site of Laurel Reservoir. James was the third child of his father, Isaac Selleck, and his mother, who is not known. Apparently, James' mother died during the birth of James or shortly thereafter as Isaac married Sarah Waterbury who was five years his senior on July 1, 1793.

1813
James married Miss Polly Hoyt, daughter of Joseph Hoyt and Elizabeth Ingersoll, in November 1813.

1814
James was drafted into the service on or about the first of September 1814 at New Canaan, Fairfield County, Connecticut. On September 10, 1814, he was mustered into the service at Stamford, Fairfield County, Connecticut, in a company commanded by Captain Isaac Bennett. The company was immediately moved to Bridgeport, Connecticut, where it was stationed to guard and protect Bridgeport from invasion by the British. Captain Bennett's company was the only group of soldiers stationed there at that time. James remained with Captain Bennett's company at Bridgeport until November 10, 1814, at which time he was honorably discharged. He was paid at that time by a government paymaster at total of $16 for two months of service. James also received a certificate for 160 acres of bounty land, but by 1871 he had forgotten the number of his application or certificate.

1815
On July 4, 1815, James and Polly, along with Deacon Henry Webb, his family and probably others, left Connecticut and Pound Ridge, New York, area for the recently opened Connecticut Western Reserve lands that are now in northeastern Ohio. Each family drove their own teams. James, Polly and the Webbs arrived in what is now Austinburg in Ashtabula County, Ohio, on August 10. Their trip took them 37 days. It is presumed that their journey was across the mountains of northern Pennsylvania because in later years James expressed appreciation for the difficulties that were overcome in building a railroad through the mountains. In fact, they may have come through New York state following much the same route westward that the Erie canal later followed.
With no home, James and Polly spent the first year after their arrival in Austinburg, living in a one room log house that was built to serve as a church in the town. This first house of worship was erected in the township on the land of Rev. Mr. Cowles in 1810. It was a log house, covered with long oak shingles, and had a floor of puncheon (split logs), a chimney of sticks and mud, and a door with wooden latches and hinges. Living in this small house required the Sellecks to suffer the inconvenience of packing their things in close quarters every Sunday because the Austinburg pioneers were sure to be there to attend the Congregational Sabbath worship.
James Selick purchased by Warranty Deed from James Case 50 3/4 acres of land in the northeast corner of Lot 85 in Austinburg township for $350 on September 15, 1815. (Deed Record, Ashtabula County, Ohio, Book B, page 224)

A map showing the Seneca Road route to northeastern Ohio probably taken by James and Polly Selleck. Austinburg is just a few miles west of Jefferson, the county seat of Ashtabula County.

A portion of Austinburg Township taken from an 1874 Ashtabula County, Ohio, atlas. The village of Austinburg is shown in the upper right on the map. From the crossroads near the center of the village, 3 miles south located in the rectangle marked 40 is the James Selleck residence. This 50+ acres was taken from the original Lot 85. Each major square on the map measures 1/2 mile by 1/2 mile. On the right side of the highway running south 1.5 miles from Austinburg is the Austinburg Center Cemetery marked "Cem" in southwest corner of Lot 46.

1817
Erastus Selleck was born to James and Polly Selleck.
James Selleck purchased 38 acres on the north side of Lot 86 in Austinburg town ship for $320 on October 27, 1817 by Warranty Deed from Augustus Phelps. (Deed Record, Ashtabula County, Ohio, Book C, page 107)

1820
David Selleck was born to James and Polly Selleck, April 28, 1820.

1823
James Selleck, Jr. was born to James and Polly Selleck in December 1823.

1826
Lucy Selleck was born in 1826 to James and Polly Selleck.

1827
On April 2, 1827, James Selleck and wife Polly sold 3 acres of land to Philip Palmer. This small amount was located in the northwest corner of Lot 75. (Deed Record, Ashtabula County, Ohio, Book G, page 411)
On June 16, 1827, James and Polly Selleck release to Horatio Lockwood of Poundridge, NY, their claim to the property of the late Joseph Hoyt, Polly's father, for $250 in a quit claim deed. (Westchester County, NY, land records, Vol. 31, p. 160)

1828
On April 4, 1828, James Selleck, Sr. purchased 28 1/2 acres in Lot 74 in Austinburg Township by Warranty Deed from Joseph Mills for $250. (Deed Record, Ashtabula County, Ohio, Book G, page 137)
On November 21, 1828, James Selleck, Sr. purchased 15 acres in the south part of Lot 76 in Austinburg Township by Warranty Deed from Joseph Mills for $150. (Deed Record, Ashtabula County, Ohio, Book U, page 98) This purchase was adjacent to the land that James purchased from Augustus Phelps in 1817. The Turnpike or Center Road as it was then called bounded both properties on the west. The November 1828 land purchased from Joseph Mills was for a few acres on the west side of the Grand River.

1830
James Selleck, Sr. build a two story home on the northwest corner of the 50 3/4 acres of land that he had purchased in 1815 from James Case.

South and east side of the home build by James Selleck about 1830 on Lot 85 and located approximately four miles south of Austinburg on the west side of the highway. The home faced east and the highway, out of view to the right. Photo taken July 1907 for Mary (Selleck) Clark and her second husband Will Clark.

A 1978 photograph showing the east and north side of the James Selleck home. Photograph taken by Steven J. Selleck.

The home site on Lot 85 looking toward the southeast. Photo taken September 1998.

The home site on Lot 85 probably was located on the slight portion of raised ground shown in this photograph. Photo taken September 1998.

1831
On February 12, 1831, Solomon Cowles and his wife Keturak of Norfolk, Litchfield County, Connecticut, sold their 100 acres in Lot 74 by Warranty Deed to James Selleck for $200. (Deed Record, Ashtabula County, Ohio, Book U, page 99)

1833
Mary Selleck was born to James and Polly Selleck in 1833.

1837
Polly (Hoyt) Selleck died July 1, 1837, and was buried in the Austinburg Center Cemetery south of Austinburg.

The obelisk on the James Selleck, Sr. family plot in the Austinburg Center Cemetery. Photo taken September 1998.

The inscriptions at the base of the obelisk for Polly Selleck and James's second wife Ruth.

1838
James Selleck, Sr. married Ruth Crowell at Rome, Ohio, in October 1838.

1843
Dr. Squire Scofield paid a visit to old friends near Austinburg, Ohio. Scofield became sick with a severe cold which developed into "congestive fever." A physician who was called gave up hope on the very ill and "deranged" Squire Scofield. He told one of Squire's friends, James Selleck, that "there was not one chance in ten thousand for [his friend] to live. Mr Selleck felt very bad and told [those in attendance] that he must go home..., but as soon as I was dead to send and let him know. He came the next day and found me still a live [sic] but it was thot [sic] that there was not the least hopes that I could live." Eventually, Dr. Scofield lived and wrote his autobiograph which was later printed as "The Life of Dr. Squire Scofield", New York History April 1963, p. 174+.

1848
On November 16, 1848, James Selleck, Sr. purchased 75 acres from Orrin T. Payne in Lot 73 for $750 by Warranty Deed. (Deed Record, Ashtabula County, Ohio, Book 36, page 18)

1855
James Selleck, Sr. sold on January 11, 1855, by Warranty Deed 2.1 acres in Lots 76 and 86 to the Ashtabula and New Lisbon Railroad Company. (Deed Record, Ashtabula County, Ohio, Book 48, page 509)

1867
James Selleck, Sr. purchased 36 acres of land from Abram Johnson and his wife Hannah in Lot 73 on March 30, 1867, but Warranty Deed. (Deed Record, Ashtabula County, Ohio, Book 73, page 724)
This and the Orrin Payne land that James purchased in 1848 constituted about 110 acres in the eastern two thirds of Lot 73.

1868
James Selleck was an original stockholder in the first cheese factory to operate in Austinburg Township. This factory began operations in the spring in 1868. The cost of the building and machinery was almost $5,000. For the first three years the stockholder worked milk from 1000 cows and the average make was 70 tons of cheese a year.

1869
James Selleck, Sr. along with A. W. Howard, S. Hill, R. W. Payne, O. S. Payne, Joseph Mills, H. H. Austin, S. Stanley, W. T. Gibson and John Fairchilds was an original stockholder in the first cheese factory to begin operations in Austinburg township which began operations in the spring of 1869. The cost of the building and machinery was nearly $5,000. For the first three years the stockholders processed milk from 1,000 cows, and the average production was 70 tons of cheese a year. (History of Ashtabula County, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men, Williams Brothers, Philadelphia, 1878, page 191)
James Selleck, Sr. and Timothy Root obtained by Conveyance from the Sheriff of Ashtabula County, 53 1/3 square rods in Lot 26 located in the village of Austinburg on August 6, 1869. (Deed Record, Ashtabula County, Ohio, Book 78, page 502)

1971
James Selleck, Sr. applied to be put on the pension roll April 11, 1871, for his service of "the full period of sixty days in the Military Service of the United States in the War of 1812."
James Selleck, Sr. purchased from Timothy Root and his wife Adeline via Quit Claim Deed the undivided half of the 53 1/3 square rods in Lot 26 in the village of Austinburg on June 28, 1871. (Deed Record, Ashtabula County, Ohio, Book 81, page 534)
James Selleck, Sr. wrote his Will September 23, 1871.

Feeling desirous to dispose of my temporal affairs in a just & equitable manner, I do herewith for that purpose make & publish this my last Will & Testament, revoking all former wills by me made.

Item 1st. To my daughter Lucy Selleck, I will & bequeath Forty Shares for Stock in the first national Bank of Geauga which Stands in my name on the Books of said bank. Also an amount of Bedding equal in value to that which her Sister Mary received as her outfit after her marriage. Also the room she now occupies in my house while she lives if she chooses to occupy it so long.

Item 2nd. To my daughter Mary Blakesley, I will & bequeath the value of three Thousand (3000) dollars in six per cent government Bonds or to her children in case of her decease.

Item 3rd. To my son Erastus Selleck I will & bequeath the use & profits of the farm on which he now lives, (on condition that he pays the taxes yearly & keeps up the fences) during his lifetime.

I desire the title of said farm to vest in my son Harrison, should he out live Erastus. I furthermore give and bequeath to my son Erastus Selleck the use of Ten shares of stock in the Farmers National Bank of Ashtabula now standing in my name on the books of the company, the dividends of which he may appropriate to his use during his lifetime–and after his decease the aforesaid ten shares of stock in the said Farmers national Bank of Ashtabula are to revert to the legal heirs of my son James Selleck in equal portions.

Item 4th. To my wife Ruth Selleck, I will & bequeath a good and comfortable support during her lifetime including all needful food and raiment, medical attendances etc. to be appropriated from my Estate for her benefit, from the hands of my son Harrison Selleck.

Item 5th. In addition to the Specification in item first, I will & bequeath to my daughter Lucy Selleck the House & lot I now own in the village of Austinburg, known as the “Job house,” provided it is not disposed of during my lifetime. I furthermore give to my said daughter Lucy, one thousand dollars in the stock of the Ashtabula, Youngstown & Pittsburg railroad.

Item 6th. To my son Harrison Selleck I give & bequeath the residue & remainder of my Estate, both real & personal including the Homestead & whatever other effects I may own at the time of my decease provided and only on the condition that he furnishes for his mother such a support as is specified in Item 4th as above written.

Item 7th. Finally & lastly I will and appoint my friend L. W. Peck Esq. Of Austinburg as my legal executor to attend to the execution of the provisions of this my last will & Testament. Austinburg, Ohio.

Witness my hand and seal this 23 day of Sept. A.D. 1871.

The above instrument was signed by the said James Selleck in our prisance [sic] & in the prisance [sic] of such other and declared by him to be his last will and testament. This 23 day of Sept AD 1871.

H. H. Austin )

L. W. Peck ) of Austinburg, Witnesses

Erastus was living on the Selleck farm in Lots 73 and 74 west of the Grand River. He would continue to live on it for the rest of his life, however, title to it would be given to Harrison. James also gave title to the homestead in Lots 85 and 86 and the small acreage in Lot 76. Daughters Lucy and Mary were also remembered in the Will. Son David was left out of the Will for whatever reason.

1873
Mrs. Ruth Selleck, wife of James Selleck, aged 73 years, died in Austinburg on the 20th of June, 1873.29 She was reported as housekeeping and aged 70 at the time of her death, cause unknown, on June 23, 1873 (Death Record, Ashtabula County, Ohio, Vol. 1, p. 74).
After Ruth’s death, James Selleck wrote a Codicil to his Will July 16, 1873.
Whereas I James Selleck of Austinburg, Ohio, have [] my last Will and Testament in writing and dated Sept 23rd 1871.

Now therefore, I do by this writing which I hereby declare to be a codicil to my said last Will and Testament, and to be taken as a part thereof, order and declare that my will is that Item 4 (fourth) and 6th (sixth) be, and I do hereby declare them null and void. I lieu of item 6, I will & bequeath to my Son Harrison Selleck, Four Thousand dollars in stock in the second National Bank of Jefferson, now standing in my name on the books of said bank.

To the heirs of my deceased son James Selleck I will & bequeath the sum of ________ to each.

It is my desire that the Homestead farm, together with the necessary farming utensils, house hold furniture, and such other articles as my sons Erastus, Harrison and my executor think best or desirable to retain, be not sold during the lifetime of either of my sons Erastus or Harrison. — That they occupy the same (Homestead) jointly or severally, and afford a home to any of my children in misfortune or adversity — that its doors be open freely to any of my children when they wish or choose to visit the home of their childhood — and also that my daughter Lucy be allowed a home there so long as she chooses to stay.

It is my desire that when the Homestead farm is eventually sold that the proceeds be divided equally among the heirs named in this will or their heirs.

The residue of my estate — real and personal I give and bequeath in equal portions to my living children named in the will.

I also hereby give and empower my executor aforementioned, with full power and authority to perform all and singular the necessary acts — to carry out the provisions of my will and codicil, so far as it can be done, on or before the expiration of three months from the time of my decease.

In witness whereof I herewith set my hand and seal this 16th day of July 1873.

Signed James Selleck S.S.

Signed by the Testator in our presance [sic] and signed by us in his presance [sic] on the day and date above written.

L. W. Peck )

L. W. Peck ) Witnesses

Item 4 in the Will concerned how Ruth was to be treated during the remainder of her lifetime. Her death nullified that provision. Harrison would still get the land in Lots 73 and 74, but he now was not going to get the remainder of James’ estate -- the homestead and household goods. At some point in the future when the homestead was sold the proceeds were to go to James’ heirs, Mary, Lucy, Erastus, James and Harrison, named in the Will or their heirs.

1879
James Selleck died in Austinburg township or February 26, 1879. Col. Selleck was buried on Friday, February 28th.
Col. James was 86 years old when he died, and left a large estate for that time, amounting to 29,000 dollars. He was an original stockholder in the Geauga bank at Painesville, as well as banks in Ashtabula County, and he held $5,000 stock in the A. Y. & P. R. R. Co. He was also know as “the warm friend of the slave.” For some reason David Selleck was disinherited under the terms of his father's will.
"Another one of Austinburg's oldest inhabitants and first settlers, has gone home to his rest. James Selleck died February 26th, after a short illness of three days, with no disease other than the general infirmities that old age is incident to. ... Being a resident of Austinburg 68 years, his habits of economy and industry, had been such that he had gained for himself and family, a property sufficient for them all." (Ashtabula Sentinel, Jefferson, Ashtabula, Ohio, March 5, 1879, p. 1, col. 4.)
"Col. James Sellick was buried on Friday, February 28th. ... He leaves a large property to be divided among his four children." (Astabula Telegraph, Ashtabula, Ashtabula, Ohio, March 7, 1879, p. 3, col. 5) The use of Colonel was an honorific title possibly bestowed on James by his friends for his service in the war of 1812.

James Selleck's name along with that of his son Erastus and daughter Lucy inscribed on the Selleck obelisk."

Austinburg. "Mr. James Selleck who died in this township on the 26th ult., was on of the band of pioneers that have now nearly all passed away. ... Mr. Selleck was the warm friend of the slave. He was a well-known capitalist, an original stockholder in the Geauga bank at Painesville, as well as banks in our own county, and held $5000 stock in the A. Y. & P. Ry Co." (Ashtabula Telegraph, Ashtabula, Ohio, March 14, 1879, p. 3, col. 4)
On the 12th day of March, 1879, the Last Will and Testament and Codicil of James Selleck, deceased, was duly proved and admitted to Probate and Record by the Probate Court of Ashtabula County, Ohio. L. W. Peck personally appeared in open court to testify he signed as witness. James Selleck’s Will was contested certainly by Erastus Selleck and perhaps by others such as David Selleck who had been completely left out of the Will. Those who contested it attempted to make James appear to be mentally unable to make sound decisions. The following excerpts from a much longer testamony shows how Attorney E. Lee attempted to question James' sanity in his later years.

Cross Examination [of Peck] by Erastus Selleck by his Attorney E. Lee.

Ques. 1 At what place was said will executed?

Ans. At House of James Selleck, in Austinburg. It was written in the East room. It was written by me. No one was present but Mr. James Selleck and myself – I think his daughter Lucy passed through the room occasionally while it was being written.

Ques. 2 Was any person in the room when it was signed by him except yourself?

Ans. I think Mr. H. H. Austin was present. That is my recollection. My recollection is that he and I went there together. Mr. Selleck signed the will in presence of both of us. I think Mr. Austin was not in the room while it was being written. I think the will was written on one day and on a subsequent day Mr. Austin and I went up & witnessed it. I do not recollect how many days after, not very many. The day it was written there was no other competent witness present but myself & signing of same was adjourned until I should come with some other witness.

Ques. 3 How old was Mr. Selleck at the time?

Ans. I should say about Eighty years old.

Ques. 4 How long had you been acquainted with him?

Ans. About twenty years.

Ques. 5 Do you think his mind was as sound as it ever had been?

Ans. I think it was. Saw no reason why it was not.

Ques. 6 Did you know that he had a disease of the brain previous to that time and his mind was affected?

Ans. No I did not. I know that sometime previous he had been sick but had fully recovered.

Ques. 7 Were you not there before that sometime previous to that time and that his mind was affected?

Ans. I have no recollection of being there at any such time.

Ques. 8 Do you not know that at [the] time he executed his will it was generally reported that his mind was impaired to such an extent as to render him incompetent to transact business?

Ans. I do not nor did not at the time know any such thing?

Ques. 9 Were you called upon and did you go there to take care of him when he was deranged and had to be put under restraint?

Ans. I cannot say that I was. I can say this, I was there one day and helped bathe him and soak his feet. He was quite sick at that date. I should not think that he was deranged or had to be put under restraint.

Signed L. W. Peck

Sworn to and subscribed in open court this 12th day March A.D. 1879.

Signed E. J. Betts, Probate Judge.

The attorney Mr. Lee was leading the witness when he asked, “Did you know that he had a disease of the brain?...” Peck’s reply to the question and his reply to subsequent questions of this nature indicate that there was nothing wrong with James Selleck’s mind.
H. H. Austin also personally appeared in open court to testify he signed as witness.
The State of Ohio, Ashtabula County, Probate Court — Personally appeared in open court H. H. Austin, one of the subscribing witnesses to the paper hereto annexed purporting to be the last will and testament of James Selleck, late of Austinburg, deceased, who being duly sworn according to law to speak the truth the whole truth and nothing but the truth in relation to the execution of said writing deposes and says he was present at the execution of said paper writing by said James Selleck and saw him sign his name at the end thereof, that he signed his name as a witness to said will in the presence of said James Selleck, that he went to the house of James Selleck at the request of L. W. Peck to witness the will of said James Selleck. At the time Mr. Selleck signed the same Mr. L. W. Peck and myself were present. I could not state who requested me to place my name to the will as a witness. It was understood at the time that the paper was the will of James Selleck. I supposed Mr. Selleck was signing a will at the time he signed his name. I cannot state the conversation that was carried on there at the time. I went up to sign as a witness probably at the request of Mr. Selleck through Mr. Peck. Mr. Selleck never said anything to me about it. At [the] time Mr. Selleck signed the paper I do not remember whether he requested me to sign as a witness or not. The will was written previous to my going there. It is my impression that Mr. Peck produced the will at the time it was signed and that Mr. Selleck was about 80 yrs. old.

Cross-Examination [of Austin] by Erastus Selleck by E. Lee his Attorney

Ques. 1 Had you prior to this time been intimately acquainted with James Selleck?

Ans. I should say not, when using the word intimately.

Ques. 2 What do you say as to age and infirmity at that time, [had it] impaired his mind?

Ans. Had never heard that his mind was impaired any more than men generally at his age.

Ques. 3 At the time you signed this paper, do you recollect any conversation by or with Mr. James Selleck?

Ans. I have no doubt there was conversation. I do not recollect what was said. I do not remember anything that was said by him, but would not have anyone infer that he did not say anything.

Ques. 4 Have you any recollection that James Selleck asked you to sign the paper?

Ans. Certainly not. I went from home at Mr. Peck’s request and with him. Mr. Peck told me he wanted me to go up and sign as a witness (but I would not say whether he said he wanted me, or Uncle Jim wanted me) at all events I went up to sign as a witness to the will.

Ques. 5 Did James Selleck see you sign your name?

Ans. I should think he did. I should think no one was in the room at this time but Mr. James Selleck, Mr. Peck and myself. We were there in the room more or less than half an hour.

Signed H. H. Austin

Sworn to and subscribed in open court this 12th day March A.D. 1879.

Signed E. J. Betts, Probate Judge.

The reference to “Uncle Jim” is unclear. Was this to James Selleck? The cross examination of Mr. Austin is also an attempt to suggest that James’ mind was not sound and that provisions of the Will or at least the Codicil should be ignored. Mr. Austin’s answers to Mr. Lee’s questions also indicated that James’ mind was as sound as any man’s at the same age.

to Isaac Selleck
HOME

Feeling desirous to dispose of my temporal affairs in a just & equitable manner, I do herewith for that purpose make & publish this my last Will & Testament, revoking all former wills by me made.
Item 1st.	To my daughter Lucy Selleck, I will & bequeath Forty Shares for Stock in the first national Bank of Geauga which Stands in my name on the Books of said bank. Also an amount of Bedding equal in value to that which her Sister Mary received as her outfit after her marriage. Also the room she now occupies in my house while she lives if she chooses to occupy it so long.
Item 2nd.	To my daughter Mary Blakesley, I will & bequeath the value of three Thousand (3000) dollars in six per cent government Bonds or to her children in case of her decease.
Item 3rd.	To my son Erastus Selleck I will & bequeath the use & profits of the farm on which he now lives, (on condition that he pays the taxes yearly & keeps up the fences) during his lifetime. I desire the title of said farm to vest in my son Harrison, should he out live Erastus. I furthermore give and bequeath to my son Erastus Selleck the use of Ten shares of stock in the Farmers National Bank of Ashtabula now standing in my name on the books of the company, the dividends of which he may appropriate to his use during his lifetime–and after his decease the aforesaid ten shares of stock in the said Farmers national Bank of Ashtabula are to revert to the legal heirs of my son James Selleck in equal portions.
Item 4th.	To my wife Ruth Selleck, I will & bequeath a good and comfortable support during her lifetime including all needful food and raiment, medical attendances etc. to be appropriated from my Estate for her benefit, from the hands of my son Harrison Selleck.
Item 5th.	In addition to the Specification in item first, I will & bequeath to my daughter Lucy Selleck the House & lot I now own in the village of Austinburg, known as the “Job house,” provided it is not disposed of during my lifetime. I furthermore give to my said daughter Lucy, one thousand dollars in the stock of the Ashtabula, Youngstown & Pittsburg railroad.
Item 6th.	To my son Harrison Selleck I give & bequeath the residue & remainder of my Estate, both real & personal including the Homestead & whatever other effects I may own at the time of my decease provided and only on the condition that he furnishes for his mother such a support as is specified in Item 4th as above written.
Item 7th.	Finally & lastly I will and appoint my friend L. W. Peck Esq. Of Austinburg as my legal executor to attend to the execution of the provisions of this my last will & Testament. Austinburg, Ohio.
Witness my hand and seal this 23 day of Sept. A.D. 1871.

The above instrument was signed by the said James Selleck in our prisance [sic] & in the prisance [sic] of such other and declared by him to be his last will and testament. This 23 day of Sept AD 1871.

Signed by the Testator in our presance [sic] and signed by us in his presance [sic] on the day and date above written.
L. W. Peck	)
L. W. Peck	)	Witnesses

Cross Examination [of Peck] by Erastus Selleck by his Attorney E. Lee.
Ques. 1	At what place was said will executed?
Ans.	At House of James Selleck, in Austinburg. It was written in the East room. It was written by me. No one was present but Mr. James Selleck and myself – I think his daughter Lucy passed through the room occasionally while it was being written.
Ques. 2	Was any person in the room when it was signed by him except yourself?
Ans.	I think Mr. H. H. Austin was present. That is my recollection. My recollection is that he and I went there together. Mr. Selleck signed the will in presence of both of us. I think Mr. Austin was not in the room while it was being written. I think the will was written on one day and on a subsequent day Mr. Austin and I went up & witnessed it. I do not recollect how many days after, not very many. The day it was written there was no other competent witness present but myself & signing of same was adjourned until I should come with some other witness.
Ques. 3	How old was Mr. Selleck at the time?
Ans.	I should say about Eighty years old.
Ques. 4	How long had you been acquainted with him?
Ans.	About twenty years.
Ques. 5	Do you think his mind was as sound as it ever had been?
Ans.	I think it was. Saw no reason why it was not.
Ques. 6	Did you know that he had a disease of the brain previous to that time and his mind was affected?
Ans.	No I did not. I know that sometime previous he had been sick but had fully recovered.
Ques. 7	Were you not there before that sometime previous to that time and that his mind was affected?
Ans.	I have no recollection of being there at any such time.
Ques. 8	Do you not know that at [the] time he executed his will it was generally reported that his mind was impaired to such an extent as to render him incompetent to transact business?
Ans.	I do not nor did not at the time know any such thing?
Ques. 9	Were you called upon and did you go there to take care of him when he was deranged and had to be put under restraint?
Ans.	I cannot say that I was. I can say this, I was there one day and helped bathe him and soak his feet. He was quite sick at that date. I should not think that he was deranged or had to be put under restraint.

Signed	L. W. Peck
Sworn to and subscribed in open court this 12th day March A.D. 1879.
Signed	E. J. Betts, Probate Judge.

Cross-Examination [of Austin] by Erastus Selleck by E. Lee his Attorney
Ques. 1	Had you prior to this time been intimately acquainted with James Selleck?
Ans.	I should say not, when using the word intimately.
Ques. 2	What do you say as to age and infirmity at that time, [had it] impaired his mind?
Ans.	Had never heard that his mind was impaired any more than men generally at his age.
Ques. 3	At the time you signed this paper, do you recollect any conversation by or with Mr. James Selleck?
Ans.	I have no doubt there was conversation. I do not recollect what was said. I do not remember anything that was said by him, but would not have anyone infer that he did not say anything.
Ques. 4	Have you any recollection that James Selleck asked you to sign the paper?
Ans.	Certainly not. I went from home at Mr. Peck’s request and with him. Mr. Peck told me he wanted me to go up and sign as a witness (but I would not say whether he said he wanted me, or Uncle Jim wanted me) at all events I went up to sign as a witness to the will.
Ques. 5	Did James Selleck see you sign your name?
Ans.	I should think he did. I should think no one was in the room at this time but Mr. James Selleck, Mr. Peck and myself. We were there in the room more or less than half an hour.

Signed	H. H. Austin
Sworn to and subscribed in open court this 12th day March A.D. 1879.
Signed	E. J. Betts, Probate Judge.