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Three Village fourth-grade students hear about the carriage shed and about the horse and carriage days during a Founder’s Day program. Photo from Beverly Tyler

By Beverly C. Tyler

Photographers have been taking pictures of the Caroline Church Carriage Shed in all seasons for many years. Since it was completed in the spring of 1887 at a cost of $273, this simple open building has aged gracefully, becoming more beautiful as the roof took on a natural wave shape that added to its special appeal. In addition, its utilitarian construction of white oak beams, white pine boards, cedar shingles and black locust posts allows us to see the construction methods that date back beyond when the shed was constructed, to the beginnings of our community when our homes, barns and out-buildings were built using these same local materials.

The shed’s seven bays for horses and carriages were funded by Mary Smith, Thomas Hodgkins, Margaret Dickenson and Sarah Dominick, General Francis Spinola, Shepard Jones, Mrs. Frank Norton and William Edwards, local residents who wanted shelter for their horses and carriages. A painted family name board was attached to the rear wall of each stall or bay.

In November of 1892, Thomas Hodgkins, who built the Emma Clark Library for the community in memory of his niece, wrote a note to library trustee Israel Tyler, “It has just occurred to me that my horse shed at the Episcopal Church may be of some use to yourself and family, and as I shall never again have any use for it, I hereby offer it to you as a free gift. Very Truly Yours, Thomas G. Hodgkins.”

Hodgkins died in December 1892 and is buried along the entrance walk in the Caroline Church graveyard. Israel Tyler’s name is still there on shed bay number three.

Barbara Russell, a member of the Caroline Church Historical Committee wrote, “What appears to some as a building that outgrew its original use about 100 years ago is … a rather unique parking place, the vehicles just changed. I always preferred it on rainy Sundays, as I could exit my car and open my umbrella without getting wet. In summer months, my car stayed cool in the shade. Those Victorians knew what they were doing when they planned and built a simple structure to make life a little more pleasant. The sliding windows on the west wall just gave the horses a little air and a view … Horses like to see what is going on around them.

“What does it look like to residents who travel Main Street or Dyke Road, and pass it everyday? What does it look like to a newcomer, maybe shopping for a home in Setauket? What does it look like to a child who sees it for the first time? To know the answers, you will have to ask your friends, your new neighbors, and the seven-year-old who lives down the street. But most important: What does it look like to you?

“Is it a humble structure that reminds you of a simpler life? Life may have been simple, but it wasn’t easy. We can rush through the morning, jump into the car and drive to church in a temperature-controlled car. In 1887, in addition to getting ourselves ready, we would have fed, groomed and harnessed the horse to our carriage. Then we made our way to church, rain or shine, hot or cold.”

In 1991, the church and cemetery, including the carriage shed, were listed on the National Register of Historic Places. The criteria include age, integrity and significance. The carriage shed, still in its original location, easily meets all of these.

In April, 2016, 450 fourth-grade students from the Three Village Central School District toured Setauket’s original settlement area including the carriage shed. They learned about the shed and about the horses and carriages that were a part of life here for more than 300 years. They also discovered that before the carriage shed was built, a colonial one-room schoolhouse stood on the site. From 1700, until a new school was built in the center of the Setauket Village Green in 1869, all of the children from Setauket, East Setauket and Drowned Meadow (now Port Jefferson) attended school here, including all the local children who later became members of the Revolutionary War Culper Spy Ring.

Tours of Caroline Church and the churchyard, as well as tours by the Three Village Historical Society include the historic Caroline Church Carriage Shed and speak to the many centuries when horses and carriages were essential to our lives.

Today the carriage shed needs extensive restoration. Caroline Church has hired an architect for plans to restore the shed to its original condition and has applied for grant funding to help offset the cost of restoration. “We believe the 1887 carriage shed, as the 1729 Caroline Church building, are historic parts of the Three Village community,” reported Don Muffly, senior warden at Caroline Church. “We need the community’s financial support as the cost of restoration is beyond the resources of the church alone.” If you can help, please send your tax deductible contribution to Save the Carriage Shed, C/O Caroline Church, 1 Dyke Road, Setauket, NY 11733. For further information call 631-941-4245.

Beverly Tyler is the Three Village Historical Society historian and author of books available from the Three Village Historical Society.

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Aunt Amy’s Creek at West Meadow Creek, site of an early Native American village and an archaeological exploration by New York State Archaeologist William Ritchie. Photo from Beverly Tyler

By Beverly C. Tyler

From Native American hunter-gatherers through Colonial times, West Meadow Beach, West Meadow Creek and the adjacent tidal wetlands were a valuable resource.

On Saturday, July 16, an historic walk will be conducted by Barbara Russell, historian, Town of Brookhaven, and Beverly Tyler, historian, Three Village Historical Society. The walk, along Trustees Road from the pavilion at West Meadow Beach to the Gamecock Cottage, is sponsored by the Town of Brookhaven and cosponsored by the Three Village Historical Society.

Come and explore the area that sustained Native Americans and provided needed materials for settlers from the Colonial period to the present day. The walk is free and open to the public. No pre-registration required, however be on time as the walk will commence at 10:30 a.m. sharp. An exhibit in the Gamecock Cottage at the end of the walk will include artifacts gathered from the West Meadow Creek area.

We don’t know all the details about life on Long Island before the Europeans came because the people living here did not leave us a written or photographic record of their lives.

Archaeological excavations have given us most of the details of how people lived in this area as early as 5,000 years ago. One of the most famous sites in New York State was a nearby shell midden named The Stony Brook Site, excavated by State Archaeologist William Ritchie in 1955.

From archaeological digs by Ritchie and others, we know that, between 5,000 and 3,000 years ago, the native people were hunters and gatherers, dependent upon hunting local animals and gathering plants, stones, and clay for food, shelter, tools, clothes, and medicines.

The Fischetti Site, a prehistoric Indian site for manufacturing tools and spear points, was discovered during a cultural resource investigation of a proposed residential development in November 1980. Salvage excavations continued through October 1981.

The site, on the east side of West Meadow Creek, opposite the horse show grounds, was occupied by Algonquin Indians about 3,000 years ago. We know they used this location then because of the type of arrow and spear points and blades recovered. The major activity here, on the edge of Stony Brook creek, was making stone tools. We know this by the large quantities of stone flakes and roughed-out stones.

The almost total absence of food remains at the site shows that this was not the location of a village. However, a village site, The Stony Brook Site, did exist about 800 yards to the south, along what is now known as Aunt Amy’s Creek, during the same time period.

For thousands of years the Indians used natural resources, wood, stone, and animals, to make their housing, tools, and clothing. About 3,000 years ago, their way of life changed with the introduction of three things: pottery, the bow and arrow, and horticulture (farming). Like the earlier Indians, the Woodland Indians continued to rely on natural resources.

The artifacts taken from The Fischetti Site are part of the collection of the Three Village Historical Society. Artifacts from the Ritchie site are a part of the collection of the New York State Museum.

Beverly Tyler is the Three Village Historical Society historian and author of books available from the Three Village Historical Society.

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By Nancy Burner, Esq.

While discussing an estate plan with a client, she stopped me and said “What is probate.” Sometimes we forget to explain the simplest concepts. Probate is the process by which a last will and testament is given effect. Under New York State Law, a will is admitted to probate after the executor files a Petition for Probate with the decedent’s will attached and gives proper notice to the individuals that would have inherited from the decedent had the decedent died without a will. The proceeding for the probate of a will takes place in the Surrogate’s Court in the county where the decedent resided at the time of his or her death. The probate proceeding gives the interested parties (distributees) the right and opportunity to object to the probate of the will.

Typically, we advise that a client that creates a will consider if there are any circumstances that will make the probate proceeding an expensive one. For instance, is any distributee being disinherited? If so, that disgruntled distributee may come to Surrogates Court and object to the will. The litigation objecting to a will can be long and drawn out — and expensive as well. Are there missing heirs that must be found before the will can be probated? If so, it could be very expensive and time-consuming to find all the individuals that are required to be given notice and an opportunity to object. Is there real property owned by the decedent in different states? If so, then the will would have to be probated in each state. If any of these circumstances exist, you may want to avoid probate altogether.

We also suggest avoiding probate if you are the surviving spouse and your spouse is or has received Medicaid benefits. Medicaid has a lien against the spouse’s estate for any Medicaid benefits paid for the other spouse within 10 years of the death of the surviving spouse.

Another reason to avoid probate is if you have a disabled beneficiary as the Surrogate’s Court may appoint a guardian ad litem to protect that person’s interest. That could be another delay and cost to the estate.

The next question to consider is how do you avoid probate? One way to avoid probate is to name beneficiaries on all your accounts. But I rarely, if ever, suggest that a client resort to this solution without first considering the consequences. First, it may not be possible to name beneficiaries on all your accounts. What if your beneficiaries are minor’s or disabled? If that is the case, the minor or disabled beneficiary would have to have a guardian appointed to collect the bequest. This is also timely.

For minor’s, the guardian would have to put the money in a bank account, earn little or no interest and turn the money over to the beneficiary when he or she turned 18. If the account was a retirement account, the result is even harsher. The IRA or other retirement account would have to be liquidated, all income taxes paid and then put into a custodial account at a bank, earn little interest and then be paid to the beneficiary at age 18.

Most clients, when given the choice, would rather protect their heirs from divorcing spouses, Medicaid liens, creditors and taxes than avoid probate. We can protect beneficiaries by having their assets paid to trusts. This can be done in a will (and probate) or by avoiding probate altogether by using a revocable trust.

The important point here is that it is a mistake to make the avoidance of probate the overriding consideration when embarking upon an estate plan. Not everyone needs a revocable trust, but some people will be well served by using a trust, if the circumstances make probate impractical.

One size does not fit all. A successful estate plan takes all factors into consideration. In a world where people are computer savvy and everything is available on the internet, it is easy to believe that you can just do it yourself. The fact is attorneys are called counselors at law for a reason. The documents are only part of the problem and solution. The fact is, there is no substitute for competent legal advice.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

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By Linda M. Toga, Esq.

The Facts: I am named executor in my brother’s will. He died recently and his assets include a bank account and a house. Someone told me that since I am the named executor, I can close the account and sell his house simply by presenting the will.

The Question: Is that true?

The Answer: Absolutely not! Although you are named in your brother’s will as the executor of his estate, the surrogate’s court in the county in which your brother resided at the time of his death must admit the will to probate and issue letters testamentary to you before you can take any action with respect to your brother’s assets.

In other words, you must establish to the court’s satisfaction that the will is valid before you are able to act as executor. You cannot assume the responsibilities of executor without the court’s explicit approval.

The complexity, cost and time involved in having a will admitted to probate will vary with the number of beneficiaries named in the will, as well as the number of heirs to the estate, the ease with which your attorney can locate the beneficiaries and heirs, how cooperative those people may be with the attorney in moving forward, the value of the estate and whether anyone contests the admission of the will to probate, among other factors.

While the probate process can be straightforward and relatively inexpensive, there are numerous issues that can arise in the probate process that are best handled by an experienced estate attorney. Some of the most common issues with probate are not being able to locate individuals who are entitled to notice and dealing with individuals who contest the validity of the will.

Fortunately, the percentage of cases where a will is contested and ultimately not admitted to probate is small but, if there are objections filed to the probate of a will, the process can drag on for quite some time, significantly increasing the expenses of the estate.

Assuming the probate process goes smoothly and your brother’s will is ultimately admitted to probate, you will be issued letters testamentary by the court. Only then will you be in a position to marshal your brother’s assets, pay any legitimate outstanding debts your brother may have had, and make distributions in accordance with the wishes set forth in your brother’s will.

Once you have located and distributed your brother’s assets, you will be required to file with the court an inventory of your brother’s assets and releases from the beneficiaries stating that they received the bequests to which they were entitled under the will.

Linda M. Toga provides personalized service and peace of mind to her clients in the areas of estate administration and estate planning, real estate, marital agreements and litigation from her East Setauket office.

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