People, Place, and Time

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David McCrossen’s will

I, David McCrossen, of the town of Richmond in the County of Ontario and State of NY, in the contemplation of the uncertainty of human life, do hereby make, publish and declare this my last will and testament in manner following.

1. I give and bequeath to my wife REBECCA L. all my household goods and effects to be and remain forever at her disposal. I also give devise and bequeath to my said wife the use in common profits of all my seal estate during her natural life, subject nevertheless to and upon the conditions following. That is to say, if my personal estate when sold, except the household goods as above mentioned, shall not amount to the sum of eight hundred dollars, then, one half of my seal estate shall be rented year after year successively until the deficiency of the said sum of eight hundred dollars shall be made up or realised(?), provided that the same shall be made up in the life time of my said wife; providing however, that my said wife may allow the whole or any part of the household goods as above mentioned, to be used for the purpose of assisting to make up the said sum of eight hundred dollars as aforesaid:

2. I give and bequeath to my three daughters, named as follows, JANE, CAROLINE M., and ELEN L., two hundred dollars each and to my four grand children named as follows, ALBERT, ELIZABETH F[oster], ANGELINE and REBECCA, the children of my daughter MARY [b. 1811 Ireland; married Morey Harrington Church], deceased, fifty dollars each: The bequests to my three daughters and four grand children to be paid in manner following, that is to say, all my personal estate except the household goods as above mentioned, shall be disposed of at the discretion of my Executors, and the avails thereof equally divided between my said three daughters and my said four grand children as above named, in proportion to the sums bequeathed to each: But, in case my personal property when sold, together with whatever of the household goods which my said wife may be disposed to have used for that purpose, shall not amount to the said sum of eight hundred dollars, then, the deficiency thereof shall be made up out of the yearly rent of the said on half of my real estate, provided the said yearly rent shall amount, in the lifetime of my said wife, to a sum sufficient therefore: And the the said annual rent of the one half part of my real estate. Shall be annually divided between my said three daughters and said four grand children in proportion to the amount bequeathed to each:

3. Immediately after the decease of my said wife, all my real estate hereby devised and bequeathed, if not before sold, shall be equally divided between my sons named as follows, JAMES, JOHN, DAVID, WILLIAM, HENRY, NIXSON, GEORGE H. and CHRISTOHER C. or the survivors of them provided any of them shall die without lawful issue before such final division: but in case any of them shall die leaving lawful issue surviving them, such issue to stand in the place of and take the share that the parent would if living:

4. If at the time of the decease of my said wife, the said sum of eight hundred dollars shall not have been made up as above provided for, then my Executors herein after named, shall sell my said real estate, and out of the moneys insuing(?) from such sale, shall pay to my said three daughters and four grandchildren as above named, the suns that may be due them on the bequests as above made, and pay the balances thereof to my said sons as above named, respectively, of to their lawful issue as the case may be: providing, however, that my said sons may pay the eight hundred dollars or the balance thereof, as the case may be; if they prefer so to do:

5. Where as my said son GEORGE H. is now indebted to me in the sum of two hundred dollars, I do hereby direct, that in case the said sum of two hundred dollars with annual interest thereon from the day of the date hereof, shall not be duly paid to my Executors, then that portion of my real estate given, devised and bequeathed to my said son GEORGE H. shall be sold and anything in the foregoing to the contrary notwithstanding the amount of the said sum of two hundred dollars and interest thereon as above provided, shall be retained and appropriated on the eight hundred dollars bequeathed to my three daughters and four grandchildren, provided the said sum of eight hundred dollars shall not have been previously made up; but in case it has been made up, then to be divided equally between my other sons as above named:

6. The bequests herein above given to my said wife are to be received by here in lieu of dauser(?)

7. I do hereby appoint BENJAMIN REGUS of the town of Richmond in the County of Ontario and Sate of NY and HIRAM COLEGROVE of the town of Canadice, County and State aforesaid, Executors of this my last will and testament with full power as trustees or otherwise, to execute, perform and fulfill all the conditions of this my will as aforesaid, and as herein after provided, that is to say,

Item(?) In case my said Executors shall deem it advisable and for the best interests of all persons concerned in this my will as above mentioned, to sell and dispose of my real estate, then and in such case they shall have full power to so do, and to appropriate the moneys arising from such sale according to the provisions of this my will as aforesaid:

In witness whereof I have hereunto set my hand and seal this fifth day of February, one thousand eight hundred and sixty four:

his
David X McCrossen
Mark

Ontario County NY Will Book Vol. S page 337
Transcribed by Judith Cannon

 

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This entry was posted on November 5, 2010 by in Uncategorized and tagged , , , .
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