1836 Will - Benjamin C. Reeves
Introduction
Tompkins County, New YorkWill Book C, p209
Dated: 6 May 1836, Lansing, Tompkins County, New York
Proved: 26 Aug 1836
Transcript
The last will and testament of Benjamin C. Reeves of the town of Lansing in the County of Tompkins and State of New York - I Benjamin C. Reeves considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this my last will and testament in manner and form following (that is to say)First I give and bequeath unto my wife Anna Reeves all my freehold estate it being the farm on which I now live (except ninety acres to be set off the south part of said farm) together with all my household furniture during her natural life or as long as she remains my widow which said legacy given to my said wife as aforesaid I hereby declare is intended to be and is so given to her in full satisfaction and recompense of and for her dower and thirds which she may or can in any wise claim or demand out of my estate and I hereby commit the guardianship of all my children until they shall respectively attain the age of twenty one years unto my said wife during her life if she shall so long continue my widow and from and after the decease or second marriage unto my son Benjamin C. Reeves and do hereby declare that the expenses of the maintenance and education of my said children until they shall attain the age aforesaid respectively shall be paid and borne by my said wife by and out of the estate given and bequeathed to her in and by this my will
Item I give and bequeath unto my three sons Ichabod L Reeves - Benjamin C Reeves and Stephen D Reeves the ninety acres above excepting to be set off the south side of my said farm in such a manner as to take three fifth of the wood or timber land quantity and quality considered said ninety acres of land to be equally divided between the aforesaid Ichabod L Benjamin C and Stephen D quantity and quality considered and the said Ichabod L Benjamin C and Stephen D Reeves to pay to my four daughters Mary Reeves Ursula Reeves Ann Reeves and Matilda Reeves one hundred and fifty dollars each as I shall hereafter direct.
I will and bequeath to my four daughters Mary Reeves Ursula Reeves Ann Reeves and Matilda Reeves one hundred and fifty dollars each which said several legacies or sums of money I will and order to be paid to the said respective legatees as they shall severally attain the age of twenty one years to be paid by the aforesaid Ichobad L Benjamin C and Stephen D Reeves
Item I give and bequeath to my two sons Moses L Reeves and Nathan W Reeves the freehold estate hereinbefore bequeathed to my wife Ann Reeves as her rite of dower in manner following - in case of either the death or marriage of my wife Ann Reeves before the said Moses L attains the age of twenty one years i will and order that the freehold aforesaid be rented out and the rents and profits arising from the same be applied for the support and education of all my children that at the time have not attained the age of twenty one years - in case either of the said events happen after the said Moses L shall have attained the age of twenty one years then I will and order that the said freehold property be divided equally quantity and quality considered the one half to be set off the said Moses L and the other half to be rented out, the proceeds of said renting so much as is necessary to the support and education of said Nathan W until the said Nathan W shall attain the full age of twenty one years - it is my will and I hereby order that at the time that the ninety acres of land is divided or set off to Ichabod L Benjamin C and Stephen D Reeves that said land shall be appraised by two disinterested men to be chosen the one by my executors and the other by said Ichabod L Benjamin C and Stephen D Reeves and in case they two shall not be able to agree on the value of said land them these two so chosen shall choose one other disinterested man and the valuation fixed upon by said three men or a majority of them shall be the value thereof - also at the time or division of the freehold estate heretofore bequeathed to my wife shall be made between Moses L and Nathan W Reeves said estate shall be apprised in the same manner as above directed except that one of the said appraisers shall be chosen by Moses L and Nathan W Reeves - I will and order that within one year after the division of said freehold between said Moses L and Nathan W Reeves the said Moses L and Nathan W shall or cause to be paid unto the said Ichabod L Reeves Benjamin C Reeves and Stephen D Reeves such sums of money as will after allowing said Ichabod L Benjamin C and Stephen D credit for monies by them paid to Mary Reeves Ursula Reeves Ann Reeves and Matilda Reeves as hereinbefore directed to be paid make their shares equal to the share received by them the said Moses L and Nathan W Reeves share and share alike - if the said division shall take place before the said Nathan W attains the age of twenty one years then the said Nathan W is not to be required to pay his half of said sums until one year after he shall have attained the age of twenty one years - but in case of the neglect or failure to pay any of the sums of money above directed to be paid by the persons required to apy the said sum or sums it is my will and I hereby order that the lands bequeathed to such person thus neglecting to pay shall be sold for the payment thereof - It is my will and I hereby order and direct that all the personal property possessed by my at my deceased (except my household furniture) or so much of it as may be deemed advisable by my executors hereinafter named be sold and the proceeds of such sale to be applied towards the discharge of my debts if the avails of such sale be not sufficient for the discharge of my debts then my executors to rent and otherwise improve and occupy all my estate (except my house and household furniture which is to be and remain for the exclusive benefit of my wife and family) until the avails of said renting or occupying together with said personal property shall be sufficient for the payment of all my debts - when my debts are all paid or discharged then the said ninety acres of land to be set off to Ichabod Benjamin C and Stephen D Reeves and not before.
Lastly As to all the rents that may not have been expended in bringing up my children and all the rest and residue of my personal estate goods and chattels of whatever kind or nature soever I give and bequeath to all my children to be equally divided between them share and share alike - on reflection it is my will that in the division of the land given to my wife as her Dower between Moses L and Nathan W it shall e optional with Ichabod L Benjamin C & Stephen D Reeves and they or either of them may take a share of said land sufficient to make them respectively equal with said Moses L and Nathan W in lieu of the money above directed to be paid to them respectively by said Moses L and Nathan W said land to be apprised as above directed - I hereby appoint Benjamin C Reeves and Ichill? Ludlow my executors of this my last will and testament - In witness whereof I have hereunto set my hand and seal the sixth day of May in the year of our Lord one thousand eight hundred and thirty six.
Benjamin C. Reeves (LS)
Signed sealed published and declared by the above named Benjamin C Reeves to be his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.
Seymour Benjamin of Lansing Tompkins County NY
Joseph Brown of Lansing Tompkins County
Seymour Benjamin of the town of Lansing in the County of Tompkins being first duly sworn deposeth and saith - that he was acquainted with the above mentioned Benjamin C Reeves deceased in his life time - that he saw Ichil Ludlow subscribe the instrument now shown to this deponent purporting to be the last will and testament of the said Benjamin C Reeves (at his request) and above described that he heard the said Benjamin C Reeves declare the same to be his last will and testament - that this deponent subscribed his name as a witness thereto in the presence and at the request of the said Benjamin C Reeves - that the said Benjamin C Reeves was at the time in the opinion and belief of this deponent of sound mind and memory and not under any restraint - and that he was about fifty years of age - that he died on or about the first day of June in the year 1836 and was a resident of the town of Lansing in the County of Tompkins at the time of his death.
Seymour Benjamin