1849 Will - Howel Reevs
Introduction
Orange County, New YorkWill Book T, p174
Dated: 5 May 1849
Probated: 24 Jan 1854
Transcript
The last Will and Testament of Howel Reevs of the town of Minisink, County of Orange, and State of New York:I Howel Reevs, considering the uncertainty of this mortal life, and being of sound mind & memory do make and publish this my last Will and Testament in the manner and form following: (that is to say)
Item first. As Executors of this my last Will and Testament I appoint my son in law Benjamin Horton, and my son Charles W. and I give to my executors so named the power of selling and conveying to purchasers, by sufficient titles, my real estate in such parts or parcels, and at such times as they shall judge most advantageous to my heirs.
Item Second. Unto my youngest son Howel, and to his heirs and assigns, I give and bequeath the farm on which I now live, containing about one hundred and ten acres of land, together with all the stock upon said farm of grain, cattle, sheep, hogs, horses, hay & farming utensils, and also the household furniture, excepting only so much of the latter, as I shall hereafter in this instrument bequeath to my wife, Mary. And further I require of my son Howel, and make the following incumbent upon him, in consideration of the devise which I have here made to him, and to his heirs & assigns, that during the time she is willing to remain living with him in the house where I now reside, he shall provide comfortable board for his mother, shall pay annually to my executors for the use of his mother, the sum of one hundred dollars, and at the end of two years after my decease, he shall pay to my executors the sum of fifteen hundred dollars, which shall by them be restored as part of the residue of my estate; But if after my decease, owing to any change in the circumstances of my son Howel, it shall become uncomfortable for my wife Mary to live in the house we now occupy, and if she shall choose to withdraw from it, and to reside in some other house, then as an equivalent for the room that she will vacate, & for the board that can not be furnished to her, he (I.E. my son Howel) or his heirs, and assigns, shall pay annually to my executors for the use of my wife Mary, the sum of one hundred and fifty dollars, during the term of her natural life.
Item 3rd. To my well beloved wife Mary, in addition to the provisions which I have made above for her maintenance & comfort, I give & bequeath the right to hold and occupy any one room, that she may choose as her own in the house where I now reside, so long as she shall continue to live in the house. And further I give and bequeath to her (viz my wife Mary) in perpetuity and forever, so much of my house hold furniture (even to the whole of it if she so wish) as she shall desire and choose for her own within six months after my death. But if my wife Mary shall prefer and choose her legal right of dower in my estate, instead of the provisions for her maintenance & comfort, which I have made above in this will then all such provisions, rights, and privileges made in her behalf shall be void and of no effect whatsoever, but the devise made to my son Howel, shall be valid, yet in the place of paying to my executors the sum of fifteen hundred dollars, at the time mentioned above he shall pay to them the sum of twenty five hundred dollars, which they shall appropriate as before described.
Item 4th. As to all the rest, residue and remainder of my personal and real estate, goods and chattles of what kind soever, I direct, authorize & empower my executors to divide it into ten equal parts, and to give one part to each of my children or to the heirs or assigns of each of my children, whose names are here written, viz.: Charles W., George, James, John D., Gabriel P., Mehetable, Mary, Sarah, Kitsy, and Elizabeth.
To my executors I give a claim or lien upon the farm, which I have herein bequeathed to my son Howel, in preference to all demands that he may hereafter create against it, for the purpose of securing the payment of all sums of money that I have made it incumbent on him to pay to them.
In witness whereof I have hereunto set my hand and seal this fifth day of May in the year of our Lord, One thousand Eight hundred and forty nine.
Howel Reevs (LS)
The above instrument consisting of one sheet of paper and written upon three pages, was now here subscribed by Howel Reevs, the testator, in the presence of each of us: and was at the same time declared by him, to be his last Will & Testament: and we at his request sign our names hereunto as attesting witnesses.
John (his mark) Stinnard { Both residents of the town County and State above written
Ralf Bull {
Whereupon, on motion of Benjamin F Duryea, Esquire, Counsel for the said executors, it is ordered, adjudged, and decreed, and the surrogate of the County of Orange, by virtue of the power and authority in him vested, doth order, adjudge, and decree, that the said last will and testament was duly executed, that the same is genuine and valid, and that the said Howell Reevs, at the time of executing the same, was in all respects competant to devise real estate, and was not under any restraint. And it is further hereby ordered, adjudged and decreed, that the said last Will and Testament, and the proofs and examinations taken in respect to the same, be recorded: that the said last Will and Testament, be admitted to probate, and that the same be and hereby is established as a will of Real and personal estate; and that letters testamentary thereon be issues to the said Charles W Reeve and Benjamin Horton, the executors named in said will, they first taking the oath or affirmation required by law.
James W Fowler, Surrogate
Orange County }
Surrogate's Office } I hereby certify the preceding to be a true Record, of the last Will and Testament of Howel Reevs, late of the town of Minisink in the County of Orange, deceased, and of all the proceedings had in relation to the proof thereof, as a Will of Real and personal estate.
James W Fowler, Surrogate