1865 Will - Charles W. Reevs
Introduction
Orange County, New YorkWill Book 29, p235
Dated: 16 Jul 1865
Probated: 11 Sep 1865
Transcript
In the name of God Amen I Charles W Reevs, of Goshen, County of Orange and State of New York being of sound mind and memory blessed be God for the same, in view of the uncertainty of life, and reminded by my present illness of the certainty of death do make, publish and declare this my last Will and Testament in the words and figures following, that is to say:First I order and direct my executors hereinafter named as soon after my death as conveniently may be to pay all my just debts and funeral expenses.
Second I give devise and bequeath unto my wife Catherine J. Reevs all the household furniture she brought to my house or belonging to her; the hall oil cloths in my dwelling house; all provisions and the vessels containing them that may be about the house after my decease, for family purposes; and the use of a cow and all property connected with my said dwelling house for the term of six months after my decease if she so desires it.
Third I give, devise and bequeath unto my said wife Catharine J. her heirs and assigns forever, the dwelling house and premises where I now reside formerly purchased of Asa D Jansen, subject to all charges there may be against it for taxes at the time of my decease, on condition expressly, that she my said wife, pays her daughter Fanny at the age of eighteen years, the sum of one thousand dollars, and on the further condition that she my said wife pays my executors hereinafter named, the sum of three thousand dollars within two years after my decease; which said sum of three thousand dollars is hereby made a charge and encumbrance upon said premises so given to my said wife; and all the bequests and provisions hereinbefore made in favor of my said wife, and for her benefit are upon the express condition that she accept them in lieu of all dower ad rights of dower in or to my estate.
Fourt I give devise and bequeath unto my daughter Louisa Hetgel, my piano; which stands in the parlor in my dwelling house, together with the cover and stool.
Fifth I give devise and bequeath unto Mrs Sarah knight formerly Miss Sarah Jappan? the carpets on the two parlors on the first floor of my said dwelling house on account of the care and attention shown by her to my fatherinlaw and motherinlaw Mr and Mrs. Lee in their old age.
Sixth I give devise and bequeath unto my sister Mrs Kitsey Weed, the carpets upon the upper parlors directly over those give to Mrs. Knight.
Seventh I give devise and bequeath unto my friend Bradford R. Champion the book case standing in the large hall of my residence aforesaid.
Eighth In case my wife does not choose to accept the provision herein made for her in lieu of dower, but prefers her dower rights then and in that case I order and direct my said executors to properly provide for the support care, education, clothing and maintenance of her daughter Fanny until she shall arrive at the age of sixteen years, and should she live until she attains her eighteenth year then I direct them to pay her the sum of Five Hundred Dollars, but,
Ninth should she not live until that time then said sum of five hundred dollars is to go into the general fund of my estate.
I have an interest in a fund from the estate of my father, in which my mother has a life estate; at her decease I order and direct my said executors to invest said sum, which will be about four hundred dollars, together with any and all moneys which I may entitled to or receive from Kitsey Baker or her executors through any last will and testament of hers, in permanent and safe securities, and annually pay to the trustees of the Methodist Episcopal Church of the Village of Goshen, the interest thereon, provided said Trustees on the pact of said church pay an equal amount annually themselves which said sum is to go for the support of the gospel in said Church as aforesaid, and to be designated as the "Church Fund" and if at any time the office of Trustee of said church should become vacant and there should be no trustee to receive said annual interest, then I direct my executors to pay the same to the stewards of said Church for the time being and if at the end of twenty years, or even sooner, said trustees should deem it advisable for good cause, to build a new church, then I hereby give my executors full power to use said Church fund for that purpose, provided said Church is built upon the site of the residence now occupied by Nathan Westcott Esqr. And it is further my will in relation to said Church Fund, that if either of my sons Floyd H. or Coe L. shall require, need, or desire said fund in their business, the same is to be loaned to them at five percent per annum, the interest going to said trustees as aforesaid.
Tenth I order and direct my executors to place in the hands of my son Floyd H. Reevs, the sum of one hundred dollars, to be by him as a trustee invested in the same maner as the church find, and the annual interest to be used in keeping the grounds where I am buried in good order, and if there is no demand for any outlay in five years, then the fund is to be one hundred dollars, with the interest added for five years, and if in the course of time, the friends of those who buy adjoining or in the same burying ground desire to improve the ground by building a neat and proper fence around the same, my said trustee is authorized and empowered to expend the whole of said fund for that purpose. My said sons are to have the same privilege with this fund as to having it and paying five percent upon it as in the case of the church find.
Eleventh. I hereby order and direct my said Executors hereinafter named, to sell transfer and convey to the pruchaser or purchasers thereof all the real estate of which I may die seized, except the lands and premises used as a burying ground which I purchased of Andrew Webb hereby giving and granting to them full power and authority to execute and acknowledge conveyances in the law for the more effectually vesting and confirming the titles thereof to the respective purchasers, and to offer the same for sale within six months after my decease at public or proviate sale, and to sell the same to the best interests of my estate and I order and direct my said executors to sell said real estate within five years at least after my decease. This provision is not to apply to my dwelling house, heretofore bequeathed to my wife, unless my said wife chooses and insists upon having her dower in my estate.
Twelfth. Thinking and honestly believing that the fashion or custom of the times in spending large sums of money in costly and expensive funerals is vain and foolish, I hereby order and direct my said executors that they procure a common pine coffin from the undertaker, without any ornaments of silver, or otherwise, to bury my body in - that they put up a marble slab similar to the one standing at the head of my first wife's grave and that the following inscription only be put upon it "Charles W Reevs, died _____ aged ____ and nothing more - that after returning from the grave they ascertain from the undertaker the price of one of the most extravagant coffins, and after learning it, they (my executors) pay to the sexton who afficiated at my funeral the sum of five dollars and to each of the clergymen, should there be more than one, the sum of five dollars and the balance being the difference between said sum so paid to said sexton and clergymen and the price of such expensive coffin, they hand over and pay into the hands of my wife, to be by her expended and divided among the needy poor of the village of Goshen. And it is further my wish and desire and request that no badge of mourning be worn at my funeral of any character, by friends or relatives, and that the dress of my family be the same as usual.
Thirteenth. All the rest residue and remainder of my estate both real and personal I give, devise and bequeath unto my four children Louisa Hetzel, Floyd H. Reevs, Coe L. Reevs, and Ella Reevs share and share alike. As hereinbefore provided my whole property except as herein stated, is to be sold and converted into money forming one fund which is then to be divided into four shares or parts, one of which is to go to my son Floyd H. one to my daughter Louisa, one to my son Coe S. and the other to my little pet daughter Ella; but should the said sum exceed the sum of three thousand dollars for each ones share or pact, then I order my executors to take ten percent of the remainder and add it to the church fund to become part thereof.
I will state here that I made my son Floyd share the same as my other three children in my estate, although I have already given him three thousand dollars and I do this because he has been long in business with me, and has always been kind and affectionate to me - he is my oldest son and has worked hard in managing and conducting our business and I feel towards him as though I ought not now to give him any less on account of having given him something years ago.
Lastly I hereby nominate constitute and appoint my sons Floyd H. Reevs and Coe S. Reevs and my friend Bradford R. Champion executors of this my last will and testament and also hereby nominate and appoint them the testamentary guardians of my infant daughter Ella Reevs.
In testimony whereof I have hereunto set my hand and seal this sixteenth day of July 1865.
C. W. Reevs (LS)
The above or foregoing instrument in writing was at the date thereof subscribed by Charles W. Reevs the testator in the presence of each of us, and was at the same time declared by him to be his last will and testament and we at his request and in his presence and in the presence of each other have signed our names hereto as attesting witnesses.
W. Murray Goshen NY
C W Horton Goshen NY
Surrogates Court At a surrogates Court held at the Surrogates office in the Village of Goshen in and for the County of Orange on the Eleventh day of September one thousand eight hundred and sixty five
Present David A Scott. Surrogates
In the matter of proving the last Will and Testament of
Charles W Reevs, deceased
as a will of real and person estate
In pursuance of an order this day made that the examination of the witnesses in this matter of proving the last Will and Testament of Charles W. Reevs late of the town of Goshen in the County of Orange, deceased dated the sixteenth day of July one thousand eight hundred and sixty five as a will of real ad personal estate be immediately proceeded with and Bradford R. Champion, Coe S. Reevs and Floyd H. Reevs the executors in said will named, the said Bradford R. Champion being the petitioner herein, having appeared in support of the proofs of said will, ad Catharine J. Reevs and Louisa R. Hetzel having each appeared in person and Roswell C. Coleman Esq Special Guardian of Ella Reevs and Fanny Reevs minors having appeared in behalf of said minors and no other parties of persons having appeared in this matter; the said executors produced the attesting witnesses to the said last will and testament; and the proofs and examination of said testting witnesses having been duly taken and heard; and after hearing the proofs and allegations of the said persons appearing as aforesaid, and the said Roswell C. Coleman special guardians as aforesaid having submitted the rights and interests of the said minors to the care and discretion of the Court, and due deliberation being thereon had, and it appearing upon proof taken that the said last will and testament was duly executed, that the testator at the time of executing the same was in all respects competent to devise real estate, and not under restraint; and the Surrogate being satisfied of its genuineness and validity; it is adjudged and decreed, and the Surrogate by virtue of the power and authority in him vested, doth adjudge and decree that the said last Will was duly executed that the same is genuine and valid - that the said last Will and testament and the proof and examinations taken in respect to the same be recorded 0 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 it is further ordered that letters testamentary on the probate thereof be and the same are hereby granted to Bradford R. Champion, Coe S. Reevs and Floyd H. Reevs the executors therein named, they first taking the oath required by law.
D. A. Scott Surrogate
County of Orange }
Surrogates Office }
I hereby Certify the preceding to be a True Record of the Last Will and Testament of Charles W. Reevs late of the town of Goshen 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.
D A Scott Surrogate