Cortland County
Probate Records
Samuel Griggs

Samuel Griggs
Cayuga Co., New York
Volume L, pp. 140-147

I, Samuel Griggs, of the Village of Levanna, Town of Ledyard, County of Cayuga, and State of New York, aged seventy one years and upwards being of sound, disposing mind and memory, blessed be Almighty God for the same, do make, publish and declare the following to be my Last Will and Testament in manner as follows, that is to say:

First: I direct that my body be buried by the side of my late wife Esther in the Presbyterian Burying Ground in the Village of Homer, Cortland County, and that my Executors at the expense of my estate, cause to be erected over my grave a marble monument which shall cost not less than one hundred nor more than 200 Hundred Dollars.

Second: I direct that my Executors after my decease promptly to pay the expenses of my last sickness and funeral expenses and all just demands on my Estate, and from time to time to pay all taxes laid on my Estate and the necessary expense of keeping the same in repair until finally disposed of as hereinafter directed.

Thirdly: I give and bequeath unto my beloved wife Relief the sum of Three Thousand Dollars to be paid to her by my Executors with interest within one year after my decease. I do also give unto my said wife one half of my household furniture and also one of my cows in her choice and election, which aforesaid provisions made for my said wife are so made and given and intended to be in lieu of and in full of all her claim and right to Dower, and of every other demand on my Estate Real and Personal, and all which as I may hereafter own or be possessed of in law or in Equity.

Fourthly: I give and bequeath the fiftyone shares of the Capital stock of the _outh Company of the Great Western Turnpike Road and all dividends due thereon at my decease to Isaac D. Woodward and Abraham Woodward, sons of Deacon Ward Woodward of Homer aforesaid.

Fifthly: I give and devise unto my nephew Samuel Griggs Bowen, son of my deceased sister Polly, for and during his natural life, the land and premises situate, lying and being in the Village of Levanna aforesaid which Jared D. Howard heretofore deeded to me and also the two fields or lots of land laying near said Village and which are bounded on the west by lands owned respectively by Stephen Allen and Otis Howe, and on the north by Isabel Warner's land, on the east by other land owned by me, and on the south by the School House lot and the center of the highway leading easterly from Levanna to Poplar Ridge, which last two fields or lots are estimated to contain about five acres of land more or less, and also the land and premises called the wood lot owned by me and which I formerly purchased of Asa Foote laying easterly from the said Village of Levanna, excepting ownership out of and from said wood lot forward one half acres thereof to be laid off across the north thereof by a line parallel to the north line aforesaid lot, and which is hereinafter devised to my niece Eliza Williams, and I do hereby authorize and empower my aforesaid nephew Samuel Griggs Bowen at any time during his life, by his Last Will and Testament to be made at any time before or after my own decease to devise in fee simple absolutely, all or any part of the premises hereinbefore devised be my to the said Samuel Griggs Bowen for life, to any person or persons he may choose, and every such devise made by said Bowen in due form of shall be as valid and of the same force and effect as though the said Bowen had been the owner of said premises in fee simple absolutely recorded however, that in case the present wife of the said Bowen shall outlive and survive him, she shall be entitled to have, use and enjoy during her life one third part of said premises, or in her election have for the like time the interest on one third part of the value of said premises to be valued by my Executors.

Sixthly: I give and devise to my niece Eliza Williams, wife of Joseph Williams, of Pomfret in the State of Connecticut, absolutely, four and an half acres of the wood lot or land laying Easterly from Levanna and which was purchased by me of Asa Foote to be laid off of and across the north end of said wood lot by a line running parallel to the north line of said wood land and so far south as to contain said four and an half acres of land, and also the fifteen and an half acres of land or thereabouts, laying near said wood lot and which was formerly deeded to me by William Delts and which has since been deeded to me by Samuel Griggs 2nd and his wife, to have and to hold said premises to the said Eliza her heirs and assigns forever, and in case said Eliza shall die in my lifetime, said devises are not to lapse, but said premises at my decease shall go to and vest in fee simple absolutely in the lineal descendants of said Eliza in such proportions as they would have inherited the same had she died ____ thereof and intestate.

Seventhly: I give and bequeath unto my friend Horatio Carpenter of Woodstock in the State of Connecticut, the sum of Two Hundred Dollars (to be paid to him by my executors within one year after my decease) but upon trust that he shall and will keep the same out upon [interest?] until his daughter Mary arrives to the age of Eighteen years, at which period said Horatio is to pay over said Two Hundred Dollars and all interest arising thereupon to his said daughter Mary as her own and in case said Mary shall die before arriving at such age leaving issue, such payment over is to be made to the issue of said Mary, or if she die without issue, then such payment is to be made to her next of kin.

Eighthly: I give and bequeath unto my seven nephews and nieces hereinafter next named, being children of my deceased brother Elijah as follows, that is to say to Elijah Griggs, Cynthia Carpenter, Sally Pellet, Rufus C. Griggs, Mary Day and Hannah Howard and to each and every of them, nine hundred dollars, and to Samuel Griggs the 2d, four hundred dollars, which said seven last mentioned legacies my Executors are to pay to the respective legatees within one year after my decease, and in every case where a female shall become entitled to a legacy and she shall be married, such legacy may be paid to her on her own separate receipt and for her separate use, and every such female shall and may have, hold, use and enjoy such legacy in the same manner as though such female was sole and unmarried, free from the control, interference or management of her husband, his liabilities, debts and creditors, and it is my will that in case of any said legatees die in my lifetime leaving lawful issue, then that such legacy shall not lapse, but go to and vest in such issue in the same manner as though such legatee had survived me and then have died intestate.

Ninth: I do hereby nominate constitute and appoint my friends John Hussey and Seneca Boyce of the town of Ledyard in the County of Cayuga aforesaid my Executors of this my Last Will and Testament and I do hereby authorize, empower and direct my Executors, within one year from my decease, to sell and dispose of in their discretion either at private sale or public venue or partly in each way, all the residue of my real and personal Estate not hereinbefore devised or bequeathed to some person or persons, and my said Executors are authorized to carry into effect any unexecuted agreement made by me, and to agree upon and make petition of any Estate held by me with others as tenant in common or otherwise, and to make, sign, seal, execute, acknowledge and deliver all deeds or writings necessary to carry my will into full and complete effect.

And Lastly: Whatsoever remains of my Estate after every provision contained in this my will is performed and fulfilled as hereinbefore is executed, I do give, devise and bequeath the same to my aforesaid Executors and the survivor of them in trust to pay over the same to Lewis Tappan, Treasurer of the American Missionary Association or to such other person as shall at the time of my death be the Treasurer of said Association, to be held and applied by him to the charitable uses of said Association as follows, that is to say one tenth thereof for the benefit of fugitive slaves, one tenth for the education of colored youth, one tenth for the [Siam ?] Mission, one tenth to supply Bibles and Testaments to slaves and free people of color in slave states, one tenth to supply fugitive slaves and free people of color in free states with Bibles and Testaments. One tenth for the Jamaican Mission and two tenths for the M__di Mission, and the remaining two tenths to be distributed according to the discretion of the Executive Committee.

In witness whereof, I have hereunto set my hand and seal this twelfth day of April in the year of our Lord One thousand eight hundred and forty eight, and I hereby revoke all former wills.

[A.B.?] I exempt from the devise to Samuel Griggs Bowen the right to all future owners of my homestead to lead water from two wells on land devised to said Samuel as is now used by me.

Samuel Griggs L.S.

The foregoing written instrument on the day of the date thereof was subscribed by Samuel Griggs the testator therein named, who declared the same to be his Last Will and Testament, who requested us whose names are hereto subscribed as attending witnesses to sign our names as such,which we did accordingly in presence of the Testator and of each other after the testator having signed his name in our respective presence. The words "sale" and "my" on 5th page first underlined. The 4 1/2 lines above the Testator's signature in relation to leading water written before execution.

E. Burnham of Ledyard, Cayuga County, New York
L. Nimrod of the same place

Submitted by Kim

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