Last Will and Testament of Richard Clow
Copied from Greene County Will Liber H, pg. 389
Probated at Catskill, November 27, 1854
I, Richard Clow, of the town of Athens, County of Greene and State of New York, being of sound disposing mind, memory, and understanding, do hereby make and declare this to be my last Will and Testament, as follows, to wit:
First.- I will and direct that all my just
honest debts and funeral charges be paid by my Executors hereinafter mentioned
Item- I give and bequeath to my wife Comfort, the same share and rights in all my property as she would now be entitled to by law, had I died intestate.
Item.- I give and bequeath to my several children, viz: Ann
Eliza Clow, Caspar Clow, Barrent Clow, Rosetta Van Loan, Adamer Adams, Rachael
Ann Clow, Richard Clow, Anna Maria Clow, Mary Catherine Clow, John Clow,
Coenradt Aaron Flaak Clow, Emeline Clow, and Julietta Clow, each the sum of five
hundred dollars, to be paid to each of them when he or she shall arrive at the
age of twenty one years, unless either of them, being married, should choose to
receive his or her share before he or she shall become of age; in which case it
may be paid, deducting the interest and discount, on their respective share,
from the time it is so received, until he or she would have become of age. And I
also will and direct that all of my younger children, in addition to the above
specified legacy, shall have their support, education and maintenance out of my
estate until they shall respectively arrive at the age of sixteen years; and in
case either of
them my children shall become sick or disabled, between
the ages of sixteen and twenty-one years, such child, (provided he or she be
unmarried, and has not received his or her share in advance,) shall have his or
her support and maintenance during such sickness and disability, until he or she
arrives at the age of Twenty-one years.
Item.-I also give and bequeath to my wife Comfort the use
of all my household furniture, to be inventoried at the time of my decease, but
left in her possession and control as long as she remains my widow. And I
further will and direct, that whenever it shall become necessary to sell any of
my real estate to pay my debts or the legacies herein specified, the first to be
sold shall be such detached pieces of land as I may own on the high hill or in
other places, and the westerly portion of the homestead farm, (commonly called
the Dexter lot) lying west of a certain stone wall running from Sager’s[?]
corner (so-called) to a point near, and westerly from my dwelling house and a
line continuing on in the same direction of said wall southerly down to the
road leaving all easterly of said wall and line, to be reserved
as the homestead farm. And I further direct and provide, that in paying the
aforesaid legacies of five hundred dollars to each of my children, all advances
which I have made or may hereafter make, and remains as a charge in notes or
book account, against either of my children, shall be deducted from his or her
share of five hundred dollars.
Item.- I give, devise and bequeath all the rest, residue, and remainder of my estate and effects, real and personal, not herein otherwise disposed of (after the payment of my debts, legacies and funeral charges,) to my said children above named, share and share alike, with the following directions and restrictions, to wit: all of said residue shall be invested in land and mortgage, and well secured. And each child shall receive the interest or income of his respective share annually, during his or her life, and the principal shall go to his or her heirs after their decease, but in case any one of my said children shall die leaving no heir, then the share of him or her shall go to the surviving children and their heirs – that is – it shall be added to the aforesaid residuary fund, and be disposed of in the same way.
And Lastly, I do hereby
appoint nominate and appoint
my said wife Comfort Clow, my son Caspar Clow, and my son-in-law William Van
Loan Executors of this my last Will and Testament, and do authorise and empower
them to sell and dispose of any of my real estate, if necessary for the purpose
of executing this my last Will, or may in their discretion retain the same
unsold as a substitute for the security aforesaid, applying the rest of the
same, instead of the interest of the avails thereof. And I do hereby revoke all
former Wills by me made.
In Witness Whereof, I have hereunto set my hand and seal, the fist day of June, one thousand eight hundred and forty-seven.
Richard (his X mark) Clow (legal signature)
(The words “and their heirs” being interlined.)
Signed, sealed, and declared by the testator Richard Clow, to be his last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses.
Alonzo Greene, Athens, Greene County, NY.
Henry Van Loon, Athens, Greene County, NY.
Whereas I, Richard Clow, of the town of Athens, in the County of Greene, and State of New York, have made and duly executed my last Will and Testament in writing, bearing date the first day of June, one thousand eight hundred and forty-seven. Now, I do hereby declare the present writing to be a Codicil to my said Will, and direct the same to be annexed thereto, and taken as part thereof.
Whereas in the residuem clause of my said Will I did give, devise and bequeath to my son Caspar an equal share in the rest, residue and remainder of my estate, both real and personal, with my other children therein named, subject to certain directions and restrictions in said Will contained. Now I do hereby revoke the said devise and bequest to the said Caspar of the estate in the residuem clause mentioned, and the residuem share so given to said Caspar, I give and devise and bequeath unto my two grandchildren, Richard Clow, (son of John Clow) and Richard Van Loan (son of William Van Loan,) share and share alike.
And in lieu of the said share hereby revoked, I give and bequeath to my said son Caspar the sum of five dollars. And I do hereby substitute and appoint Ebenezer Adams (my son-in-law) as one of my Executors, in the place of Caspar Clow named in my said Will.
In Testimony Whereof, I have hereunto set my hand and seal this twentieth day of May, one thousand eight hundred and fifty-three.
Richard )his X mark) Clow (legal signature)
Signed, sealed, and declared by the above named Richard Clow, to be a Codicil to his last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses.
Alonzo Greene, of Athens, Greene County, NY.
Henry Van Loon, Of Athens. Greene County, NY.