WILL OF RUSSEL WILLIAM STEWART (Died: 2 Jun 1857)

 

In the name of God Amen!

 

On this twelfth day of November in the year of our Lord one

thousand eight hundred and fifty six I Russel Stewart of the

town of Pitcher in the county of Chenango and State of New

York being mindful of my mortality and the uncertainty of

this life do make and declare this my last will and testament

In manner following:

 

First     After my just debts and funeral expenses are paid, I

give and bequeath my real and personal estate as follows,

 

     To my beloved wife Caroline, the whole of that part of

my estate situate in Pitcher, aforesaid containing about

five acres of land and where we now live together with the

buildings thereon the same to be hers for her use and support

during her natural life --- but after the decease of my wife my

request is that my executors who are hereby authorized to sell

the same and the avails thereof be equally divided between

my grandchildren share and share alike, but the share going

to my granddaughter Esther Corning is not to exceed  the

sum of one hundred dollars.

     I also give to my wife Caroline all my household furniture

of every kind to dispose of as she may see fit and proper.

     I also give to my wife Caroline the use of my stock and the

income of all bonds and notes and mortgages that I shall own

at the time of my decease which shall be for her use support

and maintenance during her natural life but the interest on the

mortgage which I hold against my son William R Stewart shall

be at the rate of  five percent and no more.

     I do further direct that out of the principal due me on the

mortgage against William R Stewart there shall be paid to my

daughter Caroline, wife of Levi Warner the sum of one

hundred dollars ---(my daughter Betsey wife of Lester Tinker

has already received her share in a deed of a piece of land).

     To my daughter Harriet, wife of James Blanchard the sum

of one hundred dollars out said mortgage---to my daughter

Amanda Willmarth wife of  James Willmarth  the sum of two

hundred dollars out of said mortgage.  To my grandson Russel

Stewart a son of William R Stewart the sum of one hundred

dollars out of said mortgage when he shall attain the age of

twenty one.

     But in case there shall not be a sufficient amount due on

the principal of said mortgage to pay the above sum of

five hundred dollars then so much of my personal estate

or other property shall be sold to make out the amount of the

legacy as above stated.

     My request is that out of the remainder of my personal

rstate my executors are requested after the funeral expenses

of myself and wife are paid to procure for each of us a suitable

set of gravestones as a token of respect and remembrance of

their deceased parents.

     Lastly----whatever shall remain of my personal estate after

the decease of my wife and all the legacies paid and satisfied

and all expenses paid and discharged the same shall be

divided or sold in the discretion of my executors and delivered

or paid over to my grandchildren each to receive share and

share alike.

     I do hereby constitute and appoint my wife Caroline Execu-

trix and my son William R Stewart Executor of this my last

will and testament.

 

                                              Russel Stewart  {LS}

 

The above instrument of one sheet was now hereby sub-

scribed by the testator Russel Stewart 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 sign our names

hereto as attesting witnesses.

 

Solomon Ensign Jr Pitcher

George Ensign  Pitcher

--------------------------------------------------------

 

Russel William Stewart born  4-17-1783 Stonington CT   died 6-2-1857 Pitcher, NY

Father to William Russel Stewart

Father of Russel Willam Stewart born 1-26-1849 Pitcher NY  died 8-25-1918 Holley NY

Father of Elsie Ann Stewart Ryan born 4-2-1890  Holley NY  died 1-16-1966  Wethersfield CT

Elsie is my grandmother

 

Submitted by: Colleen Ryan Basile 25 Apr 2008