Last Will and Testament
Henry Frazee


Information on this page was obtained from Surrogate Court, Troy, Rensselaer Co., NY, will:86:347-350, file 172, and was submitted by Janet Derbyshire.

The last will & testament of Henry Frazee late of the town of North Greenbush in the county of Rensselaer deceased with the proofs thereof as a will of real and personal estate recorded November 1st 1876

In the name of God Amen I Henry Frazee of the town of North Greenbush County of Rensselaer & state of New York being ill and in rather feeble health & body but of sound & perfect mind & memory blessed be Almighty God for the same. Do make & publish this my Last Will & Testament & devise & dispose of my worldly estate in the manner & form as follows that is to say:

First, It is my will that all my just debts, funeral expenses & for a suitable monument to be erected at my grave in the burying ground near C. Sharpe's where my first wife lies & all the expenses of settling my estate first be paid out of my personal estate & the legacies I shall hereafter name to be paid to my daughters by my Executors who I shall hereafter name if my personal estate be sufficient to pay the same & if there is no sufficient personal estate to settle & pay as aforesaid then l authorize & empower my said Executors to mortgage or sell all or any part of my real estate & make good & sufficient titles thereof as they shall think for the best interest of my estate.

Item, I give & devise unto my beloved wife Mary all my real estate which I shall be possessed of at my decease except so much as is necessary to sell or mortgage to pay the expenses & legacies aforesaid. My said wife to have right to hold the said real estate during her natural life she being responsible to keep the buildings in good repair & pay the taxes & ground rent & so much of the interest as may be due on the mortgages that may be on the premises at my decease. My wife to rent out all or part of the buildings & receive the rent therefore during her natural life or as long as my wife has possession of the real estate & I also give & devise to my said wife for her use during her natural life or as long as she may wish to remain on or in my homestead premises or in any house that may belong to my estate after my dlecease & after my wife removal from the premises she shall leave all household furniture & articles on the premises to be sold for the benefit of my estate to be equally divided between my daughters or their heirs. The following articles is set apart for her use during my wife's lifetime or so long as she remains on my premises as before mentioned viz: one dining table & ends, six chairs, one rocker, two stoves, pipes & fixtures, all the furni ture, carpets, stove, bed, bedstead, bedding, pillows, bolster, pillow cases, sheets, quilts, wrc. that is in the upper parlor & bedroom not including any article in the schedule of my said wife's individual property & such bedding & table furniture as she may select to retain for her use (not including her individual property see schedule held by her).

Item 2nd, I give & devise unto my four daughters To Ann M. now wife of John Haner, to Julia, to Catherine K. wife of George Benton, to Emma now widow of J. V. A. Defreest each the sum of thirty dollars to be paid in two years after my decease and also each to have one fourth of my household goods & chattels to be sold after my wife's decease or whenever my wife shall leave my premises & give up the property & I enjoin on my said wife to keep the said property in her care & suffer not waste or injury to be done to said articles while in her possession except the natural wear or effects of the elements.

Item 3rd, I give & devise to John Haner all my clothing, wearing apparel that I may leave at my decease to be delivered to him as soon as my Executors shall prove my will.

Item 4th, I give & devise unto my four sons Wm. Oliver, Peter H., Charles D. & John N. Frazee or their heirs all the residue of my real & personal estate remainder after my wife 's decease to be equally divided between them my said sons & enjoin on my said sons to see that the legacies & expenses before mentioned be fully paid & satisfied and it is my will that if any of my said sons or daughters die without heir or heirs that the legacy devised to him her or them that said legacy shall he equally divided between my surviving sons & daughters.

Lastly I do hereby appoint & constitute my beloved wife Mary Executrix & son Peter H. Frazee & my trusty friend Columbus Sharpe Executors in and to this my last will and testament revoking & disannulling all formner wills by me made satisfying this and no other to be my last Will & Testament and I enjoin on my said Executors to carry out all the provisions before mentioned, pay the specific legacies & keep the buildings in good repair painted & amply ensured as I have heretofore done. Mortgage or sell any or all as may be in their judgment for the best Interest of my estate or buy out my wife's interest at any time when their terms can be agreed on.

In witness whereof I Henry Frazee have hereunto set my hand and seal this fifteenth day of November one thousand eight hundred & sixty seven 1867.

Henry Frazee LS

The above instrument consisting of one sheet was at the (late hereof signed sealed & published and declared by the above named Henry Frazee as and for his last Will and Testament in presence of us who at his request and in his presence & in the presence of each other have subscribed our names as witmiesses thereto.

Maria Derby, John B. Marble, John P. Uline, all of North Greenbush, Rensselaer Co., NY.



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