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The last will and Testament of Rufus Dodge of Winfield in the County of Herkimer, State of New York received from Bill Kuehnling |
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First. I commend my soul to God, who gave it, hoping and trusting in his mercy for pardon and acceptance, through the merits of our Lord and Saviour Jesus Christ. I direct my Executors herein after named, to pay all my just debts, and funeral expenses. Item - I give and bequeath unto my beloved wife Sally if she shall survive me, one equal third part of all my personal property after the payment of my just debts, and funeral expenses. Item - I devise and bequeath, unto my said wife Sally, the one equal third part of all my real estate wheresoever the same may be, to have and to hold, to her for and during her natural life - And my will is, that the above devises and bequests to my said wife Sally, are and shall be taken in staid of and in lieu of all right and claim of Dower, which she may have in any and every part of all my estate. Whereas I have heretofore freely and voluntarily given, and delivered in property; money, to my son Rufus Dodge one thousand dollars - to my son Saunders Dodge seven hundred dollars - to my son Caleb Dodge two hundred and fifty dollars, and to my son Gideon Dodge two hundred fifty dollars, to my Daughter Rebecca now the Wife of her unworthy husband Archibald Catlin, two hundred dollars, and to my Daughter Sally now the Wife of Isaac Johnson two hundred dollars, and my will is, that the aforesaid gifts shall not hereafter be considered as constituting any part of my estate, or the said donees held in any manner accountable for the same, and this solemn declaration is made, that no misunderstandings may hereafter arise, on that subject. Item. As to the rest and residue of all my estate, after satisfying the above devises, bequests, and charges, my will is, and I devise and bequeath unto my three sons, Abram Dodge, Daniel Dodge; William Dodge, each in sevralty, so much, and such share thereof as shall be of the value of two hundred and fifty dollars each share, to have and to hold to them in sevralty, and their heirs and assigns forever. Item. As to the rest and residue of all my estate after satisfying the above devises,bequests; charges my will is, and I devise; bequeath, to my son Rufus Dodge, his heirs, executors and administrators a share thereof which shall be of the value of four hundred and fifty dollars, on the trust; confidence; for the purpose, and to the intent following, that is to say, to have and to hold the same, and to permit my said daughter Rebecca, now the Wife of the said Archibald Catlin, to receive and take the rents and profits thereof during her coverture with the said Archibald Catlin, for her own sole and separate use, notwithstanding her said coverture, and without being in any wise subject or liable to the debts of the said Archibald Catlin, and in no wise subject to his intermeddling therewith, and her receipt alone from time to time, to be a sufficient discharge for the same - and on the decease of the said Archibald Catlin, or other dissolution of the said coverture, to convey the same to my said Daughter Rebecca and her heirs forever, at such time as she shall request the same: - but if my said Daughter Rebecca, shall die during her coverture with the said Archibald Catlin, then and in such event to convey the same to each person or persons as my said daughter Rebecca, during her life, shall by a writing, signed by her in the presence of three credible witnesses, they attesting the same, under their hands, have appointed, and in such manner and for such purposes; intents as she shall in such writing have directed and appointed, but if she shall have died without making such appointment, then to convey the same to such child or children of my said Daughter Rebecca, as shall survive her, to have and to hold, to them; their heirs forever in equal shares; and if at such the decease of my said Daughter Rebecca she shall not leave any child or children her surviving nor have made such appointment in writing as afore said, then to convey the same to such of her brothers and sister as shall be living and to their heirs in equal shares, he the said Rufus to be one, and to retain; hold his part; share thereof to him and his heirs, and in the mean time, to keep and preserve the same in good condition, and if he the said Rufus Dodge shall at any time or times, during the continuance of the trust aforesaid, deem it beneficial to convert the same or any part thereof into money, and my said Daughter Rebecca consenting thereunto in writing by her subscribed, he may sell dispose of and convey the same, to any purchaser or purchasers, and the proceeds thereof shall be and remain with him the said Rufus, subject to, and upon the same trust and confidence, purpose and intent, as is herein above expressed and declared; - but notwithstanding such trusts and intents as are above set forth, my will is, that my said Daughter Rebecca, shall and may at such time and times, as she shall in writing by her subscribed direct, take and receive all or any part of such trust estate, to and for her sole and separate support and maintenance. And of such rest and residue as last aforesaid my will is, and I devise and bequeath unto each of my sons Caleb Dodge, Gideon Dodge, Abram Dodge, Daniel Dodge, and William Dodge, and to my Daughter Sally the Wife of the said Isaac Johnson, a share thereof to each of them, which shall be of the value of four hundred and fifty dollars, to have and to hold, to each of them and to their heirs forever in sevralty. Item: As to the rest and residue of all my estate, after satisfying all the above devises, bequests and charges, my will is, and I devise and bequeath to my son Rufus Dodge, and his heirs, executors and administrators, on the same trust and confidence, and for the same purpose and intent, as is herein above in that behalf set forth; declared, for the sole use and benefit of my said Daughter Rebecca; to my sons Caleb Dodge, Gideon Dodge, Saunders Dodge, Abram Dodge, Daniel Dodge and William Dodge; my said Daughter Sally, the wife of the said Isaac Johnson, each of them a share thereof which shall be of the value of three hundred dollars, to have and to hold to each of them, and their heirs in sevralty forever. Finally. All, the rest and residue, and remainder of all my estate whatsoever, not herein-before effectually disposed of, my will is, and I devise and bequeath the same, and every part and parcel thereof to my said sons, Rufus Dodge, in his own right; use, Caleb Dodge, Gideon Dodge, Saunders Dodge, Abram Dodge, Daniel Dodge, and William Dodge; to my said Daughter Sally the Wife of the said Isaac Johnson, and to their heirs and assigns forever, and to my said son Rufus Dodge, and his heirs and executors and administrators, on the same trust confidence, and for the same purpose and intent, as is herein above in that behalf set-forth and declared, for the sole use and benefit of my said Daughter Rebecca, to be equally divided between them. I do hereby appoint my said sons Caleb Dodge, Saunders Dodge and Gideon Dodge, executors of this my last Will and Testament. Rufus Dodge Signed, Sealed, Published and declared, by the said Testator as, and for his last Will and Testament, in the presence of us who at his request, in his presence; in the presence of each other, subscribed our names as witnesses thereof. Peter Chase Jesse S Burgess William Burgess State of New York, Herkimer County, Surrogate Court Be it remembered that on the 18th day of June 1838 the above last will and testament of Rufus Dodge deceased was admitted to probate and duly found as will of personal property, and probate thereof was thereupon granted upon and by the oaths and evidence of Jesse S Burgess; William Burgess two of the subscribing witnesses though the other subscribing witness not residing in the County of Herkimer and upon such proof taken it appears that said will was duly executed that the testator at the time of executing the same was in all respects competent to bequeath personal property and not under restraint which will; proofs and examinations so taken have been duly recorded in the proper Book for that purpose provided in the Surrogates Office. In witness whereof I have hereunto set my hand and affixed my seal of office this 18th day of June 1838. Ch. S. Benton, Surogate |