WILL: Henry Cadwell; Watertown, Jefferson co., NY
surname: Cadwell, Lyon

submitted by Kristin Grip (kgrip29 @ aol.com)
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CADWELL, Henry

Transcribed from SAMPUBCO photocopy by Kristin Grip

Jefferson Co NY Wills Vol. 11, page 298

Henry Cadwell Estate
Will

I, Henry Cadwell of Watertown, Jefferson County, State of New York, do make,
publish, and declare this my last will and testament in manner and form
following that is to say:

First. I do hereby make constitute and appoint William W. Reed of the city and
county of Erie, State of Pennsylvania, sole executor of this my last will and
testament.

Second. I hereby direct my executor out of my personal estate to pay all my
just debts.

Third. I hereby direct my said executor to pay all my funeral expenses and
request that my body be conveyed to and buried in the Cemetery at the city of
Erie beside the grave of my former wife - and that the expenses thereof and of
then accompanying my body there and of returning and all expenses included
thereto be included with and paid as a part of my funeral expenses.

Fourth. I hereby direct that all the expenses of settling my estate be next
paid out of the same.

Fifth. I hereby give, bequeath, and devise all the rest, residue, and
remainder of my estate both real and personal and of every kind, nature, and
description whatsoever and whensoever the same may be situated to William W.
Reed, my executor herein before named, to be held as trust by  (?) (?), to and
for the following uses and purposes, viz, (1) To have, need, and devise all
and any part of my real estate for such annual sum, annual or quarterly sum,
as he may be able to perceive and out of such rents to pay all taxes and
insurances (?), (?) (?) (?) (?) and all repairs therein and the balance of
such rents if any to be included and invested with my personal estate or
herein after directed and if sufficient rent for such purpose, then such
deficiency shall be paid out of my personal estate until the final
distribution of my estate as herein after provided. (2) To invest my personal
estate in good annual or semi-annual interest bearing securities from time to
time as may become necessary, and out of this income thereof to pay the
interest on the incumberance on my real estate and the principle of it shall
become (?). And if such income be insufficient then such payments be made out
of the principle of my said personal estate and then to continue until the
same shall be distributed or herein after provided. (3) To pay, assign,
transfer, convey, and deliver over all my said real estate and all my personal
estate and the accumulations thereof to my two children, Annie and Nellie,
equally share and share alike when the said Nellie shall arrive at the age of
twenty-one years, all which in such case I hereby give, bequeath, and devise
to them. (4) And in case either of my said children shall die before the said
Nellie shall arrive at the age of twenty one years, then to pay, assign,
transfer, convey, and deliver over to the survivor on her arriving at the age
of twenty one years all said real and personal estate and the accumulations
thereof as aforesaid all which as such (?) I hereby give, bequeath, and devise
to such survivor. (5) And in case both my said children shall die before
attaining the age of twenty one years or in case neither of them shall be (?)
to said estate under any of the foregoing provisions, then and in that such
case to pay to my wife Mary M. Cadwell the sum of six thousand dollars, out of
my personal estate, which (?) in such case I hereby give and bequeath to her,
her heirs and assigns. And to pay, assign, transfer, convey, and deliver over
all the rest, residue, and remainder of said estate both real and personal and
the accumulations thereof, to my grandchild Hannah C. Lyon and to her heirs
and assigns forever.

Sixth. Whereas I now hold an obligation against William W. Lyon dated January
28, 1867, on which it is provided that in case the title to the Empire Block
or the (?) of the sale of the New Empire Block (so called) in the city of Erie
aforesaid shall (?) in the said William W. Lyon by reason of the death of the
said Harriet C. Lyon, then the said William W. Lyon shall convey and set over
to me or my heirs all his right title and interest in and to the same except
as in such obligation stated and to which obligation for the particular terms 
thereof referenced in (?), now therefore in case the title to said Empire
Block is to the proceeds thereof shall (?) in the said William W. Lyon and he
shall become liable to convey said Empire Block or pay over the percent
thereof to insurance of said obligation.  Then I give bequeath and devise unto
the said William W. Lyon and to his heirs and assigns the sum of [ten or two]
thousand dollars to be paid out of the percent of the sale of said Empire
Block to be made by him which sale I hereby authorize; any thing at said
obligation (?) to the contrary not withstanding and I do hereby release him
from the payment of the said sum of [ten or two] thousand out of such proceeds
after said obligation, the balance of said proceeds to be paid as on said
obligation.

Lastly. I hereby revoke every and all former wills and wills by me made.

In witness whereof I have hereunto set my hand and seal, 7th day of February
1867.

Henry Cadwell  [L.S.]


Signed sealed published and declared by the said Henry Cadwell, as and for his
last will and testament, in our presence, where at his request and in his
presence and in the presence of each other have hereto subscribed our names as
witnesses.
L.J. Donovin; Watertown NY
Kilborn H?


SURROGATE'S COURT
In the matter of Proving the Last will and Testament of Henry Cadwell,
Deceased., Jefferson County, ss.
Luther J. Donovin of Watertown in said County and Kilborn Hann? Of the town
(?) being first duly sworn, in open Court, upon their several corporeal oaths
each for himself doth depose and say that the are subscribing witnesses to the
last Will and Testament of Henry Cadwell late of the town of Watertown in the
County of Jefferson and State of New York deceased. And these deponents do
further say that the said Henry Cadwell deceased, did, in the presence of each
of these deponents, subscribe his name at the end of the instrument in
writing, which is (?) (?) shown to these deponents and which purports to be
the last Will and Testament of the said deceased, and which bears date on the
7th of February one thousand eight hundred and sixty-seven. That the said
deceased did at the time of subscribing his name to the said instrument as
aforesaid, declare the same to be his last Will and Testament: and these
deponents did thereupon subscribe their own respective names at the end of
said instrument as attesting witnesses to the execution thereof, each at the
request of the said deceased, and in his presence and in the presence of each
other: That the said deceased, at the time of so subscribing his name to said
instrument as aforesaid, and publishing said instrument as aforesaid, was
upwards of twenty one years of age, and a citizen of the United States, that
he appeared to be and deponents believe he was of sound mind, memory and
understanding, and not under any restraint and as deponents verily believe, in
all respects competent to devise real estate: that each of these deponents saw
the other sign his name to said instrument in the presence of the said
deceased.

Subscribed and sworn to April 17th 1867 before me D. W. Bennett, Surrogate
L.J. Donovin
Kilborn Hanna?

Jefferson County, ss.
It appearing upon the proofs duly taken in respect to the Last Will and
Testament of Henry Cadwell late of the town of Watertown in the County of
Jefferson and State of New York, deceased, that the said Will was duly
executed, and that the said Henry Cadwell at the time he executed the same,
was in all respects competent to devise real estate, and not under restraint,
the said last Will and Testament and the proofs and examinations are hereby
recorded, signed and certified by me, pursuant to the Revisions of the Revised
Statutes, this 17th day of April, A.D. 1867.
D.W. Bennett, Surrogate.