WILL: Lewis G. Rhodes; Marlborough, Ulster co., NY Surnames: Rhodes, Fowler, Wood, Purdy submitted by Tim Masloski (tsm @ goodhind.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed from SAMPUBCO copy by Timothy Masloski Ulster, NY Will Book Vol. V, page 389 At a Surrogate Court held in and for the County of Ulster at the Surrogate's Office in the City of Kingston on the 8th day of March 1880 Present Hon Alton B Parker Surrogate The Last Will and Testament of Lewis G. Rhodes was admitted to probate and proved as a Will of real and personal estate which together with the proofs in relation thereto are as follows: I, Lewis G. Rhodes of the town of Marlborough in the County of Ulster State of New York being of sound mind and memory, do make, ordain, publish and declare this to be my last Will and Testament, that is to say: First, after all my lawful debts are paid and discharged I give, devise and bequeath unto my beloved wife Mary Ann Rhodes the use and income of all my real and personal estate during the term of her natural life, if she shall not remarry then she is to have the use and income of my said Real and Personal estate to the time of such remarriage, subject however in both case to the bequest hereinafter made to my daughter Rachel Amelia Rhodes. Second - I give, devise and bequeath unto my beloved daughter Rachel Amelia Rhodes One red yearling heifer which she has raised. I also give her a home with her mother on the place and I further give and devise to her all the rest residue and remainder of all my Real and Personal estate after the death or remarriage of my said wife. Third In case my said wife Mary Ann Rhodes shall out live my said daughter Rachel Amelia Rhodes, then and in that case, after the death of my said wife, I give, devise and bequeath all the rest residue and remainder of all my real and personal estate to my nephew Zadoc Rhodes and my sisters Henrietta Fowler, Rachel Wood, and Loretta Purdy to be divided between them share and share alike. Fourth - In case my daughter Rachel Amelia shall die before my said wife then and in that case I direct my Executors hereinafter named to mortgage my said real estate to the amount of four hundred dollars immediately after the death of my said daughter and pay the same over to my said wife for her individual benefit it being to repay money I have heretofore had from my said wife. Fifth - I hereby authorize my Executors to sell all of my real estate situated on the north side of the Milton Turnpike road and to apply the proceeds derived from the sale of the same in payment of my debts. Likewise I make constitute and appoint Oliver P Keuh [?] and William H. Woolsey to be executors of this my last Will and Testament hereby revoking all former Wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the 17th day of June in the year of our Lord one thousand eight hundred and seventy nine. Lewis G. Rhodes (L.S.) The above instrument consisting of one sheet was at the date thereof subscribed by Lewis G. Rhodes in the presence of us and each of us, he at the time of making such subscription acknowledge that he made the same and declared the said instrument so subscribed by him to be his last Will and Testament. Whereupon we then and there at his request and in his presence and the presence of each other subscribed our names as witnesses thereto. C.W.Woolsey residing at Milton, N.Y. E.H. Thiell residing at Milton, N.Y. County of Ulster - Surrogates Court In the matter of proving the Last Will and Testament of Lewis G. Rhodes deceased Ulster Co. LS: C.W. Woolsey and E.H. Thiell being first duly sworn in open Court, on their oaths depose and say that they are subscribing witnesses to the Last Will and Testament of Lewis G. Rhodes late of the town of Marlborough in the County of Ulster deceased: and these deponents further say, that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which is now here shown these deponents, and which purports to be the last will and testament of the said deceased and which bears date the seventh [sic] day of June in the year one thousand eight hundred and seventy nine: that the said deceased did at the time of subscribing his name to the same instrument as aforesaid declare the same to be his last Will and Testament: that these deponents did thereupon subscribe their own names at the end of the said instrument as attesting witnesses to the execution thereof, at the request of the said deceased and in his presence and in the presence of each other and that the said deceased at the time of subscribing his name to the same instrument as aforesaid, was upwards of twenty one years of age, that he appeared to be of sound mind and memory, and was not under restraint to the knowledge and belief of these deponents. Subscribed & sworn before me | C.W. Woolsey this 8th day of March 1880 | E.H. Thiell Alton B. Parker Surrogate Recorded the preceding last Will and Testament of Lewis G. Rhodes, deceased, as a Will of real and personal estate which together with the proofs in relation thereto are now here signed and certified by me this 8th day of March 1880 Alton B. Parker Surrogate