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PROBATE FRANK W. STERRY
[ CITY OF NEW YORK, 1886]

 

Be it remembered that heretofore to wit on the twenty third day of March in the year one thousand eight hundred and eighty six John A Sterry designated as the Executor in the last Will and Testament of Frank W. Sterry late of the County of New York deceased appeared in open Court before Daniel G. Rollins Surrogate of the County of New York and made application to have the said lat Will and Testament which relates to both real and personal property proved. And on such application the Surrogate did ascertain by satisfactory evidence that said deceased died on the thirteenth day of March in the year one thousand eight hundred and eighty six leaving him surviving Annie B. Sterry his widow, Lillian P. Sterry, Malvina H. Sterry, Bessie B. Sterry three minor daughters and Imer T. Sterry a son a minor all residing in the City of New York.

And said Surrogate did thereupon issue a citation duly directed to said widow and next of kin requiring them to appear before the said Surrogate at his office in the City of New York on the second day of April then next to attend the probate of said Will and afterwards to wit on the said second day of April in the year one thousand eight hundred and eighty six satisfactory proof by affidavit was adduced and presented to said Surrogate of the service of said citation in the mode prescribed by law.

It being ascertained on the said day or before any proceedings were taken upon the probate of said Will that several of the parties cited were minors having no general Guardian residing in the State of New York Elliot Stanford was appointed a Special Guardian in due form of law to take care of their interests in the matter of proving said will by an order duly entered for that purpose by said Surrogate and said Special Guardian duly appeared.

Whereupon no opposition having been made to the probate of said will such proceedings were thereupon had afterwards that Surrogate took the proofs of said will as hereinafter set forth and upon this twelfth day of April in the year one thousand eight hundred and eighty six he adjudged said will to be a valid will of real and personal property and the proofs thereof to be sufficient which said last will and testament and proofs are as follows that is to say -

I Frank W. Sterry of the City of New York being of sound and disposing mind and memory do hereby make publish and declare my last Will and Testament as follows.

First I direct that all my just debts be paid by my Executors hereinafter named as soon after my death as convenient.

Second I give and bequeath to my beloved wife Annie B. Sterry all my household furniture pianos musical instruments personal jewelry silver and plated ware household belongings generally and personal clothing absolutely.

Third I give and bequeath the sum of one thousand dollars ($1000) to my sister Annette S. Park for her sole and separate use free from the control of any husband she may have.

Fourth I give and bequeath the sum of one thousand dollars ($1000) to my sister Carrie A. Sterry for her sole and separate use free from the control of any husband she may have.

Fifth I give and bequeath to my father Edward A Sterry the sum of two thousand dollars ($2000) for his use during his life the same upon his death unless he shall have theretofore consumed it to go my sisters Annette S. Park and Carrie A. Sterry share and share alike or to the survivor if either be then dead and if neither of them be living at the time of my death or at the time of the death of my said father then said sum is upon the death of my said father to go and belong and be equally divided among my then surviving children and the issue of any that may then be dead leaving issue such issue to take the share their parent would have taken if living and if my said father survive me I direct that said sum be delivered to him without requiring from him any bond or security of any kind therefor.

Sixth All the rest residue and remainder of my property both real and personal and wheresoever situate I give devise and bequeath to George E. Sterry and John A. Sterry or whichever of them shall accept this trust and the survivor of them and their successors in trust nevertheless for the following uses and purposes that is to say -

First to convert the same into money with all reasonable speed

Second to set apart one third thereof and hold and invest the same for the benefit of my said wife paying her the net income thereof from time to time until my two youngest children living at the time of my death or the survivor of them shall arrive at the age of eighteen or die before attaining that age when I direct them to pay said share to my said wife but if my said wife shall not survive me or shall die before becoming entitled as above provided to the payment to her of said share then the same is to be disposed of in the same manner as is provided in regard to the balance or remaining two thirds thereof mentioned in the succeeding section of this clause. Provided however that such sum as my said wife may receive as the proceeds of any policy of insurance upon my life or of any accident insurance policy shall be estimated as part of my property mentioned in this clause of my will in calculating the amount of the one third share mentioned in this (second) section to be set apart for her benefit. I mean to say that if the amount so received as the proceeds of any such policies by my wife shall exceed the one third part of my said rest residue and remainder of my property and said proceeds of said policies are to be considered as full satisfaction for said share and in lieu thereof and in any event propants.

Third divide the remaining tow thirds or balance thereof into as many shares or equal parts as will equal the number of my children then surviving and the number of such of my children as may then have died leaving issue and to designate and set apart one of such shares for the benefit of each child of mine then surviving and to pay over the other shares to the issue of each child that may have died leaving issue such issue to take the share their parent would have taken if living.

Fourth as to the shares so designated and set apart for my surviving children I direct such trustees to hold and invest the same respectively for the benefit of such child until he or she shall arrive at the age of twenty one years when the same is to be paid over absolutely to him or her; but the income in the meantime of each of such shares until such child for whose benefit the same is held shall attain the age of eighteen years or die before attaining that age is to be paid over to my said wife if living for her use without restriction it being my intention however that my children shall until they at least attain the age eighteen years reside with and be supported by her and such income after said children respectively become eighteen years of age shall be paid over to them absolutely for their own use provided however that if any of my said surviving children shall die before attaining the age of twenty one years and without leaving issue then the share so designated and set apart for such child so dying shall go and belong to and be equally divided among his or her then surviving brothers and sisters and my said wife if then surviving each taking one equal share thereof but if said child so dying leave issue then such share is to go and belong to and be divided among such issue.

Seventh And I hereby further empower and authorize my executor hereinafter named or such trustees the survivor and survivors of them or such of them as shall qualify as Executors or accept such trusts as the case may be to sell and convey any or all of my real property and upon such terms as they may see fit and to give good and sufficient conveyances therefor and to convert the same into cash for the purpose of paying the legacies or bequests herein made or if carrying out any of the provisions of this my will.

Eighth Should my death occur when I am a member of the firm of Weaver & Sterry none of the legacies hereintofore given are to be paid until the end of said copartnership as provided by the agreement of copartnership but I direct that in the meantime said legatees (including my father) be paid interest at seven per cent upon the amount of said legacies respectively and also that my said wife be paid interest at the same rate upon an amount approximating as nearly as possible to the amount of the shares the income of which is directed to be paid to her above until such shares are ascertained and invested.

Such interest payments are to be made quarterly out of any funds in the hands of my Executors or Trustees and are to be calculated from the time of my death.

And I also direct my Executors or Trustees as the case may be to pay to my said wife until said shares are ascertained and invested such additional sum as they may deem proper out of the income from my estate.

Ninth I declare that the provisions herein made for the benefit of my said wife are intended to be in lieu and bar of dower and of any other interest she may have in my estate.

Tenth I hereby appoint John A Sterry, David D. Kirby and my said wife Annie B. Sterry executors of this my Will and direct that neither my said Executors nor said Trustees nor any of them be required to give any bonds or security as such.

Lastly I revoke all former wills by me at any time made.

In witness whereof I have hereunto subscribed my name and affixed my seal this thirteenth day of January in the year of our Lord one thousand and eight hundred and seventy nine.

Frank W Sterry

Subscribed sealed published and declared by said Testator as and for his last Will and Testament and in our presence who at the same time in his presence and at his request and in the presence of each other have hereto subscribed our names as witnesses.

Frederick H. Man 44 East 26th St N.Y. City
J Van Vechten Olcott 111 West 13th St N.Y. City

Surrogate Court
County of New York

[Frederick H Man signed a statement declaring he knew Frank W Sterry more than ten years before his death and signed his Will in his presence as a witness and saw J Van Vechten Olcott also sign as a witness. Frederick Man also stated he was a Counsellor at Law and drafted the Will and assisted with its Execution. Charles H. Beckett, Assistant to the Surrogate of New York City, also signed a statement that he was well acquainted with Frank W. Sterry and verified the Will. Richard H. Barker also verified the Will.]

It is ordered and decreed that the instrument offered for probate herein be and the same hereby is admitted to probate as the last Will and Testament of the said deceased valid to pass real and personal property and that Letters Testamentary be issued thereon to the Executors who may qualify thereunder.

And that said Elliot Sandford the Special Guardian appointed for the infant herein be and he hereby is allowed the sum of fifteen dollars as and for his costs herein.

Danl G Rollins, Surrogate