Home - Trees - UK - Australia - USA - Canada - Other - Photos - Biographies - Origins - Distribution - Site Policy - Site Map - Contact

PROBATE GEORGE E. STERRY
[MANHATTAN, CITY OF NEW YORK, 1909]

 

In the matter of proving the last Will and Testament of George E. Sterry, deceased, as a will of real & personal property

A petition having been duly filed herein by Mildred E Sterry on the 3rd day of August 1909 praying that a citation issue to William De Witt Sterry, James W. Sterry and John De Witt Sterry to attend the probate of the last Will and Testament of George E Sterry, deceased, bearing date the 19th day of January, 1906, and that the same may be proved as a will of real and personal property, and that Letters of Testamentary may be issued thereon to the executors who may qualify thereunder and a copy of the said last Will and Testament having been filed therewith, and the citation herein having been duly issued, served and returned, and a subpoena duces tecum having been duly issued requiring the production of the said last Will and Testament of said George E Sterry, deceased, in this Court on the 24th day of August, 1909, the return day of the said citation, and the said subpoena duces tecum having been duly served, and the said Will produced pursuant thereto, and a subpoena having been duly issued herein and served upon the witnesses to the said Will, and the said witnesses having duly attended on the return day of the said citation, and the allegations of the parties appearing having been heard, and the proofs having been duly taken by the Surrogate, among other things as to the execution of the said instrument, bearing date the 19th day of January, 1906, and the probate of the said Will not having been contested, and it appearing to the Surrogate that the said Will was duly executed and that the testator at the time of executing it was in all respects competent to make a Will, and not under restraint; and the said Mildred E Sterry having duly appeared herein by George W. Simpson, her attorney, in support of the said petition filed by her, and William De Witt Sterry and James W. Sterry having duly appeared herein by Messrs Man & Man their attorney, and filed and answer to the said petition and John De Witt Sterry, having duly appeared herein by Ellery A. Man, Esq., his attorney, and filed an answer to the said petition, which said answers admit that the paper described in the petition is the last Will and Testament of said George E. Sterry, deceased.

Now, on motion of George W Simpson’s attorney for Mildred E Sterry, the petitioner herein:

It is ordered, adjudged 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.
John P Cohalan, Surrogate

Frederick H. Man of Borough of Manhattan, City of New York, having been duly sworn as a witness in the above entitled matter, and examined on behalf of the applicant to prove said will says I was acquainted with George E Sterry now deceased.

The subscription of the name of said decedent to the instrument now shown to me and offered for probate as his last will and testament and bearing date the nineteenth day of January in the year one thousand nine hundred and six, in the presence of myself and Robert Martin the other subscribing witness.

At the time of such subscription the said deceased declared the said instrument so subscribed by him to be his last will and testament; and I thereupon signed my name as a witness at the end of said instrument, at the request of said decedents and in his presence.

The said decedent at the time of so executing said instrument was upwards of the age of twenty-one years and in my opinion of sound mind, memory and understanding, not under any restraint or in any respect incompetent to make a will.

I also saw said Robert Martin, the other subscribing witness, sign his name as witness at the end of said will, and know that he did so at the request and in the presence of said decedent.

I knew the decedent for more than ten years before the execution of said instrument.
Frederick H. Man

[Robert Martin signed a similar statement.]

I George E Sterry of the Borough of Manhattan, City and State of New York, being of sound mind, memory and understanding, do hereby make, publish and declare my last Will and Testament as follows –

First – I direct that all my just debts and funeral expenses be paid as soon as may be after my decease.
Second – I appoint my sons William De Witt Sterry, James W. Sterry and Wallace Maclay Sterry, the executors of and the trustees under this my last Will and Testament and I direct that they be not required to give security as such to any Court, Surrogate or judicial officer, and I authorize and empower them, or such of them as shall qualify to sell any or all of the real estate belonging to me or to which I may be entitled at such time and on such terms as to price and credit as they may deem best, and I also empower them to divide said real estate or any part thereof for the purpose of apportioning it between those entitled to the same or its proceeds under this my will; but I hereby limit the entire compensation of my Executors both as such and as trustees to one per cent of the value of my estate.
Third – I authorize and empower the Executors of and Trustees under this my will to maintain for one year after my death the home occupied by me immediately theretofore at an expense not exceeding five thousand dollars exclusive of taxes, assessments, water rates, insurance, repairs and interest on mortgage if any there be, and as near as may be in respect of supplies of food, fuel &c and employment of servants &c as the same had been maintained by me, for the benefit of such of my sons John , James and Wallace as may desire to occupy the same.
Fourth – I give to my said Executors and Trustees twelve thousand dollars ($12,000) par value of stock or bonds of the City of New York bearing three and one half per cent annual interest and free from taxation for local purposes (which they are to purchase if the same be bot found in my possession) in trust to collect the income therefrom, and to pay thereout quarter by the sum of fifty dollars ($50) to each of my sisters, Mrs Annie R. Park and Miss Carrie A. Sterry of Norwich Town, Connecticut during their natural lives, and on the death of either of them to pay thereout quarterly the sum of one hundred dollars ($100) to the survivor during her natural life; at the death of the survivor of my said two sisters, the said City stock or bonds are to become part of my residuary estate and are to be disposed of accordingly.

I direct that the above mentioned payments to my said sisters shall commence within three months after my death.

Fifth – My son Wallace Maclay Sterry having no fixed income may draw from my estate during the first year after my death not exceeding eighteen hundred dollars in all in monthly instalments not exceeding one hundred and fifty dollars ($150) the amount thus drawn to be paid to him by my said Executors and Trustees and to be charged against his portion of my estate, and thereafter a fair proportion of the income from my estate is to be divided quarterly, semi-annually or annually, as each of my sons surviving me may desire.
Sixth – I direct that my Executors be allowed five years from my death in which to settle my estate.
Seventh – I direct that all notes or accounts owing to me or to “Weaver & Sterry Limited” by any of my sons whether due at the time of my death or maturing or becoming payable thereafter, be paid or adjusted on the final settlement of my estate.
Eighth – I give and bequeath to my executors or such of them as shall qualify, three thousand nine hundred and seventy five shares of the capital stock of “Weaver & Sterry Limited” to be held by them during the life of the longest liver of my two youngest sons living at the time of my death, but not longer than five years from the time of my death if either of my said last mentioned two sons should survive me longer than five years, intrust nevertheless to hold and manage the same and collect and receive the income therefrom, and I direct that in all matters pertaining to the business of said corporation, they shall note the said stock with the majority of the other stock of said corporation and as requested by the holders of a majority of the said other stock including any one or more of said Executors holding any of said other stock not constituting part of the said three thousand and nine hundred and seventy five shares. And upon the determination of said trust at the expiration of said five years, or upon the death of the longest liver of my said two youngest sons surviving me if such death shall occur before the expiration of said five years, the said shares of stock so held in trust shall be divided among my sons then living in equal shares. But anything herein contained to the contrary notwithstanding.

I direct that if at any time during said period the business conducted by said corporation shall be sold with the unanimous consent of my sons then living, the said three thousand nine hundred and seventy five shares of stock shall at once be divided among my sons in equal shares in order to complete the sale.

Ninth – I direct that all existing contracts pertaining to said other twenty five shares of the stock of “Weaver & Sterry Limited” shall be cancelled at the time of the division of said three thousand nine hundred and seventy five shares herein directed.
Tenth – I give, devise and bequeath to such of my five sons, William De Witt Sterry, George E Sterry, Jr, James W Sterry, John De Witt Sterry and Wallace Maclay Sterry, as shall survive me, all of the rest, residue and remainder of my estate and property, both real and personal, of whatsoever nature and wheresoever situated, including all property of which I have any power of disposition, to be equally divided between them share and share alike.

Lastly – I revoke all other and former wills by me made.

In witness whereof I have hereunto subscribed my name and affixed my seal this 19th day of January in the year one thousand and nine hundred and six.
Geo E Sterry

Signed, sealed, published and declared by the said testator on the day of its date as and his last Will and Testament in our presence, who at the same time, in his presence and in the presence of each other, have at his request hereunto subscribed our names as attesting witnesses.
Frederick H Man, 200 West 70th St N.Y. City
Robert Martin, 69 West 102nd St N.Y. City