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PROBATE LOUISA A STERRY
[LANSINGBURGH, NEW YORK, 1891]

 

The last Will and Testament and Codicil thereto of Louisa A Sterry late of the Village of Lansingburgh County of Rensselaer, deceased, together with the proofs thereof as a Will and Codicil thereto of real and personal estate. Recorded May 28 1891

Will
The last Will and Testament of Louisa A Sterry of Lansingburgh in the County of Rensselaer and State of New York I Louisa A Sterry make this my last will and testament as follows:

First: I give devise and bequeath the use of all my real estate and the use of or interest and income arising from all my personal property to my beloved husband Seneca E Sterry during his natural life should he survive me.
Second: After the death of my said husband I give and bequeath all my personal property and effects to my three daughters : to wit: Mary L. Smith, Maria A. Lyon and Emily H. Williams their heirs and assigns to be divided between them equally share and share alike
Third: After the death of my said husband I authorize and direct my executor herein after named to sell my real estate and out of the proceeds arising from such sale first pay the commissions and expenses of settling my estate and then divide the balance of said proceeds into five equal parts or fifths, And I give and bequeath one of said fifths to my son William D. Sterry his heirs and assigns; one of said fifths to my son Chauncey A Sterry his heirs and assigns: one of said fifths to my daughter Maria A Lyon her heirs and assigns; one of said fifths to my daughter Emily H. Williams her heirs and assigns. And the other one fifth I give and bequeath to my executor hereinafter named in trust to keep invested in such manner as to him may seem best and the interest and income arising therefrom to pay annually to my said daughter Mary L Smith for her support and maintenance during her natural life and in case my said daughter Mary L Smith shall at any time need more than said interest and income for her support I hereby direct my executor to pay to her or for her support the principal of said last mentioned one fifth or such part thereof as my said executor may decide to be necessary for her support and maintenance. And after her death, I give devise and bequeath the balance of the principal of said remaining one fifth part to the heirs of my said daughter Mary L. Smith.
Lastly: I appoint my brother in law William Bradshaw of Lansingburgh aforesaid executor of this my last will revoking my former will by me made.
In witness whereof I have signed and sealed published and declared this instrument as my will at Lansingburgh N.Y. this 28th day of December A.D. 1875
Louisa A Sterry L.L.

The said Louisa A Sterry at Lansingburgh aforesaid on said 28th day of December signed and sealed this instrument and published and declared the same as and for her last will and we, at her request, and in her presence and in the presence of each other, have hereunto written our names as subscribing witnesses.
Eugene Hyatt, Lansingburgh Rens. Co, N.Y.
E. Amelia Hyatt, Lansingburgh Rens. Co, N.Y.

Codicil

I Louisa A Sterry of Lansingburgh N.Y. make this codicil to my will hereto annexed, bearing date the 28th day of December 1875 as follows:

First: I direct my executrix hereinafter named to put up at my grave stones like those now at the grave of my deceased husband who has died since the making of my said will and to also secure perpetual care of my lot in Oakwood Cemetery and pay from the proceeds of the real estate whereof I may die seized whatever sum may be required for those purposes.
Second: I give and bequeath unto my sister Levina Barton the sum of two hundred dollars and to my son William D Sterry the sum of two hundred dollars.
Third: I hereby change the third paragraph of my said will so as to read as follows: to wit: I authorize and direct my executrix hereinafter named to sell and covey the real estate of which I may die seized and possessed and after paying out of the proceeds thereof, my funeral charges and the requests in this codicil given and the commissions and expenses of settling my estate allowable by law, which I hereby direct shall be paid out of the proceeds arising from the sale of my real estate, divide the balance into four equal parts. I hereby giving one of the said parts to my son Chauncey A Sterry, one thereof to my daughter Maria A Lyon, one thereof to my daughter Mary L. Smith and one thereof to my said daughter Emily H. Williams or to their respective heirs forever.
Lastly: In the place and stead of William Bradshaw, named in my said will as executor, he being now dead, I hereby appoint my said daughter Emily H. Williams sole executrix of my said will.

In witness whereof I have signed and sealed this instrument at Lansingburgh N.Y. this 3d day of November A.D. 1887.
Louisa A Sterry L.L.

The said Louisa A Sterry on this 3d day of November 1887 at Lansingburgh N.Y. subscribed her name to the above written instrument in our presence and at the same time she declared the same to be a codicil to her last will and testament and requested us to sign our name as witnesses which we do in her presence and in the presence of each other.
Eugene Hyatt, Lansingburgh Rensselaer Co, N.Y.
Esther A. Hyatt, Lansingburgh Rensselaer Co, N.Y.

Surrogate Court
In the matter of Proving the Will and Testament of Louisa A Sterry, deceased, County of Rensselaer

Eugene Hyatt and Esther Amelia Hyatt of the village of Lansingburgh in the County of Rensselaer being sworn in open court doth depose and say and each for himself and herself says that he and she is a subscribing witness to the last will and testament of Louisa A Sterry late of Lansingburgh in the County of Rensselaer deceased and that the said Louisa A Sterry did, in the presence of these deponents, subscribe her name at the end of the instrument which is now shown exhibited to these deponents and which purports to be the last will and testament of the said Louisa A Sterry which bears date on the 28th day of December 1875. And that the said Louisa A Sterry did at the time of subscribing her name aforesaid declare the said instrument to be her last will and testament and these deponents did thereon subscribe their names at the end of the said will as attesting witnesses thereto, at the request of the said testatrix in her presence and in the presence of each other. And at the time when the said testatrix subscribed her name as aforesaid she was of sound mind and memory of full age to execute a will and was not under any restraint but competent in all respects to devise real estate.
Subscribed and sworn to this 28th day of May 1891 before me James Lansing, Surrogate. Eugene Hyatt, Esther A Hyatt.

... It is ordered adjudged and decreed that the said papers purporting to be the last Will and Testament and Codicil of Louisa A Sterry deceased is her last Will and Testament and Codicil and were duly executed to pass real and personal estate and that the same be admitted to probate as a Will and Codicil thereto of real and personal estate and recorded as such with proofs taken as aforesaid.
Witness: Hon James Lansing, Surrogate and the seal of the Court, the day and year first above written. James Lansing, Surrogate.
County of Rensselaer I James Lansing Surrogate of said county hereby certify the foregoing to be a true record of the last Will and Testament and Codicil thereto of Louisa A Sterry late of the Village of Lansingburgh in said County deceased together with the proofs thereof as a Will and Codicil of real and personal estate Recorded May 28th 1891
James Lansing, Surrogate