Glynn County GaArchives Wills.....Eldredge, Edward H. 1865 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Amy Hedrick http://www.genrecords.net/emailregistry/vols/00013.html#0003209 June 4, 2005, 4:46 pm Source: Will Book Written: 1865 Will Book G pgs. 393-402 I Joseph H. Tyler Register of the Probate Court of said County of Middlesex having by law the custody of the seal and the records books documents and papers of or appertaining to said court hereby certify that papers hereto annexed to be true copies of papers appertaining to said court and on file and of record in the office of said court. In witness whereof I have hereunto set my hand and the seal of said County this twenty fourth day of March in the year of our Lord one thousand eight hundred and sixty nine. Joseph H. Tyler, Register I Edward H. Eldredge of Boston in the County of Suffolk and Commonwealth of Massachusetts, merchant being in good health and devising to arrange my affairs with reference to my death while I can do so with proper deliberation make publish and declare this my last will and testament. First--I appoint my wife Mrs. Elizabeth Trull Eldredge and Charles W. Storey of said Boston, counselor at law to be the executors of this my will. Second--I appoint my said wife, the said Storey and John T. Heard of said Boston, merchant to be the guardians of my son Rolfe Eldredge. Thirdly--I give devise and bequeath all the estate real or personal or of whatsoever description which may be mine at the period of my death to my said wife, the said Storey and the said Heard to have and to hold the same to them as joint tenants and not as tenants in common and to the survivors of them to the use of them respectively and of such person or persons as may hereafter be appointed by proper authority to succeed them or either of them forever in trust neverless for the uses and purposes with the [illegible word] subject to the condition and limitations hereinafter set forth, that is to say. First, to pay to my mother an annuity of three hundred dollars each year during her life in equal quarterly payments the first of which shall be made at the expiration of three months from the day of my death and all subsequent provisions of this my will are to be so construed with reference to this provision. Secondly, to apply such portion of the income there of as they may from time to time see fit to the proper and liberal education and maintenance of my said son until he shall reach the age of twenty five years and then to convey transfer and pay over the whole of said estate and all accretions[?] thereof then in their hands to him the said Rolfe to the use of him and his heirs forever provided that if in their judgment it will be best for his interest to convey, transfer and pay over the same or any portion or portions thereof at any earlier time or times after he shall have reached the age of twenty one years, they may do so. Thirdly, if my son shall die before reaching the age of twenty five years, leaving a widow and child or children, then to pay over one half of said income to his widow and devote such portion of what shall not be paid to said widow as they may from time to time see fit to the handsome maintenance and liberal education of such child or children until such child or the youngest of such children shall have arrived at the age of twenty one years and then to convey distribute transfer and pay over the whole of said estate and all accretions[?] thereof in equal shares to the survivors of the said widow and said child or children, share and share alike to their own sole use forever and that of their respective heirs. Provided that if any such child shall have died leaving issue such issue shall take by representation the share which its parents would have taken if one of said survivors and provided also that if after his arrival at the age of twenty one years my said son shall die leaving a widow or issue and a last will and testament duly executed the said estate and accretions[?] or any part thereof to which such will may refer shall be disposed of as shall be directed in and by his said will. Fourthly, if my son shall die without issue and leaving no widow then to pay over the whole net income aforesaid to my said wife during her life to her own sole and separate use and after her death to convey, distribute, transfer and pay over the whole remainder of said estate in equal portions to my brothers Frank O. Eldredge, Charles W. Eldredge, and George Eldredge and my sister Hannah M. Greene, Maria McClellan, and Elizabeth Bangs or to each of them as may then be living, to have and to hold the same to them and their respective heirs (meaning herein to exclude the issue of such as may then have deceased) to their sole and separate use respectively forever and free from intervention or control of the husbands of my sisters. (I consider my brother James L. Eldredge and my sister Emily ? Storey sufficiently affluent already.) And whereas my wife has made and executed a certain last will and testament whereby the mansion house estate numbered five (5) in Hancock Avenue in said Boston is made subject to my disposal in certain modes therein set forth. Now it is my will in regards to that estate so far as the same may be subject to my disposal that if my son Rolfe shall die before that estate shall have vested in him under the provisions of her said will, then in that case my executors and trustees shall convey the same to the President and Fellows of Harvard College a corporation established by law at Cambridge to have and to hold the same to the said Corporation and its successors forever in trust to hold the same or the proceeds of the sale thereof as a fund to be called The Trull Scholarship Funds and to dispose of the net annual income thereof as follows that is to say to devote as much thereof as the Faculty of said College for the time being may from time to time direct, to the comfortable and respectable maintenance, as under graduates of said College or such two young me as said Faculty may from time to time appoint and to hold and invest any surplus of said income as a part of said fund and when, as often as said fund shall have been so far increased as to furnish from its net annual income the means of giving a comfortable & respectable maintenance to another young man, or under graduate of said College, them to devote as much of said income as said Faculty shall direct to such maintenance as aforesaid of such additional young man as may be appointed as before provided. It is my wish that the young men so appointed shall be recommended to the said Faculty by upright and generous character and decided intellectual ability and that no one be appointed whose parents are pecuniarily able to give him a liberal education or whose near relatives are wealthy and the said Faculty may revoke any such appointment at their discretion. With respect to the investment of said Fund and the accretions thereof it is my desire that the same be as far as may be, invested in real estate in Boston. I desire that no bonds be required of my wife or said Storey, or said Heard for the discharge of their trust in any capacity under this my will. And it is my will that all the persons which I have given or hereinafter give to my said wife said Storey and said Heard in any capacity in this my will may be exercised in that capacity by any one or two of them in case of the deaths, absence at a distance of more than a thousand miles from Boston, declension or incapacity to act of the other or others and that in case of any doubt arising as to the true intent and meaning of any provision of this my will, any reasonable construction thereof which may be practically adopted by them or either one or two of them acting without the other or others as before provided shall be final conclusive and binding upon all parties. And I authorize said Trustees as named as aforesaid, having reference as every where in this my will to the case before adverted to, of one or two of them acting as before provided without the other or others, and I also authorize any Trustee or [illegible word] Trustee to be hereafter appointed under this my will at any time and as often as they or he may see fit to change the investment of any portion of my said estate and said accretions from real to personal estate or from personal to estate [sic] as fully and thoroughly as I could do the same myself were I alive and as that any purchaser of the same, or any part thereof, or of any substituted estate or property shall be in no degree responsible for the application of any purchase money or other consideration paying to them from such purchasers in the course of any transaction with reference thereto. And my said Trustees, so specified by name as aforesaid in whatever capacity acting under this my will, are hereby authorized to deduct from such sums of money as may come to their hands by virtue hereof, all the reasonable expenses, charges, and commissions as well for their own care and trouble in and about the said trusts as on their accounts and each and every of them shall be chargeable only for and with such property as shall actually come to his hands or be actually disposed of by him by virtue hereof and shall be responsible to any and all persons claiming under me or this my will, only for willful misconduct or gross negligence. Desiring in this behalf to leave any trustees to be appointed after the last survivor of the trustees so named to their ordinary responsibility under the law. In testimony whereof I have hereunto set my hand & seal this twenty second day of April in the year of our Lord eighteen hundred & fifty nine. E.H. Eldredge {seal} Signed sealed published and declared by the aforenamed testator Edward H. Eldredge as for his last will and testament in presence of us, who in his presence, and in the presence of each other, & at his request, have here subscribed our names as witnesses hereunto. R. Rogerson, Jr. L.H. Briggs Miles Washburn -------------------------------------- I Edward H. Eldredge, of Boston in the County of Suffolk and Commonwealth of Massachusetts, merchant make publish and declare this as a codicil to be added to and considered as a part of my last will and testament made and dated April the twenty second in the year eighteen hundred & fifty nine and written on three sheets of paper. I hereby republish and confirm the said will subject to the provisions of this codicil. I hereby revoke the gift, devise and bequest in said will given devised and bequeathed to John S.[?] Heard as one of the Trustees in said will mentioned and to his heirs and assigns and I give devise and bequeath all that in and by said will is given and bequeathed to the said Heard and his heirs and assigns to my friend William W. Greenough and his heirs and assigns to have and to hold the same to him and them jointly with my wife and Charles W. Storey in said will mentioned and their respective heirs and assigns in trust as in said will set forth, it being my will that the said Greenough shall to all intents and purposes take the place which I assigned to the said Heard in my said will. I also revoke the appointment which in said will I made of the said Heard as one of the guardians of my son Rolfe Eldredge and I appoint in his place and stead the said William W. Greenough devising that no bond be required of him in any capacity under said will or under this codicil. I give and bequeath to my friend Thomas Starr King the sum of five hundred dollars as a mark of my respect and esteem for his character and if he shall not survive me I give and bequeath the same sum to his wife if she shall survive me. I give and bequeath to my sister Hannah W. Green if she survives me the sum of five hundred dollars and to my niece Elise H. Welch if she survives me the sum of five hundred dollars. I give and bequeath to my wife Elizabeth T. Eldredge if she survives me all the furniture plate books and pictures that may belong to me at the time of my decease and it is my wish and will that no inventory specification or appraisement of the same be required. In testimony whereof I hereunto set my hand and seal and publish and declare this to be a codicil to my last will and testament in the presence of the witness hereunder attesting the same this ninth day of August in the year Eighteen hundred & sixty. E.H. Eldredge {seal} Signed sealed published & declared by the aforementioned Edward H. Eldredge as and for a codicil to his last will and testament in the presence of us the subscribers who in his presence and at his request and in the presence of each other have here subscribed our names as witnesses hereto. William A. Brigham L.H. Briggs R. Rogerson, Jr. -------------------------------------- I Edward H. Eldredge of Newton in the County of Middlesex and Commonwealth of Massachusetts, merchant (formerly of Boston in the County of Suffolk and said Commonwealth) make publish and declare the following as a second codicil to my last will and testament which said will bears date the twenty second day of April A.D. 1857 and is attested by R. Rogerson, Jr., L.H. Briggs, and Miles Washburn and the first codicil whereto (and which is annexed to it) bears the date the ninth day of August A.D. 1860 and is attested by William A. Brigham, L.H. Briggs, and R. Rogerson, Jr. Mr. Rogerson having lost his father by death is now called Robert Rogerson. And I hereby republish and confirm the said will and the said first codicil subject to the provisions of the second codicil. First--Desiring to relieve my wife from what I know would be a source of considerable care and annoyance to her and at the same time to testify my confidence in my friend Robert Rogerson of said Boston who has been my confidential clerk for many years, and is thoroughly conversant with my affairs. I revoke that portion of my said will by which I appoint my wife a one of the executors thereof and I appoint the said Rogerson to be one of the executors thereof in her stead, and it is my will that no bond be required of him in that capacity. I do not wish to alter those parts of said will by which my wife is appointed a trustee and a guardian. And I do give and bequeath to the said Rogerson in consideration of his services as such executor if he shall accept the trust the sum of Twelve hundred dollars. And I do also give and bequeath to the said Rogerson as a token of my high respect for his character (whether he shall accept said trust or not) the sum of twelve hundred and fifty dollars. Secondly--In addition to what I have given in and by said first codicil to Elise H. Welch, I now give and bequeath to her the sum of forty five hundred dollars and also the mortgages which I hold upon the real estate of her mother and the debt secured thereby. And I further give and bequeath to the said Elise H. Welch still another sum of five hundred dollars in order that she may devote it to an object which I know she has much at heart, but I wish to give it to her absolutely and untrammeled[?] by any trust. Thirdly--In addition to what I have given in and by said first codicil to my sister, Mrs. Hannah W. Greene, I now give and bequeath to her if she survive me, the sum of five hundred dollars to her sole and separate use. And I give and bequeath to each of my two sisters Mrs. Maria McClellan and Mrs. Elizabeth Bangs if they respectively survive me the sum of one thousand dollars to their sole and separate use respectively. Fourthly--I advise my wife in the management of her pecuniary affairs to rely upon the advice of my friends in whose capacity and integrity she knows that I have confided, and while I do not wish to cast any imputation upon the character of her half brother Mr. John L. Heard I do earnestly recommend and enjoin her to avoid as completely as possibly any connection or communication with him upon or respecting business of any description. Fifthly--I give and devise to my said wife Elizabeth T. Eldredge the estate in said Newton upon which my mansion house is situated and on which we have lately resided with all my lands and grounds about and adjoining the same, to have and to hold the same to her for and during the term of her natural life without impeachment of any manner of waste actual or permissive and I hope she will make it her principal place of residence so long as she may live, but do not wish to subject her to the least constraint in this particular. We have taken great pleasure together in arranging and beautifying the grounds and buildings connected with the estate and I should be sorry to picture it to my imagination as the abode of any persons but those whom I love and who will remember me with affectionate regard. Sixthly--In addition to what I have given to my wife by my said will and codicils I give and bequeath to her all my wines, horses, carriages & harnesses and generally all the articles of personal property used about or in connection with the said estate to her own sole use absolutely. In testimony whereof I have to this second codicil to my last will and testament set my hand and seal this twentieth day of April in the year of our Lord eighteen hundred and sixty five the said second codicil being written upon two sheets of paper and my signature being for the sake of convenience here placed at the head of the sixth page thereof. E.H. Eldredge {seal} Signed sealed and published and declared by the aforenamed testator Edward H. Eldredge as and for a second codicil to his last will and testament in the presence of us the subscribers who in his presence and in that of each other and at his request have here subscribed our names as witnesses hereunto. And the said testator at the same time and in our presence republished and confirmed his said last will and the first codicil thereto subject to the provisions of this codicil and caused the two sheets of paper on which this codicil is written to be annexed to said will and said first codicil which had previously been annexed to each other. Eleven words on the fourth page of this codicil having been first erased. Theresa Matthews of Colbrook, NH Eleanor Armstrong Boston Catherine Slattery Boston -------------------------------------- I the aforesaid Edward H. Eldredge make and publish and declare the following as a third codicil to my last will and testament hereto annexed. My brother Charles W. Eldredge having been unfortunate in business of late years and having in consequence thereof and without any fault on his own part become indebted to me in a considerable sum of money. I give and bequeath to him the sum of six thousand dollars to be deducted from such indebtment. I also give and bequeath to my brother in law John McClellan, M.D. of Philadelphia, Pa. the sum of two thousand dollars as a mark at once of my high esteem for his character and of my grateful sense of his attentions to me during my present illness. I give and bequeath, further to my niece Mary McClellan the youngest daughter of Dr. John McClellan the sum of five hundred dollars. In testimony whereof I have hereunto set my hand and seal this twenty fourth day of April in the year of our Lord Eighteen hundred and sixty five. E.H. Eldredge {seal} Signed sealed and published and declared by the aforenamed testator Edward H. Eldredge as and for a third codicil to his last will and testament hereto annexed in the presence of us the subscribers who in his presence and in the presence of each other and at his request have here subscribed our names as witnesses hereunto this twenty fourth day of April A.D. 1865 Theresa Mathews Colbrook, NH Eleanor Armstrong Catharine Slattery Additional Comments: Amy Hedrick OR Glynn County Genealogy & History Website OR File at: http://files.usgwarchives.net/ga/glynn/wills/eldredge284gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 20.4 Kb