Will of Peter Anderson Filed for record 9:30 AM on the 13th day of July AD 1868. Recorded July 13th, 1868. /s/ James Prestley, clerk Be it remembered that heretofore, to wit: On the twenty first day of November in the year one thousand eight hundred and sixty seven Racilla B. Anderson, an executrix named in the last will and testament of Peter Anderson late of the city of Philadelphia, Pennsylvania deceased, appeared in open court before Gideon J. Tucker surrogate of the County of New York and made application to have the said last will and testament and codicil thereto which relates to both real and personal estate and by satisfactory evidence on such application the said surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the deceased and their respective residences and surrogate did thereupon issue a citation to said heirs and next of kin by their respective names stating their places of residence requiring them to appear before said surrogate at his office in the City of New York on the twentieth day of December the next to attend the probate of said will and afterwards to wit: on the said twentieth day of December. Satisfactory evidence by affidavit was adduced and presented for said surrogate of the service of the said citation in the mode prescribed by law. Evidence ascertained on the same day or before any presiding __ taken up on the said will that one of the parties cited was a minor having no general guardian residing in the State of New York a special guardian was appointed in due form of law to take care of his interest in the matter of proving said will by an order duly entered for that purpose by said surrogate and on that day no one appearing to oppose the probate of said will such proceedings were thereupon __ and afterwards the said surrogate to the proof of said will hereinafter set forth and upon this twenty first day of December in the year one thousand eight hundred and sixty seven the adjudged said will and codicil thereto to be a valid __ of real and personal estate and the proofs thereof to be sufficient which said last will and testament are as follows, that is to say: In the name of God Amen. I, Peter Anderson gentleman residing at present at Gramercy Park House in the City of New York and of sound and disposing mind and memory and understanding, blessed be God for the same but knowing myself of the uncertainty of life and the certainty of death do make, constitute and ordain this to be my last will and testament, hereby revoking and declaring null and void and all other will and wills by me at any time heretofore made. Item, I give and devise to my nephew James H. Anderson, the son of my late brother Henry Anderson, all my land and real estate of which I may die seized and possessed or to which I may be entitled, situated and being in the State of Mississippi to him and his heirs forever. As I believe that the deeds of said land and real estate have been most or all of them destroyed at Holly Springs by the ravages of war - I now declare that the lands and real estate so as above given and described and which are situated in the State of Mississippi are so nearly as I can describe the same as follows: that is to say: to wit, one equal individual half part of the plantation in the County of ___ in said state whereof my said nephew is now or lately was the owner of the other equal individual half part. Second: Also one equal individual half part of the plantation near Holly Springs in said State of Mississippi whereof the individual equal half is now or lately was owned by Walter Goodman. Third: Also one equal individual half part of the tract of land on the Mississippi River near the town of Commerce, whereof the other equal individual half part is now or lately was owned by my said nephew who divided the same from his father being the same tract on which at one time was established a wood yard. Fourth: Also all my right, title, or interest to any and all lands now or late held by Walter A. Goodman in trust for his father Walter Goodman and myself, my interest in the same being one equal individual half part thereof. Fifth: Also my plantation in Madison County in said State of Mississippi consisting of the land purchased by me from Mr. Coleman and about two hundred acres purchased by me, I think, from Mr. Montgomery. Also a quarter section of swamp wood land on the Big Black River which is, I think, in Yazoo County. The said lands mentioned in this fifth section being during the life of my wife part of the plantation of which the land owned by her sister Mrs. Jane A. McWillie. Sixth: Also all my land and real estate situated in the State of Arkansas of which at the time of my death I may be seized or in which I may have any interest. I hereby declare that the foregoing enumerations and specifications of the lands and real estate and interest in lands and real estate and an interest in lands and real estate in the State of Mississippi so devised to my nephew is not intended to be exclusive of any other land or interest in land in said state or in which if any I may at the time of my death be seized or otherwise entitled but if at the time of my death I shall be seized or otherwise entitled to any other land or any interest therein in the State of Mississippi not herein above specifically mentioned, the same is nevertheless to pass and __, and I hereby give and devise the same to my said nephew and his heirs as fully and absolutely as though the same were above particularly mentioned and described. Item. I give and bequeath to my said nephew James H. Anderson all my personal property which at the time of my death may be situated in the State of Mississippi; and all claims and demands which I may then own or to which I may there be entitled against any and all person or persons then residing in the State of Mississippi. Item. In case my said nephew James H. Anderson shall not be living at the time of my death, then and in such case, I give, devise and bequeath all such land real estate and interest in land or real estate and all such persons all property and all such claims and demands as are above declared to be given, devised and bequeathed to my said nephew to his wife and children or to such of them as shall then be living to have and to hold the same in equal shares and interest to them and their heirs forever. Item. The will executed by my wife in Edinburgh and approved by my endorsement now in the hands of Mr. Jack S. McWillie for probate I confirm and if my said nephew James shall out of the three crops bequeathed to me in said will realize and receive amount sufficient he shall cause to be erected the tombs mentioned in the will of my wife and to pay such and same of any as may be due __ __ __ for or our account of the fifteen hundred dollars per __ __ reserved to her out of the said three crops by said will. Item. I hereby constitute and approve my said nephew James H. Anderson the executor of so much of this my last will and testament only as relates to my property and estates situated in the states of Mississippi and Arkansas hereby waiving security for the performance of his duties by __ __ (NOTE. next section unreadable on left side of page) Witnesses J. M. Morrison, Henry W. Cooper, Bing D. Silliman the surrogate do attest and certify that on this thirteenth day of October one thousand eight hundred and sixty four the foregoing instrument was signed and sealed at the __ thereof by Peter Anderson the testator, who is known to us in our presence and in the presence of each other; that we saw him sign and seal the same, and that he there and then at the time of such signing and sealing declared the said instrument to be his last will and testament and that we hereupon at his request and in his presence and in the presence of each other subscribed our names as witnesses to said will and signed this attestation. J. M. Morrison residing at Yonkers, N.Y. place of business Manhattan Co. 40 Wall St. N.Y., Henry W. Cooper residing at 19 W. 22nd St & place of business 43 Wall St., Bing D. Silliman residing at 34 Clinton St. Brooklyn, place of business 43 Wall St, N.Y. I Peter Anderson formerly of the State of Mississippi but at present sojourning in the City of Philadelphia, Pennsylvania, Esquire, do make and publish this codicil to my last will and testament executed by me in the City of New York on the thirteenth day of October in the year of our Lord one thousand eight hundred and sixty four. In the first place I do hereby revoke and make void so much of the third item of my said last will and testament which provides that in case my nephew James H. Anderson should die in my lifetime that certain property shall go to his wife and children, and I do hereby confirm the devise and bequeath made by me in the first item of my said last will and testament to my said nephew James H. Anderson and do give, devise and bequeath to him all and every part of the property given to him, by the said first item of my last will and testament to have and to hold the same and every part thereof to him the said James H. Anderson his heirs executors administrators and assigns forever and it is my express will that in case the said James H. Anderson shall die in my lifetime the devise and bequeath thereby and in the said third item of my said last will and testament given to him shall not lapse by reason of the death of him the said James H. Anderson but shall go in the same manner as if the said James H. Anderson had survived me. [this section unreadable] ... land known as the Sorsby tract, now I do hereby give and devise the said land to my said nephew James H. Anderson hie heirs and assigns forever and it is my express will that no devise or bequeath given or made to my said nephew James H. Anderson by my said last will and testament or by this codicil shall lapse by the death of my said nephew James H. Anderson in my lifetime but shall go and be disposed of in the same manner as if my said nephew James H. Anderson had survived me. Item I do hereby charge the payment of my debts on all my property alike. Item I declare it to be my will that should my devise and bequeath contained in my last will or in the codicil fail by any reason whatsoever the same will be considered deemed and taken as part of my residuary estate and I do give, devise and bequeath the same to my residuary legatee Racilla B. Anderson her heirs, executors, administrators and assigns forever. And whereas there are outstanding Bonds for which I am obligated to guarantee to certain purchases the titles of the American Land Company I do give and do grant unto my executors and also with Walter A. Goodman and Charles Butten power and authority jointly and severally to execute and deliver deeds in conformity to the tenor of such Title Bonds. And I declare that the deeds so executed by said persons shall be binding on my heirs, executors and administrators. Lastly I declare this to be a codicil to my said last will and testament which I hereby republish. In witness whereof I have hereunto set my hand and seal this the thirty first day of May in the year of our Lord one thousand eight hundred and sixty seven. /s/ Peter Anderson Witness S. Gaitley, W. A. Phillips, James J. Barkley. We the undersigned do certify that on this thirty first day of May in the year of our Lord one thousand eight hundred and sixty seven the written instrument was signed and sealed at the end thereof by Peter Anderson the testator and at the time of the said signing and sealing he declared the said instrument to be a codicil to his last will and testament and that we thereupon at his request in his presence and in the presence of each other subscribed our names as witnesses thereto and subscribed the attestation and we further certify that the word first in the fourteenth line from the top of the first page and words said first in the eighteen line from the top of the said first page were first written on .... [next section unreadable] PROBATE SECTION ... the last will and testament of Peter Anderson deceased as a will of real and personal estate by presentation of witnesses proven and examined in the above entitled matter, County of New York to wit: James M. Morrison of said county being duly sworn as a witness for the above entitled matter and examined on behalf of the applicant to prove said will says I was well acquainted with Peter Anderson now deceased. I knew the above named decedent for two years before his death. The subscription of the name of decedent to the instrument now shown to wit and offered for probate as his last will and testament and bearing date 13th day of October in the year of our Lord one thousand eight hundred and sixty four was made by the decedent at the City of New York in the presence of myself, Benjamin D. Silliman and Henry W. Cooper the other subscribing witnesses at the time of such subscription; the said decedent 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 decedent; 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 of sound mind, memory and understanding and not under any restraint or in any respect incompetent to devise real estate. I also saw Benjamin D. Silliman and Henry W. Cooper the other attesting witnesses sign their names as witnesses at the end of said will know that they so at the request of said decedent and in his presence. /s/ J. M. Morrison Sworn this 20th day of December 1867 before me Gidion J. Tucker County of New York to wit: Benjamin D. Silliman of Brooklyn, Kings County being duly sworn as a witness for the above entitled matter and examined on behalf of the applicant to prove said will says I was well acquainted with Peter Anderson now deceased. I knew the above named decedent for __ years before his death. The subscription of the name of decedent to the instrument now shown to wit and offered for probate as his last will and testament and bearing date 13th day of October in the year of our Lord one thousand eight hundred and sixty four was made by the decedent at the City of New York in the presence of myself, James M. Morrison and Henry W. Cooper the other subscribing witnesses at the time of such subscription; the said decedent 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 and at the request of said decedent; 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 of sound mind, memory and understanding and not under any restraint or in any or in any respect incompetent to devise real estate. I also saw James M. Morrison and Henry W. Cooper the other attesting witnesses sign their names as witnesses at the end of said will and know that they so at the request of said decedent and in his presence. /s/ Benj. D. Silliman Sworn this 20th day of Dec. 1867 before me. /s/ Gidion J. Tucker County of New York to wit: Samuel W. Gaitley of the city of Philadelphia, Pennsylvania being 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 Peter Anderson now deceased. I knew the above named decedent for a short time (31st May) before his death. The subscription of the name of decedent to the instrument now shown to wit and offered for probate as a codicil to his last will and testament and bearing date the thirty first day of May in the year of our Lord one thousand eight hundred and sixty seven was made by the decedent at the City of Philadelphia in the presence of myself, William A. Phillips and James J. Barclay the other subscribing witnesses. At the time of such subscription; the said decedent declared the said instrument so subscribed by him to be a codicil to his last will and testament, and I thereupon signed my name as witness at the end of said instrument at the request of said decedent; 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 of sound mind, memory and understanding and not under any restraint or in any or in any respect incompetent to devise real estate. I also saw William A. Phillips and James J. Barclay the other attesting witnesses sign their names as witnesses at the end of said codicil and know that they so at the request of said decedent and in his presence.” /s/ Samuel W. Gaitley Sworn this 23rd day of Dec. 1867 before me. /s/ Gidion J. Tucker County of New York to wit: James J. Barclay of the city of Philadelphia, Pennsylvania being 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 Peter Anderson now deceased. I knew the above named decedent for a short time (31st May) before his death. The subscription of the name of decedent to the instrument now shown to wit and offered for probate as a codicil to his last will and testament and bearing date the thirty first day of May in the year of our Lord one thousand eight hundred and sixty seven was made by the decedent at the City of Philadelphia in the presence of myself, Samuel W. Gaitley and William A. Phillips the other subscribing witnesses. At the time of such subscription; the said decedent declared the said instrument so subscribed by him to be a codicil to his last will and testament, and I thereupon signed my name as witness at the end of said instrument at the request of said decedent; 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 of sound mind, memory and understanding and not under any restraint or in any or in any respect incompetent to devise real estate. I also saw William A. Phillips and Samuel W. Gaitley the other attesting witnesses sign their names as witnesses at the end of said codicil and know that they so at the request of said decedent and in his presence.” /s/ Samuel W. Gaitley Sworn this 23rd day of Dec. 1867 before me. /s/ James J. Barclay County of New York. Recorded the proceedings of the last will and testament and codicil thereto of Peter Anderson deceased as a will of real and personal estate together with the proofs and examinations taken and heard in the Court of the Surrogate of the County of New York relating to the said last will and testament which said record __ __ and certified by me pursuant to the __ __ of the __ statutes the thirty first day of December in the year of our Lord one thousand eight hundred and sixty seven. /s/ Gidion J. Tucker, Surrogate Surrogate’s Office, County & State of NY. Compilation record dated 16 Jan, 1868 Holly Springs, Marshall Co., MS. Certification of paperwork dated Record Book 18, pages 202 to 209 dated 30 October, 1888 Madison Co., MS. Certification 14 July, 1892 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Tony Abruscato ====================================================================