LAST WILL AND TESTAMENT OF RICHARD VARICK, LATE OF THE CITY OF NEW YORK, DECEASED August 25, 1831 RICHARD VARICK HELPED FOUND JERSEY CITY, HUDSON COUNTY, NJ =================================================================== 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: Floreda Varick, JF3bMJB@aol.com ==================================================================== In the name of amen . I, Richard Varick, of the city of New York in the state of New York, attorney and counsellor at law, being in good health of body and of sound and disposing mind, memory and understanding, thanks be rendered therefore to the almighty and merciful disposer of blessings to the ungrateful children of men and calling to mind the uncertainty of life and the certainty of death but the unknown moment do make, ordain and declare the following to be my last will and testament which is written by myself. That is to say I commit my immortal spirit in the hands of that gracious unforgiving God who created it and who hath hereto sustained it in my frail body, hoping through the merits and atonement of my all powerful and compassionate mediator, intercessor and redeemer Jesus Christ to obtain a full, free and absolute pardon and remission of all my sins and a welcome admission into the mansions of ineffable and eternal happiness. And I request that my body may be buried in a decent, plain and suitable manner at the descretion of my beloved wife and other near relatives; and if possible and convenient near the remains of my respected parents and as to such real and personal estate as it hath pleased the almighty God to bestow upon me, or permitting me in the course of a long life, of much health, industry and attention to business to acquire and secure I do order, give, devise and dispose thereof in manner following, that is to say FIRST I do order and direct that all my just debts and funeral expenses be paid by my executor herein after named within a convenient time after my decease out of the proceeds of my estate real and personal which is not hereinafter particularly and specifically disposed. SECOND I do give and bequeath to my beloved wife Maria Varick all her wearing apparel, ornaments and trinkets whatsoever and also all my plates, pictures and household furniture whatever, both in the city and in the country dwelling houses and all provisions and stores and all my (6 words illegible) and all other my liquors of whatever kind which shall be in my respective dwelling houses and elsewhere in store at the time of my decease (my wines then remaining in demijohns or in wood being here inafter disposed of and also all my monies in species (or gold and silver coins) and bank bills which shall at my decease be found in either of my dwelling houses or possessions or which may then remain in any back in the city of New York or for her use and also my carriage horses and carriages and pleasure sleigh and all harness thereto respectively belonging; and also all my forage and fuel which may at my decease be on hand or unconsumed in my carriage houses and stables and vaults, cellars and yards or other depositories there of respectively and also all such books, paintings and prints of my as are suitable for a lady and as she may select or choose and as are not hereinafter disposed of and also the remaining of service of my servant KINGSTON TAPPIER and also the exclusive right in absolute estate and property to my pew in the Presbyterian Church in Cedar Street which I purchased from Mr. JACK LANOR, my said beloved wife paying the annual rents therefore, all which personal estate is to be at the sole and absolute disposal of my said beloved wife without any account or inventory thereof to be taken or made by executor or in any manner to be by them or by any other of my connections. THIRD I do give devise and bequeath to my said beloved wife, MARIA VARICK, during her natural life time only and as for her place of permanent residence after my decease all that certain new dwelling house which I have lately erected and built in the first ward of the said city fronting on Pine Street for my future residence and which is not yet finished together with the ground and other conveniences thereto belonging, and which include the Brick Wall and the (coping?) thereof lately erected by me on the rear of the lot of ground lately belonging to and which I now occupy with the dwelling House number 110 Broadway which said new dwelling House is to be completely finished and painted by me and is conveniently situated for her near several places of public worship in which the truths of the Everlasting Gospel of Peace are regularly on every returning Lord's Day proclaimed in their purity by zealous and faithful ? of the ? to have and to hold the same dwelling House and all the other rights, members, hereditaments, privileges and appurtenances ? belonging to my said beloved wife MARIA VARICK during her natural life as by me aforesaid. Tied with and upon this express condition however that my said beloved wife shall not without the consent in writing of my residuary devises hereinafter named be permitted to let or ? the same dwelling house and the ground thereto belonging or any part thereof to any person or persons whomsoever nor without such consent in writing suffer or permit any person or persons whomsoever upon any t terms whatsoever to occupy the same dwelling house or any part thereof or any other part of the premises and upon this further condition also that my said beloved wife shall at all times during her lifetime keep and maintain the said dwelling house in good order, plight and condition and repair as well in respect to carpenters and mason's work and material as to painting and glazing and in default thereof this devise and request to be utterly void and of none effect. FOURTH I do give, devise and bequeath to my said beloved wife MARIA VARICK during her natural life time only as aforesaid the net annual rent, interest and income payable quarter yearly of my two dwelling houses and the grounds thereto respectively belonging situated in the now third ward of the said city on the northeasterly side of the street lately called Robinson Street and now Park Street and which are now in the actual possession of James WHITEHOUSE and ELEAZER PARMLY respectively from the gross annual rents to be received therefor the annual reserved ground rent of two hundred and sixty dollars in half yearly payments forever, and the charges for repairs by carpenters, masons and painters as aforesaid during each and every year. FIFTH I do give and bequeath to my said beloved wife MARIA VARICK fifty thousand dollars in addition to whatever may be outstanding at the time of my decease, in our joint names and payable to the survivor of us in good efficient and available bond and mortgages belonging to my estate and to be selected by her by and with the advice of our mutual friend and nephew RICHARD VARICK DEWITT, ESQUIRE, if she shall do desire always excepting the bonds and mortgages which I hold from any of my nephews ? personal estate and property herein above given and bequeathed to my said beloved wife, I do order and direct my executor as soon as may be decent and proper after my decease to assign, transfer and deliver and pay over to her so that she may receive the arrears of interest and the annual and semiannual interest which shall have been received and which shall accrue and become due and payable on such bonds and mortgages respectively after the day of my decease and the said beloved wife may be enabled without delay and immediately after my decease to make a will and thereby dispose of her estate and property in a suitable and proper manner without any undue suit or solicitation of or by any of her ? . And which measure I do earnestly recommend to her as a fit and proper duty for her own peace and comfort. SIXTH I do further give and bequeath to my said beloved wife MARIA VARICK during her natural life the interest and income not exceeding five percent per annum of twenty thousand dollars principal which sums of interest is equal to one thousand dollars annually and which sum of one thousand dollars to be paid by my executor to my said beloved wife MARIA VARICK in half yearly sums of five hundred dollars each and the first payment of such annuity or interest to be made to her at the end of six months next after the day of my decease. SEVENTH I do hereby expressly declare that the gifts, devises and bequests herein before made by me to my beloved wife MARIA VARICK and by me intended to be and are by her to be considered accepted received and taken and in lieu of an in full satisfaction and compensation for and to the utter exclusion and bar of her right and claims of dower and all and every other claim and dower and whatsoever on or out of my estate real or personal. And I do consider and declare this independent provision for her as due to her love and affection to me and to her freely proffered and unlimited confidence in my declared views and intentions in respect to her. EIGHTH I do give and bequeath to my beloved friend and niece HELENA LEFFERTS, the wife of JOHN LOTT LEFFERTS, who has for many years been our intimate and confidential inmate and domestic companion the interest only at the rate of five percent per annum of five thousand dollars principal (being equal to two hundred and fifty dollars annually to be paid by me executors to the said HELENA LEFFERTS semiannually in sums or payments of one hundred and twenty five dollars each for the terms of ten years only after the day of my decease and upon her own receipts only, in writing if she so long survive me and the first payment of one hundred and twenty five dollars to be made to her at the expiration of six months after the day of my decease. And I do further give and bequeath to the said HELENA LEFFERTS and I do therefore order and direct my executors in case the said JOHN LOTT LEFFERTS shall die before me or at any time within ten years after my decease, they shall, at the end of six months after my decease and the death of the said JOHN LOTT LEFFERTS which shall last happen, pay to the said HELENA LEFFERTS the said principal sum of five thousand dollars together with the interest accrued and unpaid at the rate of five per cent per annum as aforesaid as to the day of the death of the said JOHN LOTT LEFFERTS inclusive and such payments to be made to her the said HELENA LEFFERTS at the end of six months or sooner after his death in monies and good bonds and mortgages as hereinafter mentioned and provided to be given in payment and transferred by my executors to my other legatees respectively which bequests are made by me to my said niece HELENA LEFFERTS (in addition to former provisions made for her and of which in my judgement she is likely to be very unhandsomely and dishonorably deprived by the contemptible advice and ungentlemenly conduct of some of her late matrimonial connections) in this perfect confidence and with a solemn injunction on my said beloved wife MARIA VARICK and as my dying request that she shall and will in and by her last will and testament or otherwise in her lifetime secure to our favorite friend and niece the said HELENA LEFFERTS exclusively and in preference to and over and above the provision by her for any of her other relations and beyond the interference and control of her said husband, the said JOHN LOTT LEFFERTS and his unfortunately wrong headed advisors, the interest and income of at least a principal sum of ten or twelve thousand dollars out of the estate in and by this my will bequeathed to her my said beloved wife and on the decease of the said JOHN LOTT LEFFERTS the said principal sum of ten or twelve thousand dollars to the said HELENA LEFFERTS in absolute property. NINTH I do give, devise and bequeath to my beloved friend and nephew JOHN VREDENBERG VARICK, the eldest son of my much respected elder brother ABRAHAM VARICK deceased and to his heirs and assigns forever, in fee simple, all that ____ Dwelling House and Lot of Ground situated in the now third Ward of the said city, on the northeasterly side of Dey Street, now occupied by Mrs JANE DEY DODGE and now known by Number Four Dey Street, and also all that certain tenement and piece of ground adjoining thereto and fronting of Dey Street aforesaid and lying between the Dwelling House last mentioned and the Franklin House belonging to DAVID LANE HAIGHT, which fronts on Broadway and is built on the front part of the lot of ground of which the piece of ground and the Tenement thereon erected and above mentioned and hereby devised formed the rear, along Dey Street aforesaid and is now occupied in part as a Justices Court Room and in the other part as a school room, the whole of which Tenement and the Ground thereto belonging is in length on Dey Street aforesaid Forty feet and in ____ or depth twenty five feet only and which dwelling house and tenement respectively I have lately much improved by adding thereto brick vaults under Dey Street the whole extent in front thereof respectively and cisterns of brick in the yard there of as well as other additions thereto respectively. To have and to hold this same dwelling House and lot of ground and the same tenement and piece of ground respectively together with all and singular the rights, members, privileges, Hereditaments and appurtenances to the same respectively belonging , to the said JOHN VREDENBURGH VARICK his heirs and assigns forever. TENTH I do give, devise and bequeath to my beloved friend and nephew ABRAHAM VARICK of Utica, in Oneida County, the younger son of my much respected brother ABRAHAM VARICK deceased and to his heirs and assigns forever, all that certain dwelling house and store and the ground thereto belonging situate in the third ward of the said city of New York at the corner of Dey Street and Washington Street and also the store and ground adjoining thereto and next to the store and ground of ABRAHAM STAGG on Washington Street and which is now known as Number 159 Washington Street both which are now demised(?) by me to TEUNIS VAN PELT and HENRY MILLER and also the dwelling House and ground thereto belonging which adjoins the first of the two last mentioned dwelling House and Stores and now known by Number 68 Dey Street which are demised (?) by me to and actually occupied by JOHNATHAN SOUTHWICK, all which dwelling house and store were erected and built by me in the year 1820 to have and to hold the same dwelling houses and stores and the ground thereto respectively belonging, together with all and singular the rights, members, privileges, hereditaments and appurtenances thereto respectively belonging, to the said ABRAHAM VARICK his heirs and assigns forever. ELEVENTH And I do charge upon pledge and incumber my said dwelling house and ground on Pine Street aforesaid the two dwelling houses and grounds in Park Place aforesaid and the dwelling house and lot of ground thereto belonging and the tenement and ground adjoining thereto in Dey Street herein above devised to my nephew the said JOHN VREDENBURGH VARICK; and also the dwelling houses and stores in this my will devised to my nephew ABRAHAM VARICK for and with the payment of the legacies and annuities or interest in and by this my will given and bequeathed. TWELTH I do give and devise to my said three nephews namely JOHN VREDENBERG VARICK, ABRAHAM VARICK and RICHARD VARICK DEWITT, and to their heirs and assigns forever as joint tenants and not as Tenants in common as trustees for the use of the beforenamed JANE DEY DODGE who is the only surviving child of my much valued friend and younger brother Doctor JOHN VARICK, late of this city deceased and now the widow of HENRY S DODGE, Esquire, deceased with four children namely JOHN VARICK DODGE, HENRY DODGE, HELENA KISSAM DODGE and RICHARD VARICK DODGE all that lot of ground situate on the northeasterly side of Dey Street aforesaid and adjoining to the dwelling house and lot of ground now occupied by the said JANE DEY DODGE and known by Number Six Dey Street and on which lot of ground I am now engaged in erecting and building a brick dwelling house of four stories in height and which dwelling house is to be completely furnished and painted during my lifetime or at the costs and expense of my residuary devices and legatees herein after named for the accommodation and benefit of my said niece the said JANE DEY DODGE and her four children above named and the survivors of them as is herein aforementioned and particularly directed to have and to hold the same lot of ground and the dwelling house thereon to be erected and built and completed as aforesaid together with all singular the rights, members, privileges, hereditaments and appurtenances there to belonging to the said JOHN VREDENBERG VARICK , ABRAHAM VARICK and RICHARD VARICK DEWITT and the survivors and survivors of them and the heirs of such survivor of them as joint tenants and not as tenants in common as aforesaid and as trustees for the use and benefit of the said JANE DEY DODGE and her said four fatherless children and survivors of them in full trust and confidence that they the said JOHN VREDENBURGH VARICK, ABRAHAM VARICK and RICHARD VARICK DEWITT and the survivors and the survivors of them and the heirs of such survivors of them shall and will suffer and permit the said JANE DEY DODGE to occupy and possess the same dwelling house and lot of ground and other the premises aforesaid, at a just, fair ands equitable net annual rent (that is to say deducting from the gross amount of the estimated annual rents thereof the charges for carpenters and masons work and materials paid by them for the repairs and the expenses incurred for painting and glazing the same dwelling house) payable quarter yearly; one moiety(?) or halfpart of such net rent to be paid to and for the use of her the aid JANE DEY DODGE and the other moiety(?) or halfpart thereof to be paid and applied to the maintenance and education of her said four children above named and the survivors and survivors of them until the youngest of the said four children then being shall have attained the age of twenty one years and as much longer as in sound discretion and judgment the said trustees and the survivors and the survivors of them shall deem expedient and proper. And I do further order and direct that if the said JANE DEY DODGE shall die before the youngest survivor of the said four children shall have attained the age of twenty one years that then and in such case the whole of the net rents arising from and to be received for the same dwelling house and lot of ground and premises shall be paid and applied towards the maintenance and education of the said four children of the said JANE DEY DODGE until the youngest of them shall have attained the age of twenty one years as aforesaid. And I do herein and hereby further order and direct that upon the decease of the said JANE DEY DODGE the youngest of her said four children or of the survivors of them having attained the age of twenty five years that the said trustees or the survivors or survivors of them, then living, shall sell, at public auction vendue or outcry to the highest bidder, first having duty advised such intended sale, the same dwelling house and lot of ground and premises. And upon such sale make and execute a deed or conveyance therefor in fee simple to the purchaser or purchasers; and to pay over the purchase monies arising from such sale (deducting the necessary charges) together with the arrears of such net rent accrued and unpaid, in equal parts, share and share alike, to the said four children of the said JANE DEY DODGE or the survivors of them, and the legal representatives of such of them as shall be then dead, leaving issue, per stirpes et non per capita. THIRTEEN I do further give and bequeath to my said beloved niece the said JANE DEY DODGE the interest and annuity only at the rate of five per cent per annum of twenty thousand dollars principal (being equal to one thousand dollars annually) to be paid by my executors to the said JANE DEY DODGE semiannually in sums of Five hundred dollars each for the term of ten years only after my decease. And upon her own receipt only , in writing, if she shall so long survive me; and the first payment of five hundred dollars to be made to her at the expiration of six months next after the day of my decease. And I do further provisionally give and bequeath to the said JANE DEY DODGE and I do so order and direct my executors, that in case the said JANE DEY DODGE shall at the end of the said ten years be a widow or unmarried, they shall pay to her the said principal sum of twenty thousand dollars together with such arrears of interest, or the annuity aforesaid at the rate of five per cent per annum, to the day of such payment and that such payment shall be made to her by my executors, on demand, at the expiration of six months from and after the day of my decease and the end of the said ten years which shall last take place. And I do further order and direct my executors that if at the end of the said ten years from the day of my death, the said JANE DEY DODGE shall be re-married and her husband there living, that they shall pay only ten thousand dollars of the said twenty thousand dollars, to the said JANE DEY DODGE upon her receipt only in writing, and the other or remaining ten thousand dollars to t he said four children of the said JANE DEY DODGE, or the survivors of them, and the children, if there then shall be any, of such of them as shall then be dead, in equal parts, share and share alike, per stirpes et non per capita; and at the end of six months as last aforesaid. But in case of the death of the said JANE DEY DODGE before the end of the said ten years, after my decease, my intentions and will is, and I do therefore order and direct my executors to pay the whole of the said twenty thousand dollars, together with the arrears of interest or annuity at the rate of five percent per annum only as aforesaid, to the said four children of the said JANE DEY DODGE, or the survivors of them and the legal representatives of them as shall be dead, or the legally appointed guardians of minors, in equal parts, share and share alike, per stirpes et non per capita. FOURTEENTH I do give and bequeath to my friend and highly respected nephew, the said RICHARD VARICK DEWITT above named, the only surviving child of my once highly valued and throughout her life time my confidential and devoted friend and sister JANE DEWITT, a true patriot and staunch Federalist and admirer of the great Washington, Thirty Thousand Dollars, in good and efficient Bonds and Mortgages. And also my one hundred shares of stock in the New York State Bank (the amount of which is greatly reduced by returned capital) and also all my shares of stock in the first company of the great Western Turnpike Road, being three hundred twenty shares. And also all my thirty shares of stock in the first company of the Northern Turnpike Road in the state of New York , and also all my twenty shares in the stock of the Rensselaer and Columbia Turnpike Road; together with all the arrears or dividends which shall be due and payable thereon at the time of my death. All which bonds and mortgages and bank stocks and Turnpike stocks I do hereby order and direct my Executors to assign, transfer and make over to the said RICHARD VARICK and to deliver to him on demand at the expiration of six months from and after my decease, if not before done, the evidence thereof. FIFTEENTH I do give and bequeath to my aged and beloved sister ANNE ELTING, during her natural life time, the interest and income or annuity only, not exceeding five per cent annum of twelve thousand dollars (the sum being six hundred dollars annually). To be paid to her by my executors, half yearly, in sums of three hundred dollars each; and the first payment thereof to be made at the end of six months from and after the day of my death. And upon the death of the said ANNE ELTING whether before or after my decease, I do give and bequeath ten thousand dollars of the said principal sum of twelve thousand dollars to her son and my nephew WILLIAM P ELTING: to be paid to the said WILLIAM P ELTING by my Executors, on demand and without interest at the expiration of six months after the day of my decease and the death of the said ANNE ELTING which shall last happen. And I do moreover release and forever discharge the said WILLIAM P ELTING and his executors and administrators of and from all debt whatsoever which are due from him to me; and I do hereby order and direct my executors to deliver up to the said WILLIAM P ELTING all my evidences of such debts. And further upon the decease of the said ANNE ELTING as aforesaid, I do give and bequeath to my great nephew JOHN VAN DEUSEN Junior the son of JOHN VAN DEUSEN of Columbia County and the Grand child of the said ANNE ELTING and the only son of ANNA MARIA ELTING deceased, the remaining two thousand dollars of the said twelve thousand dollars, to be paid to the said JOHN VAN DEUSEN Junior, or in his minority to his guardian to be duly appointed by the Chancellor of the State of New York by my executors on demand, and without interest, at any time after the expiration of six months from the day of my decease and of the death of the said ANNE ELTING, which event shall last happen as afore said. SIXTEENTH I do give and bequeath to my beloved sister MARIA GILBERT the interest, income and annuity only, not exceeding five percent per annum of twenty thousand dollars principal, (the same being one thousand dollars annually), to be paid to her by my executors semi-annually in the sums of five hundred dollars each and on her own receipt only in writing for the term of ten years from the day of the date of my decease, if the said MARIA GILBERT shall so long survive me; the first payment of such annuity or interest to be made to her, by my executors on demand at anytime after six months from the day of my decease and further in case the said GARRET GILBERT shall die before me or at any time within ten years after the day of my decease; or if the said MARIA GILBERT and GARRET GILBERT shall both survive me the said full term of ten years then and in any of those events I do give and bequeath to the said MARIA GILBERT the said principal sum of twenty thousand dollars. And I do moreover order and direct my executors to pay on demand at any time after six months from the day of the decease of the said GARRET GILBERT or after the expiration of the said term of ten years after my decease the said MARIA GILBERT and GARRET GILBERT being both then alive, to the said MARIA GILBERT on her own receipt or other acquittances only, in writing, the said sum of twenty thousand dollars together with the balance of the said annuity or interest at the rate of five percent per annum on the said twenty thousand dollars which may be in arrears and unpaid. And I do further order and direct my executors that in case my said sister MARIA GILBERT shall die before me or at any time within the said term of ten years after the day of my decease; and I do in each of those events give and bequeath the said principal sum of twenty thousand dollars without any arrears of interest or the annuity aforesaid to my seven nieces and nephews, the children now living of the said MARIA GILBERT who shall be alive at the time of my decease and the survivors of them and the child or children of such of the said seven children as shall have died before me leaving issue in equal parts share and share alike per stirpes et non per capita, the child or children of the deceased representing the respective parents, namely, JANE DEPEYSTER, the wife of Captain FREDERICK AUGUSTUS DEPEYSTER, RICHARD VARICK GILBERT, CATHARINE GILBERT, EMMA GILBERT, AMELIA GILBERT, HARRIET GILBERT and DEWITT CLINTON GILBERT; to be paid by my executors, to each of them as shall then be of the age of twenty one years respectively and the legal representatives or guardians of the minors (and not in any case to the father and the natural guardian) and without interest; to be paid by my executors on demand at any time after the expiration of six months from the day of the decease of their mother, or of me the testator, which shall last happen. SEVENTEENTH I do give and bequeath to my beloved nieces, the three surviving daughters of my late respected sister SARAH FRELIGH deceased, namely, CATHERINE LYON, the wife of JOHN LYON, Esquire, SARAH FRELIGH and RACHEL HARDENBURGH WELLER, the wife of DOSTER THEODORE WELLER, the sum of six thousand dollars, to be equally divided between them share and share alike. And to three daughters of my deceased niece JANE COZENS, the late wife of DANIEL COZENS, Esquire, namely SARAH VARICK COZENS, MARTHA CHEESEMAN COZENS and MARIA ROOSEVELT COZENS, two thousand dollars to be equally divided between them and the survivors of them, in equal parts, share and share alike, and to be paid to the said Legatees respectively, or to the legally appointed guardians of such of them as are minors, by my executors on demand and without interest, at any time after the expiration of six months from the day of my decease. EIGHTEENTH I do give and bequeath to my young friend and nephew JOHN VARICK FRELIGH Esquire, the only son of my said sister SARAH FRELIGH deceased, seven thousand five hundred dollars; to be paid to him by my executors on demand and without interest at the end of six months after the day of my decease. NINETEENTH I do give and bequeath to my young friend and kinsman and my only God child, the Reverend RICHARD VARICK DEY, the son of my late greatly respected friend and our domestic and confidential companion, CATHERINE LAIDLIE, late CATHARINE DEY deceased , the interest, income and annuity not exceeding five percent per annum of the principal sum of two thousand dollars (being equal to one hundred dollars annually) to be paid to the said RICHARD VARICK DEY, by my executors, semi-annually in sums of fifty dollars each, until he shall have attained the age of thirty years. And I do then give and bequeath to the said RICHARD VARICK DEY the said principal sum of two thousand dollars to be paid to him by my executors, on demand and together with the said interest at the rate of five percent per annum, to the day of such payment at the end of six months after my decease, and the said RICHARD VARICK DEY shall so as aforesaid have attained the age of thirty years, I do also give and bequeath to the said RICHARD VARICK DEY, if it shall not have been delivered to him before my death my mahogany clothes press, once the property of his grandfather, the Reverend ARCHIBALD LAIDLIE, DD, late of this city deceased, and which clothes press was many years ago presented to me by my late friend MARY LAIDLIE now deceased, the widow of the said ARCHIBALD LAIDLIE. And I do also give and bequeath to the said RICHARD VARICK DEY, as promised to him, my Lavoisne and Carey's Atlasses. TWENTIETH, I do give and bequeath to my several nephews and namesakes, namely RICHARD VARICK KISSAM, RICHARD VARICK GILBERT, RICHARD VARICK ROOSEVELT, RICHARD ABRAHAM VARICK the eldest son of the said JOHN VREDENBERG VARICK, RICHARD VARICK, the son of my nephew the said ABRAHAM VARICK, and the said RICHARD VARICK DODGE and RICHARD VARICK DEPEYSTER, the son of the said FREDERICK AUGUSTUS DEPEYSTER, the sum of five hundred dollars each to be paid to them respectively or to their guardians legally appointed of such of them as shall then be under the age of twenty one years, by my executors, on demand, and without interest, at the expiration of twelve months after the day of my decease. TWENTY FIRST I do give and bequeath to my said nephew the said RICHARD ABRAHAM VARICK and to his heirs and assigns forever, my one share in the Tontine Coffee House in the city of New York, together with all the rights, members, privileges, advantages, hereditaments and appurtenances thereto belonging. And also my Encyclopedia Britanica, in eighteen large quarto volumes and also my gold watch and chain and seal which I now wear. TWENTY FIRST (sic) I do give devise and bequeath all the rest, residue and remainder of my estate both real and personal whatsoever and wheresoever the same may be whether in the state of New York or in the state of New Jersey or elsewhere, and whether in possession or reversion including the revision(?) of my dwelling and ground aforesaid, on Pine Street and also of my two dwelling houses and ground thereto respectively belonging on Park Place, so as aforesaid devised to my said beloved wife MARIA VARICK during her natural life; and also my wines in demijohns and the demijohns containing such my wines. And also all the personal estate and monies in this my will mentioned and herein and hereby given and bequeathed to the other persons therein named and which by death or otherwise may become and in judgment of law be deemed to be La Pied(?) Legatees (all subject nevertheless to the payment of my just debts, funeral expenses and other legacies and annuities in and by this my will given and granted and bequested and directed to be paid by my executor) in manner and the proportions following: that is to say one full and equal undivided moiety or half part thereof to my said nephew, the said JOHN VREDENBERG VARICK and to his heirs, executors, administrators and assigns forever, and the other one full and equal undivided moiety or half part thereof, to my said nephew, the said ABRAHAM VARICK and to his heirs and assigns forever and I do herein and hereby declare that all the chests of wood containing my title deeds, account books, accounts, vouchers and other more important papers as well as my other chests and papers except my old law papers and letters received shall be considered as the exclusive property of my said two last named nephews, who are herein and hereby declared to be my residuary legatees and devisees TWENTY SECOND and the more easily and effectually to carry into execution the duties and trusts in this my last will and testament above mentioned; and to avoid all and every difficulty and embarrassment arising from infaney(?) and other causes if any can possibly occur, in the payment of my debts, funeral expenses and legacies and annuities herein before mentioned, or any of them; or in the devision, distribution, equalization and final settlement of my residuary real and personal estate, I do herein and hereby fully authorize and empower my executors and the survivor of them to sell and dispose of, at public vendue, auction and outcry or otherwise at such time and times, and to such persons and for such price and prices as shall by them, or him be thought proper just and fair - all or any part of my said real and personal estate, not herein before particularly and specifically devised and disposed of or bequeathed in fee simple or for life or in absolute property, as my said executors or the survivor of them shall think proper; and to make, seal, execute and deliver, all such deeds, conveyances, instruments of writing and transfer whatsoever as shall or may be necessary and proper for the accomplishment thereof and in payment on such sales of real and personal estate, to accept and take monies and good and sufficient bonds and mortgages, for the consideration, monies, or such part or parts thereof, as my said executors or the survivor of them shall think proper. TWENTY THIRD And in order the more effectively to secure the prompt, punctual & certain payment of the said annuities or interest of five per cent per annum at the expiration of every six months, to the respective annuitants or legatees in this my will above named; and also the faithful & punctual payment of the said principal sums or legacies when they shall respectively become due, and the payment thereof demanded, as aforesaid; I do order and direct my executors to set apart, out of the bonds and mortgages now belonging to my personal estate and to be secured by them from the sales of parts of my real estate as aforesaid, over and above those which are to be selected by my said beloved wife MARIA VARICK as herein above ordered and provided for her use; the sum of at least one hundred and fifty thousand dollars; and out of the annual interest to arise therefrom, and from the funds to be provided for those purposes by my executors, to pay the said half yearly annuities or interest aforesaid, of five percent per annum; and the said principal sums or legacies aforesaid, in and by this my last will and testament given and bequeathed to my legatees respectively, as the same shall from time to time become due and payable TWENTY FOURTH And in as much as from the deranged state of the monied currency of our country and the probable increased scarcity of specie and other monies of intrinsic value or proper to be received in payment by executors and other trustees it may be out of the power of my executors to convert my real estate into cash; or to procure the payment of the monies secured by the bonds and mortgages belonging to my estate and of which my estate will in great measure consist for the prompt payment of the several legacies and other bequests which in and by this my will and testament directed to be made by my executors at the irregular time at which the same shall become due and payable as aforesaid, without very great sacrifices of their respective value, and ultimate losses to some of the legatees in this my will and testament named, I do therefore authorize, empower and require my executors, except in the cases in this my will otherwise provided for, to pay and satisfy all the legacies and bequests aforesaid, not otherwise provided for, by making assignments and transfers of good, competent and efficient bonds, or bonds and mortgages, belonging to my estate, to the respective legatees herein above named and to pay the balances only where necessary, in monies. And further that in payment of any such legacies that shall and may, for want of competent bonds and mortgages of small amount, to pay such legacies join the names of two or more legatees in the assignment and transfer of the same good and efficient and available bonds and mortgages of larger amount, and which are discerned and known to be of undoubted security or competency as aforesaid for the amounts or nominal sums thereon respectively due and payable; altho the bonds and mortgages for the debts thereby secured may not be capable of being very promptly converted into ready monies. And I do further order and direct, that all such payments, assignments and transfers of such bonds, and bonds and mortgages as aforesaid in payment and satisfaction of legacies, to my legatees herein before named, and to other persons who may become entitled thereto shall be made at the Merchants Bank in the city of New York or such other permanent place in the city of New York and not elsewhere as my said executors shall find most convenient for themselves; and shall for those purposes from time to time appoint, for the accommodation of my annuitants and legatees aforesaid; and not as the respective legatees and other persons aforesaid who may reside at different places more or less remote from the said city may chose. and I do hereby further declare, that it is my intention, desire and wish, if it be possible and I do therefore so direct my executors, that the payment of the said half yearly annuities or interest of five per cent per annum only as aforesaid shall be made by them, in good current money only; and at the place or places in the city of New York only to be by them appointed as aforesaid. TWENTY FIFTH I do nominate, constitute and appoint my said two friends and nephews, the said JOHN VREDENBURG VARICK and ABRAHAM VARICK, and the survivor of them, the first executors and executors of this my last will and testament; with full power and authority to them and to the survivor of them, to execute and perform all the duties, powers and trusts in and by this my last will and testament given, granted and committed to both of them. TWENTY SIXTH And if both of my nephews and executors aforesaid shall die before they shall have fully and perfectly executed and performed all the powers and trusts in and by this my will given, granted, committed & intrusted to them and the survivors of them, thus and in such an unfortunate event, I do hereby nominate, constitute and appoint my said friend and nephew the said RICHARD VARICK DEWITT and my long tried friend and kinsman JAMES C. ROOSEVELT of the city of New York, and the survivor of them, to be the additional executors and executor of this my last will and testament, and I do hereby give and commit to them and the survivor of them all the powers, authorities and trusts herein before given, committed and intrusted to my said nephews and first named executors the said JOHN VREDENBURG VARICK and ABRAHAM VARICK, and the survivor of them as executors and executor of this my last will and testament so that under the direction and advice of the honorable the court of Chancery of the state of New York (if necessary) and to which court, I advise for the greater caution application to be made for the direction and advice, all the powers and important trusts in this my last will and testament contained may be fully and faithfully executed, accomplished and performed, according to the true intent and meaning thereof. And further I do authorize and empower each of them the said RICHARD VARICK DEWITT and JAMES C ROOSEVELT, upon accepting and executing the powers and trusts herein and hereby committed to them and the survivor of them to retrain and keep, in his own hands and for his own use, out of my residuary personal estate aforesaid, the sum of ten thousand dollars in full payment and satisfaction for his attention and services in the discharge of his duties and one of my executors as aforesaid. And lastly I do revoke, annul and make and declare void and of no effect all and every former and other will and testament whatsoever by me at any time heretofore made and executed. Hereby declaring this to be my last will and testament. In witness thereof I the said RICHARD VARICK have hereto subscribed my proper name and affixed my seal at the city of New York this twenty eighth day of July in the year of our Lord one thousand eight hundred and twenty seven. Signed, sealed, published and (signed) declared by the said RICHARD RICHARD VARICK VARICK to be his last will and testament in the presence of us, who have at his request and in his presence and in the presence of each other subscribed our respective names as witnesses to the execution thereof (signed) LYNDE CATLIN WALTER MEADE J P FRANKS I, RICHARD VARICK, of the city of New York, Attorney and Counselor at Law, do hereby make and publish the following as the codicil to my last will and testament, bearing date on the twenty eighth day of July in the year of our Lord one thousand eight hundred and twenty seven; as follows, to wit, whereas since the making of my said last will and testament, I the said RICHARD VARICK, have become owner and proprietor in fee simple of several dwelling houses and lots of ground in the city of Albany and elsewhere in the state of New York for the more easy settlement of my estate, I the said RICHARD VARICK do will and hereby authorize empower and require my executors in my said will named and the survivors and survivor of them, to sell and dispose of all and every such houses and lots of ground in the city of Albany aforesaid and elsewhere as have become vested in me in fee simple as aforesaid, since the making of my said last will and testament at public vendue, auction and outcry, or otherwise, in their discretion; and upon such sale or sales to make and execute deeds and conveyances for the same to the respective purchasers and to receive and secure the consideration monies, in the same manner to all interests and purposes, as they are authorised, empowered and required to sell and dispose of the parts of my residuary real estate in and by the powers, authorities and provisions contained in the twenty second clause of my said last will and testament and out of the monies arising from the sale or sales and from other parts of my estate, I the said RICHARD VARICK do hereby give and bequeath to my beloved wife, MARIA VARICK, in addition to other bequests in my said will contained and in lieu of the devise for life of the rents of the dwelling houses in Park Place (which have been sold) the sum of ten thousand dollars. I do also give and bequeath to my sister MARIE GILBERT, in addition to the interest and principal of twenty thousand dollars in my said will mentioned, the further sum of ten thousand dollars to be paid to her in cash, or bonds and mortgages or both at the discretion of my executors, on her own receipt only, at the expiration of twelve months, from and after my decease. I do also give and bequeath to my nephew, JOHN VARICK FRELIGH, Esquire, the sum of two thousand five hundred dollars in addition to seven thousand five hundred dollars bequeathed to him in and by my said will. I do also give and bequeath to my great niece (Note by SV: first name not given) WELLER, the daughter of Doctor THEODORE WELLER by my deceased niece RACHEL HARDENBUGH FRELIGH his late wife named in my said will with her sisters CATHERINE and SARAH (and whose bequest by her death during my life time may be considered as lost to her child) two thousand dollars. I do also give and bequeath to my nephews and namesakes RICHARD VARICK GILBERT and RICHARD VARICK ROOSEVELT, two thousand dollars each; I do also give and bequeath to Miss JANETTE BLAIR, in consideration of her integrity, kindness and faithful services to both Mrs. VARICK and myself in repeated sicknesses; and on the express condition that she shall have continued in my service until my decease, the sum of five hundred dollars. And lastly, I do hereby ratify and confirm and declare valid and effectual, all and every other devise, gift and bequest in my said last will and testament contained. In witness whereof I the said RICHARD VARICK have hereto set my hand and seal at the city of New York this twenty second day of June in the year of our Lord one thousand eight hundred and thirty. Signed, sealed, published & declared (signed) by the said RICHARD VARICK as the RICHARD VARICK codicil to his last will & testament in the presence of us who have at his request and in his presence and in the presence of each other, subscribed our respective names as witness to the due execution thereof The word (second) between the two last lines of the first page being first interlined (signed) LYNDE CATLIN of New York WALTER MEADE New York F W CAMMANN(?) New York We certify that we have examined the foregoing and find it to be a correct copy of certain papers deposited on the 16th August instant by JOHN VREDENBERGH VARICK, in the office of the Surrogate of the county of New York, purporting to be the last will and testament codicil of RICHARD VARICK, Esquire late of the city of New York, deceased, New York 25 Augt 1831 JOHN PUNTZIUZ (?) JNO VARICK FRELIGH