WILL: Phillip S. Armstrong; Cuba, Allegany co., New York surname: Armstrong, Cross, Kirkpatrick, Loveridge, Willard submitted by Laurel J Simon (icljs at swbell.net *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm http://files.usgwarchives.net/ny/allegany/wills/v6/armstrong-philip.txt *********************************************************************** Source: sampubco.com Allegany co NY Will Book vol. 6 page 102 Written: 2 Jun 1868 Probated: 10 Aug 1868 I, Phillip S. Armstrong, of Cuba in the county of Allegany and state of New York being of sound mind and memory, and considering the uncertainty of this frail and transitory life do therefore make, ordain, publish and declared this to be my last will and testament that is to say: First: After all my lawful debts are paid and discharged I give and bequeath to my wife Arabella Armstrong all my household furniture beds, bedding, cooking utensils and provisions provided for family use, all my wearing apparel, books, pictures, and personal ornaments. Secondly: I give and evise to my said wife the use of the undivided one half part of twenty-five acres and forty-four one hundredths of an acre of land on lot fifty-two in the town of Cuba, Allegany county, New York, and being the same premises conveyed to me by John Armstrong by deed bearing date February 19th 1866 (which deed also conveys other lands) and recorded in the Allegany County Clerk's Office in Liber 71 of Deeds at page 543 and being the peice or parcel of land first described in said deed for and during the term of her natural life. Also I give and devise to my said wife the use of five acres of land situate on lot 52, in the town of Cuba aforesaid and being the same premises lastly described in a certain deed from said John Armstrong to me bearing date February 19th 1866 and recorded in the Allegany County Clerk's Office in Liber 71 of Deeds at page 552 for and during the term of her natural life. Thirdly: I give devise and bequeath to my son John Armstrong all my right little and interest to wit the undivided one half thereof in and to the following described premises viz: One piece of about fifty acres on Lot 18 in Cuba aforesaid about twenty seven & 23/100 acres on lot 27, in Cuba aforesaid, and one other piece on lot 26 in Cuba aforesaid of about forty five acres being the same premises conveyed to me by the said John Armstrong by deed bearing date February 19th 1866, and recorded in the Allegany County Clerk's office in Liber 71 of deeds at page 543, and being all of the premises described in said deed except the piece of 25 44/100 acres firstly described in said deed I do also give and devise to my said son John Armstrong the undivided one half part of the following premises, viz: Five acres more or less of land on Lot 52, in the town of Cuba being the piece of land lastly described in a certain deed from said John S. Armstrong to me dated February 19th 1866, and recorded in the Allegany County Clerk's Office in Liber 71 of Deeds at pate 552, subject however to a life estatet therein, hereinbefore given and devised to my wife Arabella. I do also give and bequeath to my said son John Armstrong all my right title, and interest in and to the following personal property, viz: Eighty-four sheep and span of mules black color, three cows, one plow, one drag, and other farming utensils which said personal property is now on the farm, one half of which is herein before given and devised to my son John Armstrong the other half of said farm being now ownedd by my said John Armstrong. Fourthly: I give and devise to my son William Armstrong subject to a life estate therein of my wife Arabella hereinbefore given and devised to her the undivided one half part of all that piece of land being 25 44/100 acres of land more or less on lot 52 in Cuba aforesaid and being the piece of land firstly described in a certain deed from said John Armstrong to me dated February 19th 1866 and recorded in the Allegany County Clerk's Office in Liber 71 of deeds on page 543. I do also give and bequeath to my said son William Armstrong of the sum of four hundred dollas and interest from the time of my decease to be paid to my said wife Arabella Armstrong in the manner following, viz: one hundred dollars and interest on four hundred dollars one year after my decease, and one hundred dollars and interest on three hundred dollars for one year tow years after my decease, one hundred dollars and interest on two hundred dollars for one year three years after my decease, and the remainder four years after my decease the payment of which said sum shall be a lien and charge upon the real estate herein before given and devised to my said son William Armstrong. Fifthly: I give and devise to my sons John and William Armstrong all my title and interest to wit the one undivided one half thereof in and to the premises conveyed to me by Robert S. Armstrong and wife by deed bearing date January 30th, 1866. And recorded in the Allegany County Clerk's Office in liber 74 of deed 158. Sixthly: I give and devise to my daughter Maria R. Cross, now the wife of Casper K. Cross, the use of the house and land connected thereinwith being the same premises firstly described in a deeed from John Armstrong to me dated February 19th 1866 and recorded in the Allegany County Clerk's office in libert 71 of Deeds and page 552 containing one and three fourths acres more or less and being the house and lot now occupied by Wilber F. Bement for and during the term of her natural life and from and immediately after her death. I give and devise such house and lot to the linial descendant or descendants of the said Maria A. Cross if she shall leave any her surviving to be held by him, her or them in such share as such descendant or decendants would hold the same if the said Maria A. Cross had died inestate owning the said house and lot. I do also will and direct that leaving any descendant her surviving, then and in that case that the said house & lot shall descend to my other heirs in the same manner so if I had died inestate. I do give and bequeath to my said daughter Maria A. Cross the horse now owned by me and used by me for a saddle horse, sorrell color, and one side or lady's saddle and bridle. Seventhly: I give and bequeath to my daughter Joahina Kirkpatrick, now the wife of David Kirkpatrick one thousand dollars to be paid to her by my executors hereinafter named one year after my decease. Eightly: I give and bequeath to my son Robert S. Armstrong the sum of twelve hundred and fifty dollars to be paid to him by my executor hereinafter named within one year after my decease. Ninthly: I give and devise to my son William Armstrong subject to the life estate therein hereinbefore given and devised to my said wife Arabella the undivided one half part of all that piece of land containing five acres more or less described in a deed from John Armstrong to me dated February 19th 1866 and recorded in the Allegany County Clerk's office in Liber 71 of Deeds at page 552 and being the premises lastly described in said deed and being on Lot 52 in Cuba aforesaid. Tenthly: I give, devise and bequeath to my said wife Arabella Armstrong all the rest, residue, and remainder of all my estate real and personal of eveyr name and nature wheresoever and whatsoever the same may be. Lastly: I likewise make, constitute and appoint my said son, John Armstrong & Robert S. Armstrong to be executors of this my last will and testament hereby revoking all former wills by me made: In witness whereof I have hereunto subscribe my name and affixed my seal the second day of June in the year of our Lord one thousand eight hundred and sixty eight. Phillip S. x (his mark) Armstrong (L.S.) The above instrument was subscribed by the said Phillip S. Armstrong in our presence and acknowledged by him to each of us and he at the same time declared the above instrument so subscribed to be his last will and testament and we at his request have signed our names as witnesses hereto in his presence and in thepresence of each other and written opposite our names our respective places of residence. E. B. Loveridge, residing at Cuba, Allegnay County, N.Y. J. A. Willard, residing at Cuba, Allegany County, N.Y.