WILL: William Potter; Leon, Cattaraugus co., NY surname: Potter, Barker, Cook, English submitted by Janice Gordon (janicegordon @ hotmail.com) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** Transcribed from SAMPUBCO copy by Janice Gordon Cattaraugus co NY Will Book vol. 16 page 17 Will for William Potter of Leon, Cattaraugus, New York, signed 11 Sept. 1872, proved 27 Dec. 1897 In the name of God, Amen. I William Potter of the town of Leon in the county of Cattaraugus and state of New York, of the age of sixty three years and being of sound mind and memory do make, publish, and declare this my last will and testament in manner following, that is to say: First- I give and bequeath to my wife, Busheba Potter all my household furniture of every kind, nature and description, and I also give and bequeath to my said wife one third of all my personal estate that I may have or own at the time of my decease and the bequests here into fore made to my said wife shall be to her and to her heirs and assigns forever. Second- I give and bequeath all the rest, residue, and remainder of my personal estate that I may have or own at the time of my decease after all my must debts shall have been paid and discharged and after my funeral expenses have been paid, to my children here in after named: Butler Potter, Mary Jane Barker, Allen Potter, George Potter, Melissa Cook, Mercy English, Silas Potter, Peter Potter, each of my said children to share and share alike in the same, the share of the said Allen Potter and the said George Potter therein to be subject to the conditions here in after named. Third- I give and devise to my said wife the use of one third of all my real estate that I may own at the time of my decease and the bequest and devise above named to my said wife shall be in lieu of dower and my said wife shall be entitled to the rents, use, and profits of the said one third of my real estate during the term of her natural life. Fourth- I give and bequeath to my said children in fee all my real estate of which I may die seized the same to vet absolutely in them at my decease subject only to the interest of my said wife therein as above stated, each of my said children to share and share alike in the same, but the interest of the said Allen Potter and the said George potter therein shall be subject to the conditions here in after stated. Fifth- The said George potter is the owner of two promissory notes given by the said Allen Potter as follows. One note dated July 30th 1871 for four hundred and ten dollars and eighty eight cents payable to the said George Potter or bearer and payable on demand, and one other note dated August 3d 1872 for sixty four dollars and ninety four cents given to me by the said Allen Potter, and due ten months from the date of said note. If said notes shall both be due and unpaid to said George or his heirs at the time of my decease or any part of the principal or interest on said notes shall remain so due and unpaid, or if the said notes or either of them shall become due thereafter and remain unpaid, then I give and bequeath to the said George from what otherwise would be the interest of the said Allen Potter in my said personal estate enough to pay to him the full amount due on said notes or either of them, and the interest of the said Allen in my personal estate shall be diminished in the amount sufficient to pay the entire notes. And in case there shall not be enough of the interest of the said Allen in my personal estate to pay the said notes, then I give and devise to the said George an interest in my said real estate in excess of what he and his brothers and sisters here in before named would each otherwise have received, sufficient to pay any amount remaining as due and unpaid on said notes, or either of them and the interest of my said son Allen Potter in my said real estate shall be diminished an amount sufficient to pay the same, and in case there should be a partition of my said real estate and division of the same among my said children, and at the time of said partition and division the said notes should remain unpaid, then there shall be set apart to the said George by the commissioners who shall make such partition and from that part of my farm which shall be just in their discretion a sufficient amount of land at seventy dollars per acre to pay said notes and the same shall be set apart from the land which would belong to the said Allen in case the said notes were paid and the share of the said Allen should be diminished accordingly. Sixth- I give and bequeath and devise to my said children all the rest, residue, and remainder of all my estate real or personal estate of every kind, nature or description each to share and share alike in the same, and I ask and expect of each and all of my children whom I now and ever shall hold in kindly remembrance, that the disposition I have made of my real and personal estate may be fairly and justly carried out without trouble or differences one with another. Seventh- and lastly I do hereby constitute and appoint my said son Butler Potter and my son in law Oscar English executors of this my last will and testament hereby revoking all former wills by me made. In witness thereof I have hereunto sit my hand and seal this Eleventh day of September in the year one thousand eight hundred and seventy two. Wm Potter L.S. The foregoing instrument consisting of two sheets was at the day of the date thereof signed, sealed, published, and declared by the said William Potter as and for his last will and testament in our presence and we at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. W.S. Thrasher, Residing at Dayton, New York William Brand, Residing at Dayton, New York