WILL: Emma A. Aldrich; Conewango, Cattaraugus Co., NY transcribed by W. David Samuelsen for USGenWeb Archives ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Cattaraugus Co, NY. Vol. 23 page 153 Emma A. ALDRICH of Conewango probate date: 28 February 1910, at Salamanca will dated: 8 October 1909 executor: Edwin M. Jenks witnesses: Edgar W. Curtis & Grace D. Curtis Last Will and Testament:- I, Emma A. Aldrich of the Town of Conewango in the County of Cattaraugus and State of New York 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 direct that all my just debts and funeral expenses be paid. Second:- I specifically direct that the total transfer or "inheritance" tax assessed against my whole estate be paid from the funds of my estate and that after such tax has been paid, my estate be divided as hereinafter specified. Third:- I do give, devise and bequeath to my three brothers, John T. Gardner, Will F. Gardner and George D. Gardner, equally, share and share alike, all the land or lands described in deed given by Carver Hidecker and others to Hartwell B. Aldrich, dated February 9, 1906 and recorded in the Chautauqua County clerk's office, February 19, 1906 in Liber No. 330 of Deeds at Page 20, together with all the live stock, hay, grain, straw, crops and other personal property produced on, or connected with said farm at the time of my death and belonging to me. The part of said lands upon which the principal buildings are located, is what is known as the "Arnold Farm" and situated in the Town of Cherry Creek, N.Y. I have made no provision in this instrument for my brother, Frank Gardner, for the simple and only reason that he has told me that he did not want me to give him any thing. I hve the same affection for himas for my three other brothers and but for his expressed wish, I would have given him some of my property. Fourth:- I give and bequeath to Philena Aldrich, a niece of my deceased husband, the sum of Five Hundred Dollars ($500.00). Fifth:- I do give, devise and bequeath to Edwin M. Jenks, all my right, title and interest in and to the real property described in deed given by frank Schulz and wife to Hartwell B. Aldrich, dated November 8, 1901 and recorded in the Cattaraugus County Clerk's office, December 1, 1902 in Liber No. 187 of Deeds at Page 287, together with all my live stock of every kind and description, except such as has been hereinbefore given to my threebrothers by paragraph numbered third. Sixth:- I give abd bequeath to my niece, Eva Gardner, the six silver tea spoons marked (underlined) E.Aldrich; I do further give and bequeath all the remainder of all my household goods, household furniture, household furnishings, pictures, books, carpets, silverware, crockery, utensils and household articles of every name, kind and description to the following named persons to be divided among them equally, share and share alike, namely: Marcia Gardner, Leroy Gardner, Ida Gardner, Kate Briel, Alice Aldrich and (underlined) and Emily aldrich. In case of the death of any of the above named persons before my death, then the said articles shall be divided equally among those above named who survive me. Seventh:- I do give and devise to my brother, Will F. Gardner, the lands or premises which he now occupies situated in the village of Conewango or Rutledge, the house on said lands being now his residence, said premises being described in deed recorded in the Cattaraugus County Clerk's office in Liber No. 219 of Deeds at Page 194. Eighth:- I do hereby authorize, empower and direct my executor hereinafter named, or the one acting in his stead, to transfer and convey by good and sufficient deeds, the different pieces or parcels of land or real property hereinbefore devised to different parties. And I do further specfically authorize, empower and direct the executro hereinafter named or the person acting his stead, to transfer and convey any and all real property forming a part of my estate and not herein specifically devised to particular person or persons, and to convert the same into personal property. Said personal property from the sale of lands together with any other personal property of my estate shall be disposed of as provided by this Will taken as a whole. Ninth:- I direct that all the residue and remainder of all my property of every name and nature be divided equally, share and share alike, among the following named nephews and nieces, to wit:- George Gardner, Cleve Gardner, JOhn Gardner, Jr., Lurena Gardner (daughter of my brother,John.), Mildred Gardner Arterburn, Ray Gardner, Beulah Gardner Anderson, Ross Gardner, Lorena Gardner (daughter of my brother George), Edith Gardner Stow, Eva Gardner and Harold Gardner; in case of the death of any of the above named nephews and nieces before my death, then the said residue and remainder shall be divided equally share and share alike. Among those of the above named nephews and nieces surviving me. Tenth and Lastly:- I do hereby nominate and appoint Edwin M. Jenks, now of the said Town of Conewango, NY., executor of this my last Will and Testament; and I do hereby revoke any and all former wills by me made. In Witness whereof, I have hereunto subscribed my name this 8th day of October in the year of our Lord one Thousand nine hundred and nine. Emma A. Aldrich We, whose names are hereto subscribed, Do Certify, that Emma A. Aldrich, the testatrix, subscribed her name to this instrument in our presence and in the presence of each of us, and at the same time, in our presence and hearing, declared the same to be her last Will and Testment, and requested us, and each of us, to sign our names thereto as witnesses to the executio nothereof, which we hereby do in the presence of the testatrix and of each other, on the day of the date of said will, October 8th, 1909, and write opposite our names our respective places of residence. Grace D. Curtis, residing at Cherry Creek, NY Edgar W. Curtis, residing at Cherry Creek, NY