WILL: Devalson Aldrich; Norwich, Chenango co., NY

Transcribed & submitted Sep 2002 W. David Samuelsen
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Chenango Co NY Wills Vol. T page 595

Devalson Aldrich
probated: 17 Jun 1876, Norwich, Chenango, NY

notice sent to: Julia Aldrich, Amelia Aldrich, John Aldrich and Charles
Aldrich. Special guardian appeared for John and Charles Aldrich.

I, Devalson Aldrich, of the town of Plymouth, Chenango County, New York,
declare this, to be my last Will and Testament.

I. I devise to my daughter Amelia Aldrich of Plymouth aforesaid forty two
acres of land more or less situated in said town and being the same premises
conveyed to me by Almond D. Aldrich and wife and Asahel Aldrich and wife by
deed dated February 20, 1871 recorded in Chenango County Clerk's office in
Book 139 of Deeds ag page 371 and being the same premises on which my said
daughter now resides the above premises are devised subject to a live lease
held by my father for his life.

II. I give and bequeath to my said daughter the four cows which are now on
said premises.

III. I further give, devise and bequeath to George P. Cushman all the rest
residue and remainder of my estate both real and personal, not hereinbefore
devised and bequeathed of which I shall die possessed, in trust to manage and
dispose of the same and to receive and appply the rents, issues and profits,
proceeds, interest and increase thereof in the manner herinafter directed
and expressed.

IV. I direct and empower my said trustee out of the trust estate to pay all
just debts of every name and nature that I may be owing at the time of my
death and to discharge all lieus on said trust, property, and I hereby charge
said truste estate with the payment of said debts and lieus and I also direct
my trustee out of said estate to pay all the expenses of settling my estate or
managing said trust estate of whatever name and nature and I hereby charge
said trust estate with the payment of the same. And I hereby allow to my said
trustee or his successors in full compensation for the performance or all the
duties required of him as hereinafter provided the sum of one hundred and
fifty dollars a year or a fraction thereof so long as he shall continue to
act as such turstee and direct that said sum shall be paid out of said trust
estate and I hereby charge said trust estate with the payment thereof.

V. I direct and hereby empower my said trustee to pay all the debts, lieus and
expenses aforesaid out of the personal or real property of said trust estate
in such manner as he deems advantageous for said estate and to that end I
hereby authorize him to mortgage, lease and sell all the personal property or
any part thereof or to mortgage or lease all the real property of said trust
estate or any part thereof and applyt he rents, profits, and increase of said
trust estate to the payment thereof, as in his judgement the interest of said
estate requires. And in case he shall be unable to pay said debts, leius and
expenses in the manner aforesaid I hereby authorize him to sell if in his
judgement the interest of the estate requires, the forty four acres of land
hereinafter directed to be by him conveyed to my two sons in common.

VI. I further direct my trustee to pay to my said sons during their respective
minorities such sums of money arising from the rents and profits of said trust
estate as in his judgment there necessity requires and I further give him full
power to make such arrangement with my wife Julia, regarding her dower interst
in the trust estate as shall be advantageous tfor said estate and to pay her
such sum of money as he deems just and necessary on account of her said dower
in said trust estate and the sum thus paid shall be a charge upon said trust
estate and may be obtained by my said trustee in the manner hereinbefore
provided for meeting and paying debts and expenses and shall be regardedf as
an expense incident to said trust estate with my wife's dower interest in the
lands heretofore devised to my daughter Amelia.

VII. I further direct that in case there shall be a surplus of the rents and
profits after paying all my debts or lieus on said trust estate and the
expenses of managing the same before the time mentioned herein for the
termination of said trust estate then that after paying the necessary debts,
lieus and expenses, the said trustee shall at the end of each year pay to my
oldest, if he demands it, one half of the net annual rents and profits but
that the other half of the net annual rents and profits of my said trust
estate, my said trustee shall accumulate for the benefit of my youngest son to
be paid to him at the expiration of said trust estate.

VIII. It is my will and I direct that said trustee shall at my death enter
into and take possession of said trust estate and continue to manage the same
in the manner and with the powers aforesaid until my youngest son Charles
Aldrich shall attain the age of twenty one years, at which time I hereby order
and direct that my said trustee shall transfer and convey in fee to my oldest
son John Aldrich about three hundred acres of land including thirty three
acres of pond being same premises conveyed to me by Giles Sexton and wife by
deed dated May 11, 1866 and recorded in Chenango Co. Clerk's office in Book
126 of Deeds at page 384, excepting about fifty acres thereof heretofore
conveyed by me to Henry Palmetier.

And at the termination of the said trust estate at the time aforesaid I order
and direct my said trustee to transfer and convey to my youngest son Charles
Aldrich about one hundred and sixteen acres of land conveyed to me by Stephen
Anthony by deed dated April 1, 1865, recorded ins aid clerk's office in book
122 of deeds at page 181. Also about twenty fourt acres of land conveyed to me
by Simon Mowry by deed dated April 1, 1868, recorded in said clerk's office in
Book 131 at page 131. And if said premises are not sold under the power of
sale aforesaid at the termination of said trust estate as aforesaid, I order
and direct my said trustee to transfer and convey to my two sons Charles
Aldrich and John Aldrich each an undivided one half of about forty four acres
of land situate in the town of Plymouth and conveye to me by Henry W. Freeman
by deed dated March 31, 1870, recorded in said clerk's office in Book 139 of
deeds at page 372, and that at that time said trustee shall distribute said
personal property between said sons share and share alike.

IX. If said youngest son shall die before he arrives at the age of twenty one
years, I order and direct said trustee to convey to my wife and my son John
Aldrich and my daughter Amelia as, tenants inc ommon the property that
otherwise would be conveyed to said youngest son and to distribute to them hsi
share as the personal property share and share alike, and that he in such
case also convey to my son John the property before described and directed to
be conveyed to him.

X. If at the termination of said trust estate there shall remain any debt due
from my estate or said trust estate or any lieu upon said trust estate, I
order and direct that said sum shall be paid by my two sons equally or by my
son John and wife and daughter in case of death of my youngest son before
arriving at age in proportion to the shares received by them, to wit: two
thirds thereof by my said son John and one sixth thereof by my wife and one
sixth thereof by my daughter and I hereby charge the property that each may
then receive with the payment of said indebtedness in the proportion above
stated.

XI. I hereby direct that in case said George P. Cushmanshall refuse to act as
said trustee or shall become incapable of acting, resign or die that a
suitable person shall be appointed by the proper court to act as said trustee
and every person so appointed shall succeed to and be fully invested with all
the rights and be subject to as herein given to said George P. Cushman.

XII. And it is my will and I order and direct that my said trustee while
acting as such and his successors may delegate their power as said trustee in
such particulars and to such extent as they deem the interest of the estate to
require.

XIII. I further direct that my said trustee and his successors shall not be
charged with or accountable for any loss which may happen to my estate, unless
such loss should happen through their crilful default or neglect.

XIV. I hereby direct that my said trustee at the termination of his said trust
may file an unverified account of moneys paid and received by him and of his
transctions as said trustee and that said account shall be presumptive
evidence of the facts therein contained.

Lastly, I hereby constitute and appoint my trustee above named and his
successors, executor of this my last will and testament, revoking all former
wills by me made.

In witness whereof I have to this my last will and testament consisting of six
sheets each one page of paper, subscribed by name and set my seal this 9th day
of May 1876.

Devalson Aldrich (LS)

witnessed:
Chester E. Steward, Plymouth, Chenango Co., N.Y.
P. S. Brown, Plymouth, Chenango Co., N.Y.