WILL: James Bailey;  Plattsburgh, Clinton co., NY 
surname: Bailey, De Forris, Palmer, Witherill, Walworth, Foote, Halsey, 
Thompson  

submitted by Richard Couch (beaucouc @ up.net) 
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Submitted Date: September 13, 2004
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Source: Transcribed from SAMPUBCO by Richard Allen Couch
Clinton Co. Ny Wills, Vol. J, Pg. 298
Written: May 6 1874
Probated: 12 Jan 1877

WILL OF JAMES BAILEY, Plattsburgh

My relationship to Testator and kin unknown


FROM WILL BOOK:
Clinton County
Be it remembered that heretofore, to wit, on the 12th day of January 1877 the
Last Will and Testament of James Bailey late of Plattsburgh in the county of
Clinton deceased was in due form of law duly admitted to probate by the
surrogate of said County & duly established as a Will both of real and
personal property & by him Ordered to be recorded and the proofs &
examinations taken in respect thereto.  The said Last Will & Testament & the
said proofs & examinations taken in respect thereto & on proof thereof are
herein and hereby recorded as follows that is to say:
 
WILL
The Last Will and Testament of James Bailey of the town of Plattsburgh, County
of Clinton and State of New York.

I James Bailey, aforesaid, being about seventy-three years of age, and
considering the uncertainty of this Mortal life; and being of Sound mind and
memory Do make, publish and declare this my Last Will and Testament in manner
and form following That is to say:

First.  I direct the payment of all my funeral expenses of all kinds, with a 
suitable monument placed at my grave in my private yard, with the deceased
members of my family.

Secondly.  I direct the payment of all my lawful debts.

Thirdly.  In order to provide for the comfortable and respectable maintenance
and support of my beloved devoted with Susan H. after my decease and after
conferring with her on that subject:

Do make and set apart with  her approbation and approval in place of all claim
of dower and with her release of dower in and to my real and personal estate.

That is to say, I hereby give and bequeath to my said beloved wife Susan H.
Bailey, the sum of seven thousand dollars ($7000) for herself her heirs and
assigns forever.

And also, I further order and direct my executors or Trustees, to pay her the
said Susan H. for her further support the sum of fifteen hundred dollars
(1500) annually, during her single life or widow hood:  Payable in quarter
yearly payments and also, the occupancy of my dwelling house and homestead lot
extending west to a line running southerly from the west line of my late sons
S.P. Bailey house lot. The said line is to be an extension or continuation
southerly of the west line of the said S.P. Bailey to the north boundary of
Cornelia Street.  Preserving the lot so set off from my homestead for a
building lot;

Also to select such household furniture in addition to her own, as she may
desire for her own use from the household furniture of the dwelling house;
including beds and bedding.

And as there has been an accumulation of furniture beds and bedding, books,
pictures, engravings and other articles too numerous to mention, for many
years, I give to my daughters other articles in the dwelling not selected
by my dear wife Susan H.

And further, as it is the intention of my said wife at some time hereinafter
to vacate my present dwelling on account of its being very much larger than
she requires for her convenience:

Now when this shall be done and take place, and the house vacated and
possession taken by my executors, then and in that case I direct my
executors or trustees, to pay my said wife Susan H. the further sum of three
hundred dollars per annum for the purpose of paying the rent of such other
place she may select in addition to such furniture she may take to furnish
said house during her single life and widow hood.

And I earnestly request my survivors, daughters and grandchildren:

To do all they can to add to the comfort and happiness of my dear devoted
wife, in return for kindness to myself and her devoted attention to them.  

Fourthly.  In order to provide for the maintenance and support of Ellen M.
Bailey, widow of my deceased son Samuel Pitcher Bailey:

I hereby give and bequeath to the said Ellen M. Bailey, and the children of my
son Samuel P. Bailey by her:  All my right, title and interest in and to the
Bond and Mortgage herein mentioned, and heretofore assigned by me; as will
appear by an instrument in writing made and executed by me, dated May 24,
1871, and witnessed by John Thompson Esq., the condition of which is contained
in the said mortgage and instrument.  The same said Bond and Mortgage is for
the sum of six thousand two hundred and seventy two dollars $6272.  dated July
19(?) 1866 with interest payable in three years, and is upon the dwelling
house, lot and furniture therein.  The said bond and mortgage were given for
money loaned by me to my son S.P. Bailey, and were transferred according to
the conditions contained in the said assignment. The said mortgage is recorded
in the Clerk's Office of Clinton County, and duly filed.

And I do also further release and discharge the said Ellen M. Bailey and the
Estate of my son SP Bailey from all liabilities for money heretofore lent and
advanced by me to my son S.P. Bailey and Ellen M. Bailey.

And I do hereby direct that all notes or obligations in my possession be
discharged; and I further direct that my executors after my decease pay to
the said Ellen M. Bailey, four hundred dollars per year in equal quarterly
payments during the three years after my death.

Fifthly.  I do give and bequeath to my Grandson James F. Bailey, the sum of
two thousand five hundred dollars, and my gold watch.

This bequest and gift, are made upon the Express Condition and reservation;
Viz:  That the said James F. Bailey shall and will, at all times practice
total abstinence from all intoxicating drinks of any and every kind
whatsoever.  

Sixthly.  I do give and bequeath to my Grandson Truman De Forris Bailey, the
sum of two thousand five hundred dollars, to be invested by my executors and
be paid to him on his being twenty one years of age.  

(TRANSCRIBER NOTE:  Check of US Census shows surname spelled in will as "De
Forris"  may appear as "De Forest"/"De Forrest.")

This bequest is made subject to the same condition and reservation mention
above Viz that the said Truman De Forris Bailey shall and will at all times
practice total abstinence from all intoxicating drinks of any and every
kind whatsoever.

Seventhly.  I do give and bequeath to my Granddaughter Ellen De Forris Bailey,
the sum of two thousand five hundred dollars, to be invested by my executors,
for her benefit, within one year from the date of my decease, to be paid her
on her being twenty one years of age and the interest yearly if needed.

The three grandchildren above mentioned, are the only surviving children of my
son S. P. Bailey deceased.

And I direct that in case of the decease of either of them, without leaving a
child or children, the share of the deceased grandchild shall be equally
divided between the survivors or the survivor of them.

Eighthly.  I hold in my hands a First Deed from my daughter Julia of a certain
house and lot in Plattsburgh, to receive the rents of the same and apply to
the use of her children, and with power to sell said premises, as by Said Deed
will appear; which property when sold will belong to them, as provided in said
deed.

Now desiring to make further provision for the children of my said daughter
Julia C. Palmer:

Ninthly.  I give and bequeath to my grandson James Bailey Palmer, the sum of
two thousand five hundred dollars the income or interest coming there from
shall be applied to the support and maintenance of Caroline H. Palmer, the
youngest child of my daughter Julia C. Palmer, until she shall be twenty one
years of age.

This bequest so far as it relates to James Bailey Palmer, is made subject to
this reservation and condition Viz:  That the said James Bailey Palmer shall
and will at all times practice total abstinence from all intoxicating drinks
of any and every kind whatsoever.

The interest upon the said two thousand five hundred dollars shall be retained
by my Executors or Trustees or secured for the support and maintenance as
above mentioned of the said Caroline H. Palmer.

Having heretofore made large advances to my son in law Buel Palmer for his
support, and for the support of his family, I do hereby discharge him from all
liability for the same and hereby cancel all obligations against him.

Tenthly.  I do give and bequeath to my granddaughter Sarah M. Witherill, the
sum of two thousand and five hundred dollars the interest from which shall be
applied to the support and maintenance of her sister Frances M. until she is
twenty one years of Age.

The interest upon the said sum of two thousand five hundred dollars shall be
retained by my executors or trustees or secured for her support and
maintenance as above mentioned of the said Frances M. Palmer.

Eleventhly.  I further give and bequeath to my granddaughter Frances M.,
Daughter of the said Julia C. Palmer, two thousand five hundred dollars, to be
securely invested by Hiram Walworth my son in law, who is hereby appointed
Trustee of this bequest, with power to disburse the interest on the same for
the support and maintenance of the said Frances M. as the same may be needed.

The said sum of two thousand five hundred dollars is to be paid by said
trustee to the said Frances M. on her arrival of the age of twenty five years
or sooner, at the discretion of the said Trustee; but not before her reaching
the age of twenty one years.

Twelfthly.  I give and devise to my granddaughter Caroline H. Palmer, the
youngest daughter and child of the said Julia C. Palmer, the sum of two
thousand five hundred dollars to be securely invested by the said Hiram 
Walworth who is hereby appointed Trustee of this bequest; with the same
condition as last above mentioned in the case of Frances M. Palmer.

I further direct, that in case of the death of either of my said grand
children (children of Julia C. Palmer) leaving no child or children; that in
such case the share of the deceased grandchild shall be equally divided share
and share alike among the surviving grandchildren or to the surviving
grandchild.

Thirteenthly.  I further give and bequeath to my grand children, the children
of my daughter Cornelia L. Walworth (wife of Hiram Walworth Esq.) the
following sum, to each of my said Grandchildren That is to say To Caroline B.
Walworth the sum of two thousand dollars $2000. To Arabella Griffin Walworth
the sum of two thousand dollars $2000. To Graham C. Walworth the sum of two
thousand dollars $2000. To Clarence B. Walworth the sum of two thousand
dollars $2000. To Mary Elizabeth Walworth the sum of two thousand dollars
$2000.

Each of which bequests shall be securely invested by my son in law Hiram
Walworth, as Trustee, for the benefit of each of the said grand children, and
such investment shall be allowed to accumulate until the said grandchildren
shall severally be twenty one years of age and on the arrival of my grandchild
at such age the grand child shall be paid such legacy and the increase
thereof, in case either shall die under age without issue, the share of the
one so dying to go to the survivors and their heirs.

Fourteenthly.  I do give and bequeath to my late son in law Doct Isaac Platt
Foote, for his attachment and Devotion to his late wife deceased, my daughter
Ann Eliza, five hundred dollars.  This bequest is also in view of his
professional services in my family as a Physician.

Fifteenthly.  I give and bequeath to my brother in law the Rev Charles F.
Halsey two hundred and fifty dollars as a mark of my esteem and friendship.

Sixteenthly.  I make the following bequests for charitable objects.

I give and bequeath (if not done during my lifetime) the sum of two hundred
dollars to procure and put up a suitable monumental stone to the memory of my
son S. P. Bailey, and the improvement of the yard (his own) in which he is
buried.

Seventeenthly.  I give and bequeath the sum of two hundred dollars (if not
done during my lifetime) for the improvement of the stones in my family yard
and repair of the yard generally.  This bequest is not to interfere with my
direction to erect a suitable stone to my memory heretofore mentioned in this
my Last Will and Testament.  My executors may expend a less sum than $200 upon
the said yard if in their opinion the whole amount is not needed.

Eighteenthly.  I give and bequeath to the American Bible Society two hundred
and fifty dollars.  $250.

Nineteenthly.  I give and bequeath to the Evangelical Knowledge Society,
Office No. 2 Bible House, New York City, two hundred and fifty dollars.  $250.

Twentiethly.  I give and bequeath to the Evangelical Education Society of the
Protestant Episcopal Church, designed to aid young men studying for the
ministry, Office No. 1224 Chestnut Street, Philadelphia Pa, two hundred and
fifty dollars $250.

Twenty Firstly.  I give and bequeath to the Society for The increase of the
ministry, Office No. 12 Trinity Street, City of Hartford Ct, two hundred
dollars $200.

Twenty Secondly.  I give and bequeath to the American Church Missionary
Society of the Protestant Episcopal Church, Office No. 3, Bible House New York
City two hundred and fifty dollars $250.

Twenty Thirdly.  I give and bequeath to the Home Colored Missionary Society of
the Protestant Episcopal Church for freedmen two Hundred dollars $200.

Twenty Fourthly.  I give and bequeath to the Home Missionary Society of the
Protestant Episcopal Church for the Indians two hundred dollars $200.

Twenty Fifthly.  I give and bequeath to the Society for the relief of the aged
and infirm Clergy of the Protestant Episcopal Church two hundred dollars $200.

Twenty Sixthly.  I give and bequeath to the Trustees or legal representatives
of the Orphan Asylum at Cooperstown N.Y. two hundred dollars $200.00.

Twenty Seventhly.  I give and bequeath to the Bishop of Colorado (Bishop
Randall) for the purpose of building or aiding in the building of a Protestant
Episcopal Church in his Diocese five hundred dollars $500.

Twenty Eighthly.  I give and bequeath to the Bishop of Decorah and Nebraska
(Bishop Clarkson) for the building or aiding in the building of a Protestant
Episcopal Church in his Diocese five hundred dollars $500.00.

Twenty Ninthly. I give and bequeath to the Bishop of Montana (Bishop Tuttle)
for the purpose of building or aiding in the building of a Protestant
Episcopal Church in his Diocese five hundred dollars $500.00.

Thirtieth.  I give and bequeath to Mrs. Catherine Crozier a faithful servant
woman in my family one hundred dollars $100 

Thirty Firstly.  I hold two notes against my brother in law, Cornelius Halsey,
on which notes there is unpaid about two thousand dollars, which I have
allowed to outlaw(?), which I have done, not intending to call upon him for
payment; and I do now further discharge and release him from all liability
upon the said notes.

Thirty Secondly.  For the purpose of carrying out the designs and intentions
of this my Last Will and Testament, I do hereby appoint my son in law Hiram
Walworth Esq. of the City of Brooklyn L.I.N.Y. and John Thompson, Esq of the
City of Poughkeepsie N.Y. also my son in law, my Executors and Trustees for
all the purposes mentioned or required:  or necessary to the carrying out of
my designs and intentions in this my Last Will and Testament, hereby revoking
all former Wills made by me.

The said Executors shall have full power to sell and convey, at such times and
on such terms as they may deem proper and expedient;  any portions of my real
estate lands and tenements, not otherwise reserved in this instrument.

My said Executors may also sell such portions of my personal estate not other
wise reserved in this instrument as they may deem advisable, at such times
and on such terms as they may deem proper and expedient.

And my said Executors as such, or my Trustees as such; according to the case
presented for their action shall have full power to do all and every act and
thing necessary to carry out and complete all of my bequests, devises,
legacies and the designs, institutions and instructions contained in and by
this my Last Will and Testament.

Thirty Thirdly.  After paying and discharging and providing for all the
legacies, bequests, annuities and charges, expenses and disbursements of every
kind required by the terms and intentions of this my Last Will and Testament:

The balance or residue or balance of my whole estate real and personal shall
be divided in the following manner, Viz.  Seventy percent (70 per cent) of the
said residue, I direct to be paid in equal parts, and belong to my daughter
Cornelia L. Walworth and my daughter Caroline P Thompson equally and their
heirs and assigns, and the remainder, thirty per cent (30 per cent) is to be
divided into equal parts and paid to and belong to the children of S.P.
Bailey, and the children of Julia C. Palmer, who may be living at the time of
my decease, or the child or children (if any) of those deceased:  The same
reservation and condition as heretofore mentioned in this instrument regarding
total abstinence from intoxicating drinks shall apply to my grandsons, the
sons of S.P. Bailey, and Julia C. Bailey, in the above bequest.

Thirty Fourthly.  Should either of my grandchildren unfortunately become
intemperate before receiving his legacy I hereby constitute my said Executors
or Committee with power to retain the legacy so left to him in this my Will,
and apply the interest and income thereof to his use until in their judgment
it is safe and judicious to pay him the principal.

In Witness Whereof I have here unto subscribed my name and affixed my seal the
Eighth (8th) day March (1874) Eighteen hundred & seventy four
                                                     James Bailey (L.S.)

Signed published and declared by the above Testator as his Last Will and
Testament, and we at his request, in his presence, and in the presence of each
other have signed our names hereto as attesting witnesses.

WILL REVISION 

I James Bailey of Plattsburgh N.Y. the Testator named in the foregoing Will
and Testament, hereby declare:  That the said Will was signed by me as it
purports on the Eighth Day of March 1874 but was not witnessed or
acknowledged.

Now by reason of recent losses I have made and do hereby make the following
changes in the said Will:  leaving however the remainder of said Will to stand
good.

The changes are as follows

5th Item of said Will:  Having lately set apart the sum of five hundred
dollars to be given my Grandson James F. Bailey, in my lifetime to assist him
in learning the Dentist trade and business, and starting in said business

I therefore withdraw and revoke the sum of five hundred dollars from the said
bequest leaving it at the sum of two thousand dollars.

14th Item of my said Will 

In consequence of recent losses I withdraw and revoke the sum of two hundred
dollars from the bequest to Doct I.P. Foote leaving the said bequest at the
sum of three hundred dollars.

26th Item of my said Will
The bequest in said item of two hundred dollars to the Orphan Asylum at
Cooperstown N.Y. is hereby revoked and withdrawn.
 

In Witness Whereof I have hereunto subscribed my name and affixed my seal this
6th day of May 1874 hereby revoking all former Wills by me made                
                                        James Bailey (LS)

The foregoing instrument consisting of ten sheets was signed published and
declared by the above Testator as his Last Will and Testament; and we at his
request in his presence and in the presence of each other have signed our
names hereto as attesting witnesses.

George Moore of Plattsburgh Clinton County NY.
Chas K Stearnes of Plattsburgh aforesaid

Additional Comments:

TRANSCRIBER NOTE:  Pp. 311-313, Proofs, omitted from my transcription except 
to list cast as follows:

1.   W.C. Watson, Jr., Surrogate
2.   George Moore, witness to will
3.   Charles K. Stearnes, witness to will, said to
have departed by Testator's decease, relocating
from NY to Caledonia Centre, Racine Co. WI.

FROM US CENSUS:
1850 Plattsburgh NY
James "Baily," 50, Merchant, $30,000, VT
Caroline P., 50?, NY (all kids NY)
Saml P, 23, Merchant
Sarah L, 21
Ann E, 17
Cornelia L, 15
Cornelius H, 13
Caroline P, 08

1860 Plattsburgh NY
James Bailey, 61, Merchant, $39,800, VT
Susan P, 37, NY 
Caroline, 18 NY
NOTE:  Susan (Halsey?) above is wife named in will.