WILL: Samuel Couch; Plattsburgh, Clinton co., NY surname: Couch, Adams, Graham, McKinney, Ralph, Sawyer, Veedir, Knight submitted by Richard Couch (beaucouc@up.net) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm ************************************************ submitted November 14, 2003 Source: SAMPUBCO Written: April 23 1879 Recorded: April 19 1880 WILL OF SAMUEL COUCH TOWN OF PLATTSBURGH, CLINTON COUNTY, NY, Wills, Vol. K, Pg. 414 b. Abt. 1793, CT d. Between 13 May 1879 & 19 Apr 1880, Plattsburgh, Clinton County NY Wives: 1. Mary L., 2. Irene (both from US Census). Children: None known. My relationship to deceased unknown. Having lived his Appointed Days, may he rest forever in Heavenly Peace. Transcribed from SAMPUBCO copy by Richard Allen COUCH Email: beaucouc@up.net TEXT: Be it remembered that heretofore, to wit on the 19th day of April 1880, the Last Will & Testament and the Codicil thereto of Samuel Couch 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 and duly established as a Will and Codicil of both real and personal estate; and by him ordered to be recorded with the proofs and examinations taken in respect thereto. The said Last Will & Testament & Codicil thereto, and the said Proofs & Examinations taken in respect thereto and on proof thereof are herein and hereby recorded as follows, that is to say WILL In the Name of God, Amen: I, Samuel Couch of the Village of Plattsburgh in the County of Clinton and State of New York now aged Eighty six years, still being of sound and disposing mind and memory do make, ordain publish and declare this to be my last Will and Testament, that is to say: First, I direct that all my just debts And necessary funeral expenses and the proper expenses of settling my Estate be paid, and I also direct my Executors hereinafter named, to erect, if the same has not been done, a suitable monument at my grave with suitable inscriptions thereon for my deceased wifes, my adopted daughter and myself, and enclose the yard with a suitable and substantial stone coping. Second, I give and bequeath to my respected Niece Miss Laura Adams who has resided with me during my declining years, all my stoves, Beds, Clothing, Provisions and Household Supplies, Silverware, household furniture and Home furnishings of every name and Kind whatsoever, except my bookcase and library which are hereinafter disposed of, that may be or remain in my home residence at the time of my decease. Also a bond and mortgage that I hold against Mr Cane of Plattsburgh N. Y. made for the sum of one thousand dollars, giving to my said niece the said bond and mortgage with all monies that may be due or unpaid upon the same at my death. Also, the sum of five hundred dollars in money, but said bequests are given to my said niece Laura Adams, and are to be received and accepted by her in full payment and satisfaction of all claims or demands that she has or might have or claim against my Estate. Third. I give and bequeath my library of books and my book case to Samuel Couch McKinney of Schenectady N. Y. Fourth: I give and bequeath to Mary Graham, Sarah Veddir McKinney and Mary Ralph, each, the sum of one hundred dollars, and to Miss Minerva Sawyer, the Sister of my deceased Wife, should she survive me, the sum of two hundred dollars. Fourth (repeated): I give and bequeath to the Ladies Association for establishing a "House for the Friendless in Northern New York" incorporated by an Act of the Legislature of the State of New York entitled "An Act to incorporate the Home for the Friendless in Northern New York," passed May 20. 1874 located in Plattsburgh, Clinton County New York, a bond and Mortgage I hold against Thomas Letson of Plattsburgh N. Y. for the sum of four hundred dollars, giving to said Corporation the said Letson Bond and Mortgage and all monies that may be due or unpaid upon the same at the time of my death, for the general need and purposes of said Corporation. Fifth: I give and bequeath to the American Bible Society, formed in New York in the year Eighteen hundred and sixteen, the sum of One thousand dollars, to be applied to the charitable uses and purposes Of said Society Sixth: I give and bequeath to the "Missionary Society of the Methodist Episcopal Church" incorporated by the Legislature of the State of New York, the sum of One thousand Dollars; and the receipt of the Treasurer thereof shall be a sufficient discharge to my executors for the same. Seventh. I give and bequeath to my Nephew Simon Veedir of the U. S. Army the sum of two hundred dollars. Eighth: I give and bequeath to Susan E. Clark, who now and for some time has taken care of my brother Libbeous Couch, the sum of five hundred dollars. Ninth: I hereby direct my executors hereinafter named and appointed to sell, collect and convert into money all my personal property not heretofore specifically bequeathed or disposed of, as soon as the same can be reasonably done without distress to those against whom I hold demands or obligations, and also to sell and dispose of all the real estate which I may own at my death, and convert the same into money as soon as the same can be done without unnecessary sacrifice, and out of the proceeds of any said real and personal property received and collected by them, or the survivor of them, to carry out and fulfill the provisions and pay and discharge the legacies and bequests hereinafter set forth, in full, in the order in which they are named in this will as fast as the same as aforesaid can be reasonably done, and after paying and satisfying in full all the provisions aforesaid of this Will, if anything shall then remain I hereby give and bequeath the same to the children surviving, at my death, of my sisters Lois Knight and Sally Adams, now deceased, except my niece Laura Adams, already herein provided for, to be divided among them by my executors share and share alike. Tenth and lastly. I hereby make, constitute and appoint my respected friends Cornelius Halsey and Alfred Guibord of Plattsburgh N. Y. and the Survivor of them, Executors of this my last Will and Testament, and hereby fully authorize and empower my said Executors and the survivor of them, to contract, sell and convey with the usual covenants, any and all the real estate that I may own at my death, and upon such terms and conditions as to them or the survivor of them, may seem proper for the purpose of carrying fully into effect the provisions of this will. I further hereby revoke all and every other will or wills by me at any time heretofore made, and declare this to be my only last will and testament. In Witness Whereof I have hereunto set my hand and seal this 23d day of April 1879. Samuel Couch (L. S.) The above written instrument consisting of two sheets, this being upon the sixth page thereof; was on the day the same bears date subscribed by Samuel Couch the testator therein named, in the presence of us and each of us; and he at the time of making such subscription acknowledged that he made the same and declared the same instrument so subscribed by him to be his last will and testament, Whereupon We then and there at his request and in his presence and the presence of each other; subscribed our names as Witnesses thereto. The words "he paid" on the first page and "her" on the second page interlined, and the word "formed" on the third page of said Will struck out before the execution thereof. Geo L. Clark of Plattsburgh NY. E. A. Adams Plattsburgh N.Y. CODICIL I Samuel Couch of the Village of Plattsburgh in the State of New York having made and executed my last Will and Testament bearing date the 23d day of April 1879, do hereby declare this to be a Codicil to my said will and direct that it shall be taken as a part of the same, and; First, whereby the item numbered "Fifth" in said Will I have given and bequeathed to the American Bible Society formed in New York in the year 1816, the sum of one thousand dollars I hereby change the same by giving to said society the sum only of five hundred dollars to be used and applied as said sum of One thousand dollars was to be by said will. Second. Where by the item numbered "Sixth" in said Will I have given and bequeathed to the Missionary Society of the Methodist Episcopal Church incorporated by the legislature of the State of New York the sum on One thousand dollars I hereby change the same by giving to said Society the sum only of five hundred dollars to be used and applied and receipted for as said sum of One thousand dollars was to be by said Will. Third. The said sum of One thousand dollars hereby taken from the bequests made in the Fifth and Sixth Items of my said last Will and Testament, I hereby give bequeath and dispose of as follows; five hundred dollars of said amount I hereby give and bequeath to my respected niece Miss Laura Adams, mentioned in the second item of my said Will, making my gift and bequest to her one thousand dollars in addition to the Bond & Mortgage and household furniture named in said second item of my said Will. The remaining five hundred dollars I hereby give and bequeath to Mrs Sara Veddir McKinney of Schenectady N. Y. mentioned in the Fourth item of my said last Will and Testament, making the whole amount given and bequeathed by me to said Mrs. McKinney Six hundred dollars. In all other respects I hereby fully ratify And confirm my said last Will and testament. In Witness Whereof I have hereunto Set my hand and affixed my seal This 13th day of May in the year of our Lord, One thousand and eight hundred And seventy nine. Samuel Couch (L. S.) The foregoing instrument was on this 13th day of May 1879 the day the same bears date subscribed by Samuel Couch the testator therein above named, in the presence of each of us and at the same time he declared to each of us that the said instrument so subscribed by him was a Codicil to his last Will and testament, and requested us and each of us to sign our names as subscribing Witnesses thereto, which we have accordingly done in his presence and in the presence of each other. Geo L Clark of Plattsburgh N.Y Lewis W. Pierce Do " " PROOFS: Surrogate Court Clinton County New York In the Matter of the Probate ) Of the Last Will and Testament ) Of Samuel Couch late ) Of Plattsburgh in said County ) Of Clinton Deceased ) Examination of Witnesses taken in open Court before Winslow C Watson Jr Surrogate of Clinton County NY State of New York ) Clinton County ) ss George L. Clark and Elisha A. Adams both of Plattsburgh Clinton County New York being each first duly sworn and examined in open Court; on their oaths do depose and say that they were personally acquainted with Samuel Couch late of Plattsburgh Clinton County New York deceased, that they are the subscribing witnesses to the last will and testament of said Samuel Couch deceased, and these deponents further say that the said deceased did in the presence of these deponents, subscribe his name at the end of the instrument which is now here shown to these deponents and offered for probate and purporting to be his last Will and testament and bearing date on the 23d day of April 1879 that the said deceased at the time of subscribing his name to the said instrument did declare the same to be his last will and testament, that these deponents did thereon subscribe their names at the end of the said instrument as attesting Witnesses to the execution thereof, at the request of the said deceased, in his presence and in presence of each other; that the said deceased at the time of so subscribing his name thereto was a citizen of the United States upwards of twenty one years of age and that he appeared to be of sound mind, memory and understanding, and was not under any restraint to the knowledge or belief of these deponents. Taken, subscribed and ) Geo. L. Clark Sworn to this 19th day of ) E. A. Adams April 1880 before me in ) Open Court ) W. C. Watson Jr ) Surrogate ) Surrogate's Court, Clinton County New York. In the Matter of ) The Probate of the Codicil to the Last ) Will and Testament of Samuel Couch ) Late of Plattsburgh in Said County of Clinton Deceased ) Examination of Witnesses taken in open Court before Winslow C. Watson Jr, Surrogate of Clinton County N.Y State of New York ) Clinton County ) ss George L. Clark & Lewis W Pierce both of Plattsburgh, Clinton County New York being each first duly sworn and examined in open Court, on their oaths, do depose and say, that they were personally acquainted with Samuel Couch late of Plattsburgh Clinton County New York deceased, that they are the subscribing Witnesses to the Codicil to the last Will and testament of said Samuel Couch deceased; and these deponents further say, that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which is now here shown to these deponents and offered for probate and purporting to be a Codicil to his last will and testament and bearing date on the 13th day of May 1879, that the said deceased at the time of so subscribing his name to the said instrument did declare the same to be a Codicil to his last will and testament, that these deponents did thereon subscribe their names at the end of the said instrument as attesting Witnesses to the execution thereof at the request of the said deceased, in his presence, and in presence of each other, that the said deceased at the time of so subscribing his name thereto, was a citizen of the United States upwards of twenty one years of age, and that he appeared to be of sound mind, memory and understanding, and was not under any restraint to the knowledge or belief of these deponents. Taken, subscribed and sworn ) Geo L Clark To this 19th day of April 1880 ) L W Pierce Before me in open Court ) W. C. Watson Jr ) Surrogate ) Clinton County ss It appearing from the proofs and examinations heretofore taken in respect to the Last Will & Testament and the Codicil thereto of Samuel Couch late of Plattsburgh in the County of Clinton deceased that the said Will and Codicil thereto was duly and in due form of law executed by the said deceased and that at the time the said Samuel Couch executed the same he was in all respects competent to devise real estate & not under any restraint & that the proofs & Examinations taken in respect thereto & on probate thereof are sufficient & that the said Last Will & Testament & the Codicil thereto is a Valid Will & Codicil of both real & personal estate & the same having been so adjudged and established by the Surrogate of The County of Clinton the said Last Will & Testament & the Codicil thereto and the said Proofs & Examinations taken in respect thereto, are herein & hereby recorded, signed and certified pursuant to the provisions of the Revised Statutes this 19th day of April 1880. W. C. Watson Jr. Surrogate.