WILLS: Wheeler, John Punderson; Hudson, Columbia co., NY surname: Wheeler, Punderson, Mellen, Freeborne, Beale, Pearson, Farrell, Rose, Stevens, Dagget, Brownell, Miller ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm File at: http://ftp.rootsweb.com/pub/usgenweb/ny/columbia/wills/vx/wheeler-johnp.txt This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.4 Kb ************************************************ File contributed for use in USGenWeb Archives by: Joseph R. Punderson jrpunderson at punderson.us June 9, 2006, 10:52 am Source: sampubco.com Columbia County Ny Will Book Volume X, Pp. 150-153 Written: June 20, 1901 Recorded: July 30, 1901 Record of the Last Will and Testament of JOHN PUNDERSON WHEELER, late of the City of Hudson, Columbia County, N.Y., deceased as a will valid to pass real and personal property together with the proofs relating thereto taken in the Surrogate’s Court of the County of Columbia, N.Y., and the Decree admitting said will to Probate. RECORDED JULY 30TH, 1901 I, JOHN PUNDERSON WHEELER, of the City of Hudson, in the County of Columbia, and State of New York do hereby make, publish and declare this to be my Last Will and Testament, that is to say:- FIRST:- After the payment of all my just and lawful debts, I give and bequeath unto James P. Mellen, of Geneva, N.Y., One Thousand Dollars: To Charles Rose Mellen, of Geneva, N.Y., Five Hundred Dollars: To the Reverend Arthur H. Mellen, Two Thousand Dollars: To John W. Mellen, of Geneva, N.Y., Three Thousand Dollars; To Russell Punderson, James H. Punderson, and Whitney Punderson, sons of the late James M. Punderson, each Five Hundred Dollars: To Frank T. Punderson, Three Thousand Dollars: To Louisa M. Punderson, daughter of the said James M. Punderson, Two Thousand Dollars; To Sarah M. Freeborne of the City of Florence, Italy, Two Thousand Dollars: To M. Eloise Beale, daughter [page 151] of the late Charles L. Beale, Two Thousand Dollars: To Alice Wheeler Pearson, of the City of Hudson, N.Y., One Hundred and Five Dollars: To Daniel Farrell of said City of Hudson, Two Hundred and Fifty Dollars; To Elizabeth Rose, Alice F. Rose, Mary C. Rose and Hugh Duncan Rose, children of Charles J. Rose, each Four Thousand Dollars. SECOND:- I give and bequeath unto the Hudson City Hospital, Two Thousand Dollars, in the name or memory of George Freeborne Wheeler, and direct that the said sum shall be invested and kept invested and the income therefrom be used toward the paymento of the annual current expenses of the said hospital. THIRD:- I given and bequeath unto the Rector, Wardens and Vestrymen of All Saint’s [sic] Church in the City of Hudson, N.Y., Two Thousand Dollars, in trust, to be held by them in the name or memory of Mrs. Alice Freeborne Wheeler, and direct that the said principal sum shall be invested and kept invested and the income therefrom to be used toward the payment of the annual current expenses of the church. FOURTH:- I give and bequeath unto the Rector, Wardens and Vestrymen of the Holy Advent Parish of Clinton, Connecticut, Two Thousand Dollars in the name or memory of Mrs. Mary Imogene Stevens, in trust, and direct that the said principal sum shall be invested and kept invested, and the income therefrom to be used toward the payment of the annual current expenses of the said Church. FIFTH:- I give and bequeath unto the Rector, Wardens and Vestry of Christ Church in the City of Hudson, N.Y., Two Thousand Dollars, in trust, to be held by them in the name or memory of George Freeborne Wheeler, and direct that the said principal sum shall be invested and kept invested, and first out of the income therefrom the annual rent of my pew in said church shall be paid; the balance of said income, after the payment of the said annual pew rent, to be used toward the payment of the current expenses of the said church. It is my wish and I further direct that the children of John M. Pearson of said City of Hudson, shall have the right and may occupy said pew at their pleasure. SIXTH:- I give and bequeath unto the City of Hudson, N.Y., the sum of Four Hundred Dollars and direct that the same shall be invested and kept invested, and the annual income therefrom used in the care and preservation of my burial lot, and also the lots belonging to the Freeborne Estate and Captain J.C. Dagget, situate in the same Hudson Cemetery, in said City. SEVENTH:- I give, bequeath and devise all the rest, residue and remainder of my estate of every name, nature and kind, whatsoever and wheresoever situated, unto my two nephews, Hugh Lawson Rose and Charles J. Rose. EIGHTH:. I hereby nominate and appoint my said two nephews, Hugh Lawson Rose and Charles J. Rose, to be Executors of this my Last Will and Testament, provided they are both residing and are in the United States at the time of my death. In the event that either should be absent, I then nominate and appoint the one of the said nephews who shall be residing in the United States, hereby revoking all former Wills by me made. I give and grant unto my said executors, or the survivor of them, or the one who may qualify full power and authority to sell and convey, if they shall deem it in the interests of my estate, any and all real estate of which I may die seized and possessed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal the 20th day of [page 152]June, in the year one thousand and nine hundred and one. John P. Wheeler. (L.S) IN PRESENCE OF H. C. Miller Wm. M. Brownell The above instrument consisting of four sheets was at the date thereof subscribed by John Punderson Wheeler, in the presence of us and each of us, he at the time of making such subscription, acknowledged that he made the same, and declared the said 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 in the presence of each other, subscribed our names as winesses thereto. H. C. Miller, Residing at Hudson, N.Y. Wm. M. Brownell, Residing at Greenport, N.Y. SURROGATE’S COURT, COLUMBIA COUNTY, SS: W. M. Brownell of the Town of Greenport in the said County, being first duly sworn, deposes and says that he is a subscribing witness to the instrument now shown to him purporting to be the Last Will and Testament of John Punderson Wheeler, deceased, and bearing date on the 20th day of June, in the year of our Lord one thousand nine hundred and one; that the deponent and H.C. Miller the other subscribing witness, signed their names as witnesses to said instrument at the request and in the presence of the said John Punderson Wheeler and in the presence of each other; that the deponent saw the said John Punderson Wheeler execute the said instrument and heard him declare the same to be his Last Will and Testament, at which time the said John Punderson Wheeler was of sound mind and memory, of full age, and not under any restraint according to deponent’s best knowledge and belief; that the said John Punderson Wheeler is now dead, was a citizen of the United States and was at the time of his death and inhabitant of the City of Hudson, in the County of Columbia, and State of New York. Wm. M. Brownell Subscribed and sworn before me this 30th. day of July, 1901. John V. Whitebeck Surrogate SURROGATE’S COURT, COLUMBIA COUNTY, SS: H. C. Miller of the City of Hudson in the said County, being first duly sworn, deposes and says that he is a subscribing witness to the instrument now shown to him purporting to be the Last Will and Testament of John Punderson Wheeler, deceased, and bearing date on the 20th day of June, in the year of our Lord one thousand nine hundred and one; that the deponent and Wm. M. Brownell the other subscribing witness, signed their names as witnesses to said instrument at the request and in the presence of the said John Punderson Wheeler and in the presence of each other; that the deponent saw the said John Punderson Wheeler execute the said instrument and heard him declare the same to be his [page 153] Last Will and Testament, at which time the said John Punderson Wheeler was of sound mind and memory, of full age, and not under any restraint according to deponent’s best knowledge and belief; that the said John Punderson Wheeler is now dead, was a citizen of the United States and was at the time of his death and inhabitant of the City of Hudson, in the County of Columbia, and State of New York. H. C. Miller Subscribed and sworn before me this 30th. day of July, 1901. John V. Whitebeck Surrogate At a Surrogate’s Court held in and for the County of Columbia at the Surrogate’s Office in the City of Hudson, on the 30th. day of July, 1901. PRESENT: THE SURROGATE ---------------------------------------------------- In the Matter of the Last Will and Testament --of-- JOHN PUNDERSON WHEELER, Deceased ---------------------------------------------------- On the application of Hugh Lawson Rose, sole executor and on filing waivers of service of citation herein of Charles J. Rose, and he with the said Hugh Lawson Rose being the only heirs at law and next of kin of said deceased - there being no widow and all being of full age, and after hearing the proofs and it appearing that said will was duly executed; that the testator was at the time of making said will in all respects competent to make said will, and was not under any restraint, It is ordered and decreed, That said will, bearing date June 20th. 1901, be, and the same hereby is admitted to Probate as a will, valid to pass real and personal property, and that the same, with the proofs relating thereto, be recorded accordingly; the probate of said will not having been contested. Ordered Further, That Letters Testamentary thereof issue to said Hugh Lawson Rose, he having taken and filed the oath prescribed by law. John V. Whitbeck, Surrogate COLUMBIA COUNTY SS: Recorded the preceding Last Will and Testament of JOHN PUNDERSON WHEELER, late of the City of Hudson, Columbia County, N.Y., deceased as a will valid to pass real and personal property with the proofs relating thereto taken in the Surrogate’s Court of the County of Columbia, N.Y., and the Decree admitting said will to Probate, which record is hereby signed and certified by me pursuant to the provisions of the Statutes of the State of New York, this 30th. day of July, 1901. [signed] John V. Whitbeck SURROGATE