WILL: Rollin C. Wilcox;  Ticonderoga, Essex co., NY
surname: Wilcox, Bailey

submitted by Richard Couch (beaucouc@up.net)
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Source: SAMPUBCO
Transcribed from SAMPUBCO copy by Richard Allen COUCH
Written: March 19 1899
Recorded: April 15 1899

WILL OF ROLLIN C. WILCOX
TOWN OF TICONDEROGA, ESSEX COUNTY, NY, Wills, Vol. M, Pg. 374

b.  About 1856, probably Ticonderoga, Essex County NY
d.  19 Mar - 15 Apr 1899, Ticonderoga, Essex County NY
Wife:  Alice
Children:  None known.  My relationship to the deceased unknown.
Parents:  Philo BAILEY & Mildred M.
Having lived his Appointed Days, may he rest forever in Heavenly Peace.

Record of the last will and testament of Rollin C. Wilcox, late of the town
of Ticonderoga, deceased, proved and admitted to probate April 15, 1899.

I, Rollin C. Wilcox, of Ticonderoga, Essex Co. N. Y. being of sound mind
and memory, do make, ordain, publish and declare this my last Will and
Testament in the manner and form following, that is to say:

After the payment of my funeral expenses including the expense of erecting
suitable marble or other stone to mark my last resting place, the expenses of
administering my estate and the payment of my lawful debts, I give devise
and bequeath my property as follows:

First:  I give devise and bequeath to my beloved mother, Mildred M. Wilcox,
one half of all of the real estate of which I may die seized, for and during
the remainder of her natural life and for and during such remainder only, to
have and to hold the same with the full and free use thereof and the rents and 
profits of the use thereof for and during such remainder, which one half of
the said real estate is an undivided one half, but the gift devise and bequest
in this clause numbered first is made subject to the provisions, conditions
and limitations contained in the following clause numbered Sixth so far as
they are legal and valid.

Second:  I give, devise and bequeath to my beloved wife, Alice Wilcox, the
other (the remaining) undivided one half of the real estate of which I may die
seized and her heirs and assigns forever, subject to the limitations and
provisions contained in the following clause numbered ninth so far as they are
legal and valid and I also give devise and bequeath to my said wife, upon and
following the death of my mother, the undivided, one half of my real estate
hereinbefore given devised and bequeathed to my mother, and her (my said wife)
heirs and assigns forever, subject to the limitations and provisions contained
in the following clause numbered ninth so far as they the said conditions and
limitations are legal and valid.

Third:  I give and bequeath to my mother the sum of Five Hundred Dollars to be
paid to her by my executors hereinafter named in such sums and at such times
as she may require except that none of the same is to be paid by her to meet
or provide for any liability that she may at any time hereafter or may have
heretofore, incurred through or on account of my brother, Edie T.? Wilcox, nor
is any of the same to be paid by her for the use or benefit of my said beloved
brother except to relieve him from want or in case of illness to protect his
health.  

(Transcriber note re brother Edie T.  US Census 1860 shows L.D. 1870, 1880 
Censuses show Eldee.).  No other siblings appear on these censuses.

Fourth:  I give and bequeath to my dear nephew, Clyde R. Wilcox, the sum 
of Fifty Dollars to be paid to him upon my decease by my executors hereinafter
named in gold; and I further give and bequeath to my said nephew, provided
that he shall be of prudent habits, as distinguished from spendthrift  habits,
and of habitual worthy conduct, as distinguished from dissoluteness, when he
shall have arrived at the age of twenty one years, without any accumulation
of interest thereon, and my executors hereinafter named shall not and are not
to be the judges solely of his right hereunder to receive the said sum of Five 
hundred dollars; and the said sum of fifty dollars is to be paid to him direct
without the interposition or appointment of any guardian for or of his person 
or estate.

Fifth:  Subject to the provisions hereinafter contained as to the support,
care and maintenance of my mother by way of a charge therefore, I give devise
and bequeath all of the rest residue and remainder of my estate both real and
personal to my said wife, and should any of the gifts devises or bequests
hereinbefore made lapse or fail for or through any reason or event, these and
in that event every such gift devise or bequest so failing or lapsing shall
fall in to the residue and become a part thereof and become given devised and
bequeathed in and by this Fifth clause to my will.

Sixth:  My aforesaid gift devise and bequest to my mother of an undivided one
half of my real estate ; is not to be by her in any way or through her in any 
manner in whole or in part impaired incumbered sold conveyed or charged
with through or on account of any debt or liability that she may now owe or
have incurred or that she may hereafter owe or incur, nor is she to in any 
way mortgage convey alien encumber or charge the same for any purpose
whatever nor bring or commence any suit action or proceeding for a partition
or division of my real estate or any part thereof, it being my wish that my
said real estate remain undivided during the life of my mother and my further
wish that provided it be to them agreeable they reside together until the 
death or future marriage of one of them, by the use of the word they meaning
my wife and mother; but the clause, if invalid in whole or in part or in whole
or in part illegal, is not in way to operate to defeat or render void any gift
devise or bequest in this will made to my mother or to my wife, and so much
of this clause as is or may be illegal or invalid, or both illegal and invalid 
is to fail and be inoperative instead of any such gift devise or bequest.

Seventh:  I hereby charge upon my gift devise and bequest to my wife of an
undivided one half of my real estate, and also upon each and every gift and
devise and bequest to her, the support care and maintenance according to her
station in life and to her full needs in health and in illness including her
proper clothing and physician and medical needs and treatment of my mother to
the extent that the same shall be necessary and proper after the application
of the rents issues and profits by my said mother to such support care and
maintenance of the undivided one half my real estate given devised and
bequeathed to my mother and the income hereinafter mentioned.

Eighth:  My aforesaid legacies to my mother and nephew are to be paid as to
priority between them, in event that my personal estate shall be insufficient,
for full payment to both, first the legacy to my mother in full, and next so
far as the same can be paid out of my personal estate the legacies to my
nephew subject to the provisions hereinbefore made as to whether or not the
legacy of five hundred dollars should be paid to him.

Ninth:  The devise gift and bequest of an undivided one half of my real estate
to my wife is subject to the provision that she shall not sell or convey the
said one half or any part thereof or procure or permit the selling or
conveying of the same or any part thereof, or the separation of the same or
any part thereof from the other undivided one half, during the life of my
mother except upon the latters written consent, or except that it become
necessary for her so to do for and toward the support care and maintenance
as aforesaid of my mother, or of herself; but this clause if invalid or
illegal in whole or in part is not in any way to operate to defeat or render
void any gift devise or bequest in this will to my wife or mother, and so much
of this clause as may be illegal or invalid or either is to fail and be 
inoperative instead of any such gift devise or bequest.

Tenth:  The said sum of Five Hundred Dollars bequeathed as aforesaid by
me to my mother is to be kept invested, so far as not paid over, as well as
may be under the circumstances of its disposition, and the income less all
charges and taxes upon the principal, is to be paid to her annually so long
as there shall remain unpaid any of the principal.

Eleventh:  The said gift and legacy of the rest residue and remainder of my
personal estate is to be paid over to my wife, as soon as and as fast as the 
same shall be ascertained and received, by my executors hereinafter named.

Twelfth:  I hereby revoke all former wills by me made, and make constitute
and appoint my said wife, and Myron J. Wilcox, my beloved cousin, and Thomas
A. Riley, my esteemed friend, as and to be the executors of this my last will
and testament, or such of the three as shall survive me in event that any of
them die before my decease, and in event of any division of opinion among them
as to any course to be pursued in the duties of their trust the decision of
the majority shall govern their conduct in such event; and in event that any
of them shall die after my decease the duties of the trust and all powers in
them shall continue and be vested in the survivor or survivors of them.

Thirteenth:  I hereby release and discharge my said brother from each and
debt (sic) and obligation that he may owe me now and direct that my executors
execute to him a release and discharge therefrom, and each and every such
debt is hereby given and bequeathed to my said brother, but this clause does
not include any unpaid paper now outstanding against us on which I am liable
as endorser or surety.

(Following is in will at end)  Note:  Thirty words interlined over (erasts?)
and between lines, one word erased with pen, also six other words likewise
interlined and 'they' written over erasure, and the knife erasures between
lines before execution all done.

In witness whereof I have hereunto set my hand and seal this 19th day of
March, 1899.
Rollin C. Wilcox.  L.S.

Thomas A. Riley residing at Ticonderoga, Essex Co., N.Y.
Myron C. Wilcox residing at Ticonderoga, Essex Co., N.Y.
Robert Domburgh residing at Ticonderoga, Essex Co., N.Y.

The foregoing instrument consisting of seven pages was on the 19th day of
March, 1899, subscribed by Rollin C. Wilcox, the testator therein named
in our presence and he at the same time declared to us that the signature
thereto was his genuine signature and he then thereupon declared to us the
said instrument to be his last will and testament, and then thereupon
requested us and each of us to sign the same as witnesses which we did then
thereupon in his presence and the presence of each other.

Thomas A. Riley residing at Ticonderoga, Essex Co., N.Y.
Myron J. Wilcox residing at Ticonderoga, Essex Co., N.Y.
Robert Domburgh residing at Ticonderoga, Essex Co., N.Y.

Depositions.

Surrogate Court, County of Essex:
In the matter of proving the last Will and Testament of
Rollin C. Wilcox, Deceased,  Essex County, ss;

Thomas A. Riley, Myron J. Wilcox & Robert Domburgh being duly severally
sworn and examined as witnesses before Rowland C. Kellogg Surrogate of the
County of Essex, depose and say, and first the said Thomas A. Riley says; that
he resides in the town of Ticonderoga in the said County of Essex, and state
of New York, and is a Postmaster and is aged 57 years; and the said Myron J.
Wilcox says that he resides in the town of Ticonderoga in said County and
State, and is a furniture dealer and is aged 39 years and the said Robert
Domburgh says he resides at Ticonderoga in said County and is a Lawyer and is
aged 48 years; and each for himself further says, that he was well acquainted
with Rollin C. Wilcox now deceased; that deponents were present as witnesses
and did see the above named Rollin C. Wilcox subscribe his name at the end of
the instrument in writing, now produced and shown to these deponents bearing
date the 19th day of March in the year one thousand eight hundred and ninety
nine purporting to be his last will and testament.  That the said decedent, at
the time of making the said subscription, declared the said instrument to be
his last will and testament, and requested these deponents to sign their names
as witnesses thereto.

Thereupon, these deponents accordingly signed their names as witnesses at the
end of the said instrument, in the presence of the said decedent and of each 
other; and each for himself further says, that the said decedent, at the time 
he so executed the said instrument, was, as deponent believes, a citizen of
the  United States, of full age, of sound mind and memory, in all respects
competent to devise real estate, and not under any restraint; and deponent
Domburgh further says that he drew the said will at the request and under the
instructions of the said testator, that the same has not been changed or
altered since its execution. Taken, subscribed and sworn to,                   
Thomas A. Riley
before me this 15th day of April, 1899.   
Myron J. Wilcox
Rowland C. Kellogg, Surrogate.                                       
Robert Domburgh

State of New York,
County of Essex,  ss:  I, Rowland C. Kellogg, Surrogate of the County of
Essex, hereby certify that the foregoing is a true copy and record of the last
will and testament of Rollin C. Wilcox, late of the town  of Ticonderoga,
deceased, propounded for probate and on the 15th day of April, 1899, duly
proved before me and by me admitted to probate as a will valid to pass both
real and personal estate, together with the proofs and examinations taken
before me in relation to the execution thereof.
Recorded April 15th, 1899.
/s/ Rowland C. Kellogg,
Surrogate


 

   
        





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