WILL: John Mcquien; Eaton, Madison co., NY surname: Mcquien, Mcqueen, Holmes, Avery, Sanderson submitted by Laurie Johnson (lambjohnson at yahoo.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: August 7, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 5.3 Kb ************************************************ Source: Sampubco.com Madison co NY Will Book Vol. J page 445 Written: August 22 1860 Recorded: June 15 1865 15th day of June in 1865 Sidney T. Holmes sole executor, John McQuien late of the Town of Eaton county of Madison satisfactory evidence who were the widow, heirs at law and next of kin of the said testator and their respective residences viz. Almeda McQuien of Eaton NY the widow and Donald McQuien, Margaret McQuien, John H. McQuien, Mary J. McQuien, Almeda McQuien, Flora McQuien, John McQuien and Sarah E. McQuien of Eaton NY and Angus McQuien, Malcolm McQuien and Murdock McQuien whose residences are unknown heirs and next of kin of said deceased. Direct to the widow heirs in law and next of kin above named…requiring them to appear before said Surrogate at his office in the village of Morrisville in said county on the 7th day of August ad 1865 to attend the probate of said will. And afterward to wit on the 7th day of August AD 1865 …..William F (Bosmeay?) the special guardian of John H., Almeda-Flora-John and Sarah E. McQuien, having appealed for them… The last will and testament of John McQuien of Eaton Madison County, NY. I, John McQuien of Eaton Madison County NY do make tis my last will and testament as follows: First- I direct all my just debts and funeral expenses to be paid. Second-I give and bequest to my wife Almeda in lieu of dower the use or interest of one thousand dollars during her natural like and at and immediately after her death I direct the said sum of one thousand dollars to me added to the sum provided for the use of my daughters in article fourth of this will and disposed of in all respects as provided in said article. Third-I give use and bequeath to my son John McQuien Jr the use of the farm on which I now reside in the town of Eaton, purchased of Luther Sanderson and containing about one hundred acres of land together with all the farming tools and stock in said farm. Also my bank stock in the Hamilton Bank amounting to $2000.00 to have and to hold the use or interest of the same and every part thereof to the said John McQuien Jr during his natural life and at and immediately after the death of the said John I give use and bequeath the same to the legal heirs of the said John of the whole blood who shall then be living his her or their heirs or assigns forever. Fourth-I give and bequeath to each of my daughters, viz Mary Jane, Mitty, Flora and Sarah being the children of my present wife the interest or use of the sum of two thougsand dollars each for during the term of their natural lives or the natural life of each and at and immediately after the death of each I give and bequeath said principal sum to which said daughter is entitled to the use or interest of to the legal heirs of said daughter of the whole blood then living his her or their heirs or assigns forever. Fifth-I give and bequeath to my children Murdock, Angus, Donald and Margaret each the sum of one dollar. Sixth-Any and all other property of any kind which I shall own at the time of my death which is not herein disposed of I direct to be sold, conveyed and converted into money by my executor hereafter named and the proceeds thereof divided into five equal parts and invested for the benefit and use of my five children Mary Jane, Mitty, Flora, Sarah and John (being the children of my present wife) as provided in articles third and fourth of this will and the principal sum at the death of each of said children to be disposed of as directed for the principal terms in said articles. Seventh-I hereby appoint Sidney Holmes of Eaton sole executor of this will hereby authorizing him to do all things necessary to carry into full effect the terms and provisions of this will and to receive and collect all interest or dividends from the property and stock hereinbefore mentioned and pay the same over to the persons to whom the same are given. In testimony whereof I have hereunto set my hand and seal this 22nd day of August 1860. (The words “of whole blood” underlined in two places before execution) John McQuien (LS) The preceeding instrument (?) at the date thereof signed, sealed, published and declared by John McQuien the testator therein names as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto: Chas H. Avery Morrisville Mad. Co. NY Lochlin McQuien Eaton Additional Comments: John McQuien, born in Scotland in 1778. Emigrated to NY in 1825 with wife and family. First wife died around 1840, remarried Almeda Benjamin about 1843. Name also spelled McQueen (son John jr used MacQueen). Lived in Pine Woods, just north of route 20. Lived in DeRuyter NY from 1825 into the 1840s. Had been a sea captain before he emigrated and became a farmer.